A workers comp attorney fights for your weekly check, which is two-thirds of your pay in most states. You owe the attorney nothing today: the fee is a state-capped share of the money recovered.
Weekly checks, deadlines and attorney fees by state
Your state's law sets every number below and both deadlines run from the day you get hurt.
| State | Weekly cap | File claim | Fee cap |
|---|---|---|---|
| Arizona | $6,131.00 monthly wage limit | within one year | – |
| California | $1,764.11 | one year from the injury | usually 9% to 15% of the permanent disability award |
| Florida | $1,358 | within 2 years | 20% of the first $5,000, 15% of the next $5,000, 10% after that |
| Georgia | $800 | within one year | 25% of your award or settlement |
| Illinois | $2,045.63 | within three years | 20% of what you recover |
| Massachusetts | $1,922.48 | within 4 years | 15% to 20% of the settlement |
| Michigan | $1,201 | within 2 years | 20% of the first $100,000, 15% above that |
| New Jersey | $1,199 | within two years | – |
| New York | $1,281.50 | within two years | set by the Board, not by your contract |
| North Carolina | $1,446 | within two years | – |
| Ohio | $1,281 | within one year | the Industrial Commission sets rules and settles fee disputes |
| Pennsylvania | $1,394 | – | 20% of the award or settlement |
| Texas | $1,314 | within one year | 25% of what you recover |
| Virginia | $1,507.01 | within two years | set by the Commission on time and results, not a percentage |
| Washington | 120% of the state average monthly wage | within 1 year | 15% of the settlement |
These are the verified figures the state pages use and each state page links its sources.
The weekly check is a share of your average wage and it stops at the state's cap however much you earned.
Miss either deadline and you can lose the claim for good and a denial letter can start a shorter clock of its own.
What a workers compensation attorney costs you is capped by state law; where there is no percentage, a judge or the board sets or approves the fee.
People also ask
Is a workers comp attorney free?
If the claim brings in no money, the attorney is owed no fee and the share they can take is capped by state law. If the attorney wins money for you, the fee comes out of it and your state caps that fee.
What does a workers comp lawyer do?
They file the papers on time, gather your medical records and deal with the insurer for you. They also fight a denial and push back on a low settlement offer.
How much does workers comp pay a week?
In Pennsylvania, Georgia and Virginia, the check is 66 2/3% of your average weekly wage, up to a state cap. New Jersey and Texas pay 70% and Massachusetts pays 60%.
How long do I have to report a work injury?
Texas, California, Florida and Georgia give you 30 days to tell your employer, Illinois gives 45 and Michigan gives 90. Tell your employer in writing and keep a copy.