Workers' Comp Lawyer Fee Caps in Every State (2026)
The limit on attorney fees in workers' compensation cases in each state, and free state help for injured workers.
| State | Lawyer fees in comp cases |
|---|---|
| Alabama | Attorney fees in Alabama workers' comp cases cannot exceed 15% of the compensation awarded or paid, and a circuit court judge sets the fee and how it is paid. The Workers' Compensation Ombudsman Program offers free, voluntary mediation to help settle disputes before court: call 1-800-528-5166 and ask for an Ombudsman (Montgomery area 334-956-4046). Alabama Department of Workforce, Benefits and Claims Filing; Workers' Compensation Ombudsman Program |
| Alaska | Attorney fees in Alaska workers' comp cases are governed by AS 23.30.145 and awarded by the Workers' Compensation Board. Subsection (a) applies when an employer controverts a claim and sets a minimum fee but not a maximum; subsection (b) requires the employer to pay reasonable fees when it delays or resists payment and the worker's attorney successfully prosecutes the claim. The Board considers the nature, length and complexity of the services and the benefits obtained. Alaska Workers' Compensation Appeals Commission, decision summary No. 123 (Lewis-Walunga v. Municipality of Anchorage), citing AS 23.30.145 |
| Arizona | In Arizona the Industrial Commission sets a reasonable attorney's fee on application before the case is finally resolved, paid from the claimant's award directly to the attorney. The fee may be no more than 25% up to ten years from the date of the award (in cases involving solely loss of earning capacity, 25% up to five years from the final award), and no more than 25% of any installment may be withheld for the fee. The claimant or attorney may ask for review of whether the fee is reasonable. A.R.S. 23-1069 |
| Arkansas | In Arkansas, fees for legal services in workers' comp cases are not valid unless approved by the Workers' Compensation Commission. In contested cases, half of the attorney's fee is paid by the employer or insurance carrier and half by the worker out of the compensation awarded, so normally you do not owe an attorney's fee unless you are awarded benefits. Free help is available from the Commission's Legal Advisor Division, which advises workers on rights and benefits and handles preliminary conferences and mediation. Arkansas Workers' Compensation Commission, Questions & Answers brochure |
| California | In California your workers' comp attorney cannot charge you directly; the fee is paid out of a portion of your workers' compensation benefits, and any award or settlement must be approved by a workers' compensation administrative law judge. Free help is available from local Information & Assistance (I&A) officers, who do not act as your attorney but help you understand how to act on your own behalf. California DWC, Frequently asked questions for injured workers |
| Colorado | Colorado workers' comp attorneys must give clients a written fee agreement. In unappealed contested cases, a contingent fee above 25% of the contested benefits is presumed unreasonable, and no contingent fee may be applied to previously incurred medical benefits in a permanent disability award. At the request of the worker or the attorney, the Director of the Division of Workers' Compensation decides which benefits were contested and whether the fee is reasonable (request within 180 days after the final order); the Director may allow more than 25% if an appeal was perfected or the attorney devoted an extraordinary amount of time. C.R.S. 8-43-403 (Colorado Revised Statutes 2023) |
| Connecticut | In Connecticut all fees of attorneys for services under the workers' compensation law are subject to the approval of the administrative law judge. The Workers' Compensation Commission does not give legal advice, but its Education Coordinators answer questions from workers (860-493-1500). Conn. Gen. Stat. 31-327(b); Connecticut Workers' Compensation Commission |
| Delaware | When the Industrial Accident Board awards compensation to an employee, it allows a reasonable attorneys' fee of not more than 30% of the award or 10 times the Delaware average weekly wage at the time of the award, whichever is smaller. The cap does not apply if a qualifying written settlement offer was made at least 30 days before trial and the award is no more than that offer. The Division of Industrial Affairs' workers' compensation line is (302) 761-8200, option 1. 19 Del. C. § 2320(10)(a)-(b); Delaware Division of Industrial Affairs, Workers' Compensation |
| District of Columbia | In DC workers' comp cases an attorney's fee must be approved by the Mayor (through the Office of Workers' Compensation) or the court, and no fee may be approved above 20% of the actual benefit secured. When the employer or carrier declines to pay within 30 days of notice and the worker later succeeds with an attorney, the approved fee is paid directly by the employer or carrier to the worker's attorney. D.C. Code 32-1530 |
| Florida | In Florida no attorney's fee may be paid for a workers' comp claimant unless approved by the judge of compensation claims or the court. The approved fee equals 20% of the first $5,000 of benefits secured, 15% of the next $5,000, 10% of the remaining benefits to be provided during the first 10 years after the claim is filed, and 5% of benefits secured after 10 years. Free help: the Division of Workers' Compensation's Bureau of Employee Assistance and Ombudsman Office answers questions and helps resolve claim problems at no cost ((800) 342-1741). Fla. Stat. 440.34(1); Florida DFS, Division of Workers' Compensation, Employee page |
| Georgia | In Georgia, a workers' comp attorney's fee is based on your agreement with the lawyer and must be approved by the State Board of Workers' Compensation if it is more than $100; no fee greater than 25% of the employee's award of weekly benefits or settlement will be approved. For general questions, the Board can be reached at (404) 656-3818 or 1-800-533-0682. Georgia State Board of Workers' Compensation, Workers' Compensation Law FAQs |
| Hawaii | Hawaii law does not require an injured worker to hire an attorney. Any attorney fees in a workers' comp case must be approved by the Disability Compensation Division and are usually a lien on your benefits. DCD provides an interpreter at no cost on request ((808) 586-9151). Hawaii DLIR, Disability Compensation Division, Frequently Asked Questions |
| Idaho | In Idaho, workers' comp attorney fees are approved by the Industrial Commission as a charging lien. Presumed reasonable: 25% of available funds when no hearing on the merits has been held; 30% when a hearing has been held and briefs submitted (or waived); and in total permanent disability cases, 15% of disability compensation after ten years from when those payments began. The attorney must file the fee agreement and supporting details, and the Commission may approve fees without a hearing or find them unreasonable. IDAPA 17.01.01.802, Rule Governing Approval of Attorneys Fees (Idaho Industrial Commission) |
| Illinois | Illinois limits a claimant attorney's fee in workers' comp cases to 20% of compensation recovered, up to 20% of 364 weeks of the maximum TTD benefit, unless a hearing is held and the Commission approves additional fees. No fee may be charged on payments the employer made voluntarily and on time; if the employer made a written offer, the fee applies only to the amount recovered above the offer and may never exceed 20% of the total award. The fee must be stated on the Attorney Representation Agreement form, signed by the employee and approved by the Commission. Illinois Workers' Compensation Commission, Handbook on Workers' Compensation and Occupational Diseases (06.06.24) |
| Indiana | Indiana sets a schedule of claimant attorney fees for cases before the Worker's Compensation Board that result in a recovery: a minimum of $200; 20% of the first $50,000 recovered; 15% of recovery above $50,000; and 10% of the value of unpaid, out-of-pocket or future medical expenses. The Board keeps continuing jurisdiction over attorney fees and may order a different fee in a particular case. Indiana Worker's Compensation Board, Schedule of Attorney Fees (IC 22-3-1-4) |
| Iowa | In Iowa all fees for legal services in workers' comp cases are subject to the approval of the workers' compensation commissioner (or a district court judge for services in the courts). An attorney may not take a fee based on compensation the employer voluntarily paid or agreed to pay, and may recover a fee only on compensation the attorney shows would not have been paid but for the attorney's efforts; disputes are resolved by the commissioner. Iowa Code 10A.327 (formerly 86.39), Iowa Code 2026 |
| Kansas | In Kansas, an attorney's fee for securing compensation may not exceed a reasonable amount for the services or 25% of the compensation recovered and paid, whichever is less, plus actual expenses (with a separate 25% limit beyond 415 weeks in death and permanent total disability cases). The Director of Workers' Compensation reviews every attorney fee contract and approves it only if it complies with the statute; fee disputes are decided by an administrative law judge. K.S.A. 44-536 |
| Kentucky | In Kentucky all workers' comp attorney fees must be reviewed and approved by an Administrative Law Judge. For fee contracts signed on or after July 14, 2018, the fee is limited to 20% of the first $25,000 of the award, 15% of the next $25,000 and 10% of the remainder, up to a maximum of $18,000 (older contracts have a $12,000 cap); the employee pays the fee from the award or settlement. Free help is available from the Department's Ombudsman/Specialist Division (800-554-8601), whose specialists help with forms but cannot represent you. Kentucky Department of Workers' Claims, Employee FAQ (citing KRS 342.320(2)) |
| Louisiana | An attorney's fee for representing an injured employee may not exceed 20% of the amount recovered, and attorney fee claims are not enforceable unless reviewed and approved by a workers' compensation judge. La. R.S. 23:1141 |
| Maine | Fees for attorneys representing injured employees are subject to approval by the Workers' Compensation Board. In a case tried to completion, the fee may not exceed 30% of the benefits accrued. For lump-sum settlements of injuries on or after January 1, 2020, the fee may not exceed 10% of the amount left after allowable expenses; older injuries use a sliding scale starting at 10% of the first $50,000. An attorney who charges more than allowed forfeits the fee and is liable for twice the fee charged. 39-A M.R.S. 325 |
| Maryland | No attorney fee may be charged or collected unless approved by the Workers' Compensation Commission, and an approved fee is a lien on the award. The Commission's fee schedule caps fees for permanent partial disability at 20% of the first $50,000, 15% of the next $50,000 and 5% above $100,000, with a total cap of 60 times the State average weekly wage (the same formula applies to settlements). Permanent total disability fees are generally capped at 25 times the State average weekly wage. No fee is generally allowed on temporary disability benefits except in contested cases (up to 10% of accrued compensation). Medical payments are excluded. The Commission may order refund of an excessive fee. Md. Code, Labor & Employment 9-731; COMAR 14.09.04.02-.03 |
| Michigan | Attorney fees in Michigan workers' compensation cases must be approved by a workers' compensation magistrate; disputed fees can be taken to a hearing and reviewed. The agency director may set maximum attorney fees by rule, and the maximums cannot be based on a weekly benefit (after coordination) higher than two-thirds of the state average weekly wage at the time of injury. For claims filed after March 31, 1986, fees follow a contingency fee schedule; if that schedule produces less than $500, the claimant may agree in writing to pay up to $500 total. Fees above the rule-based amount require a special order of the director. MCL 418.858 |
| Minnesota | A Minnesota workers' compensation attorney's fee is limited to 20% of the first $275,000 of compensation awarded, and all fees for the same injury are cumulative and may not exceed $55,000. For disputes without an ascertainable dollar value (such as a change of doctor or rehabilitation consultant), the fee is the hourly amount charged or $500, whichever is less. Fees within the 20% maximum do not require approval by the commissioner or a compensation judge; fee disputes can be reviewed under the statute. Minn. Stat. 176.081, subd. 1 |
| Mississippi | Any claimant's attorney fee above $200 in a claim must be submitted to the Mississippi Workers' Compensation Commission for approval under Miss. Code Ann. 71-3-63; fees of $200 or less are treated as consultation. In settlements, the maximum allowable attorney's fee is 25%, calculated on the present-day value of the settlement (indemnity plus fully funded future medical benefits). Mississippi Workers' Compensation Commission, General and Procedural Rule 2.3; Miss. Code Ann. 71-3-63 |
| Missouri | All attorney fees are regulated by the Division of Workers' Compensation or the Labor and Industrial Relations Commission and must be fair and reasonable. A fee becomes a lien on the compensation only if written notice is given to the Division or Commission, which may order it paid in a lump sum or installments and decides fee disputes. Mo. Rev. Stat. 287.260 |
| Montana | A claimant's attorney must file a fee contract with the Montana Department of Labor & Industry on the department's form, and the department may regulate the fee in any workers' compensation case; an attorney who violates the rules forfeits the fees. Where the claim is not disputed, no fee may be charged on temporary total disability paid during healing or on medical benefits. Fee disputes are resolved by the Workers' Compensation Court. MCA 39-71-613; Montana DLI Attorney Retainer Agreement form (ARM 24.29.3802) |
| Nebraska | In Nebraska, any attorney fee claim or agreement for services under the Workers' Compensation Act is not enforceable unless approved in writing by a judge of the Nebraska Workers' Compensation Court; once approved and noticed, it becomes a lien on compensation, and the court sets the share of each installment that goes to fees. When an employer refuses or delays payment and the employee receives an award, the court allows a reasonable attorney's fee paid by the employer, which may not be deducted from medical payments or charged to medical providers. Neb. Rev. Stat. 48-108 and 48-125 |
| Nevada | Nevada offers free legal help through the Nevada Attorney for Injured Workers (NAIW), a state agency that represents injured workers free of charge, generally after a case has gone before a Hearing Officer and is appealed to an Appeals Officer. Insurers must tell claimants of their right to request NAIW representation. NAIW: Northern Nevada (775) 684-7555, information line (775) 684-7559; Southern Nevada (702) 486-2830; offices in Carson City and Las Vegas. Nevada Attorney for Injured Workers; NRS 616C.050 |
| New Hampshire | Fees for work before the Department of Labor must be approved by the Labor Commissioner, who considers the type, length and difficulty of the work, customary rates and the benefit to the claimant. When an employer or insurance carrier appeals and the decision for the employee is affirmed, the employee is entitled to reasonable counsel fees and costs as approved by the board or court; reasonable fees are also reimbursed when the commissioner orders a carrier to pay a disputed medical bill after a hearing. N.H. RSA 281-A:44 |
| New Jersey | Claimants' attorneys in New Jersey workers' compensation cases may not charge fees in advance; fees are set by a judge of compensation only if benefits are awarded. Under R.S. 34:15-64 as amended by P.L. 2024, c. 55 (approved August 22, 2024, applying to claims pending on or after that date), the reasonable attorney fee may not exceed 25 percent of the judgment, and all claimants' counsel fees must be approved by the judge of compensation before payment. Fees may be paid by the injured worker and/or the employer or insurance carrier. N.J.S.A. 34:15-64 (P.L. 2024, c. 55) |
| New Mexico | New Mexico caps attorney fees for a worker's lawyer's work before the Workers' Compensation Administration per injury under NMSA 1978, Section 52-1-54(I); the section was amended in 2025. In 2025 the New Mexico Supreme Court (Pena v. State) upheld the cap for work before the WCA but held it unconstitutional as applied to fees for work on appeal to the courts. Under the statute, fees are generally shared between the worker and the employer, with fee-shifting to the employer possible under the offer-of-judgment rules in Section 52-1-54(F). An attorney charges a fee only if a benefit is obtained and does not charge an upfront fee. Free help for unrepresented workers is available from the WCA Ombudsman Bureau at 1-866-967-5667. NMSA 1978, 52-1-54; Pena v. State, N.M. Ct. App. No. A-1-CA-39744 (Dec. 18, 2025); NM WCA FAQs |
| New York | In New York workers' compensation cases, hiring an attorney or licensed representative is optional. All fees for attorneys and licensed representatives are set by the Workers' Compensation Board and are deducted from lost-wage awards; you should never pay an attorney or representative directly. Free help: the Board's Office of the Advocate for Injured Workers helps workers who have difficulty getting benefits and holds free monthly webinars ((877) 632-4996, AdvInjWkr@wcb.ny.gov), and free legal help is available in medical-only cases through the Injured Workers Legal Assistance Project. New York State Workers' Compensation Board, Injured Worker's Toolkit |
| North Carolina | All attorney fees in North Carolina workers' compensation cases are subject to approval by the Industrial Commission, and a request must be submitted for each fee. Taking any fee or gratuity without Commission approval, or soliciting workers' compensation clients, is a Class 1 misdemeanor. The Commission judges reasonableness using factors such as whether the fee is fixed or contingent and the customary fee for similar services, and its decision can be appealed to the full Commission and then superior court. N.C. Gen. Stat. 97-90 |
| North Dakota | By law, WSI sets the attorney's maximum hourly rate and maximum fee by rule, and WSI pays the injured worker's attorney fees and costs when the worker prevails (in binding dispute resolution, after an administrative hearing, or in district or supreme court). Except for an initial determination of compensability, the fee may not exceed 20 percent of the amount awarded, subject to the maximum set by rule, and a court, hearing officer or arbitrator may not order the maximum exceeded. WSI may not pay attorney fees in a disputed claim unless the worker first tried to resolve the dispute through WSI's Decision Review Office, which is independent of the claims department and helps injured workers with claim disputes at no charge. N.D.C.C. 65-02-08(3) and 65-02-27 |
| Ohio | Ohio law creates a workers' compensation ombudsperson system to assist claimants and employers: it answers questions, looks into complaints about how claims are processed, and gives information about problems with BWC and Industrial Commission operations, but it does not give opinions on whether a claim has merit. Ohio Rev. Code 4121.45 |
| Oregon | Oregon workers' compensation attorneys are paid on a contingent-fee basis: you do not pay an attorney unless the attorney wins or settles your case. Free state help: the Ombuds Office for Oregon Workers is an independent advocate that helps resolve complaints and explains workers' rights in the workers' comp system (800-927-1271), and the Workers' Compensation Division answers questions at 800-452-0288. Oregon Workers' Compensation Division, What happens if I'm hurt on the job? (Publication 1138, January 2026) |
| Pennsylvania | Attorney fee agreements in Pennsylvania workers' compensation cases must be approved by a workers' compensation judge or the Workers' Compensation Appeal Board, and counsel fees may not exceed 20 percent of the amount awarded. Where counsel gets a favorable result but no immediate award (such as termination or suspension cases), the judge awards reasonable agreed fees without regard to the percentage. In compromise and release settlements, fees may not exceed 20 percent of the settlement amount. You may represent yourself, but a non-attorney can't represent you. Pennsylvania Workers' Compensation Act, Section 442; LIBC-100 |
| Rhode Island | Rhode Island law makes the employer pay costs, including the employee's counsel fees and expert witness fees, when the employee successfully prosecutes a petition (for example, for compensation or medical expenses) or successfully defends against an effort to reduce or end benefits. Fees are awarded by the judge, appellate panel or supreme court for the services rendered at that level and made part of the decree, and the employee's attorney may not accept any other or additional fee for that petition. The court says an attorney is not required but is recommended; the Rhode Island Bar Association gives referrals at 401-421-5740. R.I. Gen. Laws 28-35-32; Workers' Compensation Court FAQ |
| South Carolina | Attorney fees in South Carolina workers' compensation cases must be approved by the Workers' Compensation Commission (S.C. Code 42-15-90). Under the Commission's regulation, a contingent fee generally may not exceed 33.3% of the compensation; the client must sign a Form 61 agreeing to the fee after the attorney explains the total dollar amount to be deducted. Special rules apply: for example, uncontested death or lifetime-compensation claims are capped at $2,500, and the combined fee of all attorneys for one party may not exceed 33.3%. S.C. Code Regs. 67-1205; S.C. Code 42-15-90 |
| South Dakota | In South Dakota, attorney fees in workers' compensation cases must be approved by the Department of Labor and Regulation and are capped as a percentage of the benefits secured through the attorney's involvement: 25% of the disputed amount on settlement, 30% if the department awards benefits after a hearing or on circuit court appeal, and 35% after a successful Supreme Court appeal. The Division of Labor and Management can give information and answer questions on a limited basis but cannot represent any party. SDCL 62-7-36; DLR Employee Rights and Responsibilities |
| Texas | Under Texas Labor Code 408.221, a claimant's attorney fees must be approved by the DWC commissioner or a court and may not exceed 25 percent of the injured employee's benefits; fees are paid out of those benefits. TDI says an attorney can charge a maximum of $200 per hour plus expenses. Free state help: the Office of Injured Employee Counsel (OIEC) provides ombudsmen at no cost to injured employees (and beneficiaries in work-related death cases) who don't have an attorney; they help communicate with the employer, carrier and doctor, explain the hearings process and attend proceedings with you, but don't give advice or sign agreements for you. OIEC: (866) 393-6432. Texas Labor Code 408.221; TDI Injured employee FAQ; OIEC Ombudsman Services |
| Utah | Industrial Accidents Division staff can explain an injured worker's rights under the Utah Workers' Compensation Act at no charge, but cannot give legal advice or represent you. Utah law also lets the Labor Commission award an "add-on" attorney fee, paid by the insurance carrier on top of the benefits and any agreed attorney fee, when a represented worker wins a medical claim the carrier unconditionally denied and any indemnity award is under $5,000; at the commission level it is the lesser of 25% of the medical expenses awarded or $25,000. Utah Code 34A-1-309; Utah Labor Commission, Injured Workers |
| Virginia | In Virginia, only an attorney may charge a fee to represent an injured worker, and attorney fees are set by the Workers' Compensation Commission and deducted from the award if you win. You may represent yourself. Free state help: workers without a lawyer can call the Commission's Ombuds Department at 833-448-1681 (ombuds@workcomp.virginia.gov); the ombuds can't give legal advice, but conversations are confidential. Virginia Workers' Compensation Commission, Injured Worker FAQs (rev. 1/23) |
| Washington | Washington law limits attorney fees for services before L&I to a reasonable fee of not more than 30 percent of the increase in the award the attorney secures, fixed by the L&I director on application; for appeals, the Board of Industrial Insurance Appeals fixes the fee, and it is unlawful to charge more. Fees on claim resolution settlement agreements are limited to 15 percent of the total paid to the worker. You can request a fee review by writing to the Director of Labor & Industries, PO Box 44000, Olympia WA 98504-4000, or the Board of Industrial Insurance Appeals, PO Box 42401, Olympia WA 98504-2401. You don't need an attorney to protest an L&I decision. RCW 51.52.120; L&I guide F242-104-000 |
| West Virginia | West Virginia law bars a claimant's attorney from charging or receiving more than 20 percent of any award, and the fee may not exceed 20 percent of benefits paid over a 208-week period (interest excluded). A final-settlement fee may be up to 20 percent of total medical and indemnity benefits, but combined with earlier permanent disability fees may not exceed 20 percent of an award. When an attorney successfully recovers denied medical benefits from a private carrier or self-insured employer, the carrier pays reasonable fees of up to $125 per hour, limited to $500 per litigated medical issue and $2,500 per claim. W. Va. Code 23-5-16a |
| Wisconsin | Wisconsin law caps attorney (or representative) fees in worker's compensation cases at 20 percent of the amount at which the claim is compromised, awarded or collected, unless the department has authorized otherwise. Where liability is admitted, the amount is undisputed and no hearing or appeal is needed, the fee may not exceed 10 percent and no more than $250. On application, the department may set the fee and order it paid from the award, directly to the attorney. DWD notes fees and costs are deducted from the worker's payments, and settlements must be approved by the Worker's Compensation Division. Wis. Stat. 102.26; DWD WKC-18-P |
| Wyoming | In Wyoming workers' compensation contested cases, the Office of Administrative Hearings (OAH) awards attorney fees under W.S. 27-14-602(d) at an hourly rate set by the OAH director. A hearing examiner may appoint an attorney to represent an injured employee; after the final order, the attorney may request reasonable fees and costs at $180 per hour (paralegals $40 per hour), submitted within 90 days with a verified statement and the proposed source of payment (the workers' compensation account, the employee's award, or the employer). Wyoming Office of Administrative Hearings rules, Special Rules Relating to Workers' Compensation, ch. 5 sec. 3 (adopted 02/16/2024) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.