How Much Does a Workers’ Comp Lawyer Cost?

After a workplace injury, as you start to navigate the workers’ compensation process, you may be wondering if you should hire a lawyer. And while you might worry a lawyer will cost too much, data shows they can actually help maximize your benefits by getting you higher payouts than you’d get on your own.

To help you weigh the benefits of a workers’ comp lawyer, we’ll break down the basics of lawyer fees, including how much they charge, when they collect, and situations when they could be worth it for you.

Workers’ comp lawyer fees

Most workers’ comp lawyers charge a fee that's a percentage of your benefits or settlement payment, and that fee is usually between 10% and 20%. You only have to pay them if they help you win benefits or a settlement.

However, fees vary by state. Each state sets its own workers’ comp laws, including the maximum legal fees an attorney can charge. In certain states, fees are set dollar amounts instead of percentages. Massachusetts workers’ comp lawyers earn specific amounts instead of percentages, depending on which services they provided.

If you win weekly benefits instead of a settlement, it’s also possible for lawyers to charge their fee for your back benefits (wages already lost because of missed work time) as well as some of your future benefits.

Learn more: What does a workers’ comp lawyer do that I can’t?

How do you pay a workers’ comp lawyer?

Before a lawyer can get paid, a judge has to approve the lawyer’s fee and ensure it follows state regulations. This helps protect you from any wrong-doing on the lawyer’s side.

The lawyer’s check is usually paid through your employer’s insurance company, and it comes out before you receive your benefits. This way, you’re not responsible for sending the lawyer's payment yourself.

Think you might want a workers’ comp lawyer? Fill out our 2-minute workers’ comp quiz and an Atticus team member will reach out to see if a lawyer could be a good fit for you. (Our services are always free.)

Does a lawyer’s fee change if I receive a settlement? 

No, it doesn’t. Whether you get your workers’ comp benefits as a lump-sum settlement or smaller payments over time, the lawyer will collect the same percentage fee. The exception might be in states like Illinois where lawyers can earn a larger fee if they specifically help you earn a higher settlement than one you were already offered.

Can I negotiate workers’ comp lawyer fees?

While most lawyers won’t negotiate their fees, it’s possible that some are open to this conversation. Be sure to do all negotiating before you sign any contract to hire that lawyer. Whatever final percentage is in the signed contract is what you’ll pay at the end of your case.

State-by-state workers’ comp lawyer fees

Since workers’ compensation varies by state, below is a look at how lawyers fees compare in some states.

Other costs with a workers’ comp lawyer

There are a few extra fees that a lawyer may charge you. In many cases you still don't pay these fees unless you win your case. At that point, they come out of your final payment along with the main lawyers’ fee. If you do need to pay these fees up front, make sure the lawyer provides receipts and returns any unspent funds. The initial agreement you sign with the lawyer should explain all additional fees, so make sure to read it carefully.

Here are other fees a workers’ comp lawyer may charge:

• Filing fees

• The cost to copy medical records, including search fees, page fees, evidence fees, and others — some states set a maximum fee while states such as Alaska and Idaho mandate that there is no charge to claimants

• Lawyer travel costs, such as mileage to get to hearings

• Independent consultations or medical exams the lawyer sets up for you

What shouldn’t cost money is your initial consultation. Most lawyers don’t charge for the initial meeting to discuss your case and none of the lawyers in the Atticus network do.

4 reasons you might want a workers’ comp lawyer

Oftentimes the complexity of the workers’ comp system or an unexpected issue — like your employer denying your claim — may leave you looking for some help.

Workers’ comp lawyers can help you navigate the entire process, from staying on top of filing deadlines to communicating with insurance companies, doctors, and the state. Studies also show that payouts for workers’ with lawyers are five times higher than without a lawyer.

Here are a few examples of when a lawyer can support you:

• If you need help understanding the process: Lawyers are experts in your state’s laws and can guide you each step of the way.

• If you’re unhappy with your payout: When your payments or settlement is less than expected, a lawyer can help you appeal and maximize your potential benefits. 

• If your employer is uncooperative: It’s common for employers or their insurance companies to be uncooperative or move too slowly on your claim. A lawyer can help push them forward to drive a positive outcome.

• If your claim is denied: Any time your workers’ compensation claim is denied, reach out to a lawyer. They’ll help you appeal and work to get you the benefits you deserve.

• If you need to attend a hearing: Sometimes you’ll need to attend a hearing to either appeal a denial or to provide additional evidence of your injury. A lawyer can gather evidence and represent you at the hearing so you can get a favorable decision.

Still unsure if a lawyer could help you? Try our full guide on when you should hire a workers’ comp lawyer.

How to find a good worker’s comp lawyer

Finding the right workers’ comp lawyer is important. You want someone who has practiced in your area and for enough years to have seen many different types of cases.

To make your search easier, Atticus has vetted lawyers from across the country and built a trusted network of experienced attorneys. To get matched with a workers’ comp lawyer near you, start with our free quiz. We’ll reach out to learn more about your situation and pair you with someone who’s a fit for your case.