Workers Comp Lawyer Fees: Nothing Unless You Win

Workers comp lawyer fees by state

Every state puts a hard ceiling on what your lawyer can take. Illinois limits the fee to 20% of compensation recovered. Pennsylvania also caps it at 20% of the award or settlement.

Texas and Georgia set the line at 25%. Washington allows 15% on a settlement. Massachusetts holds a settlement fee to 15% to 20%.

Michigan uses two tiers for newer injuries. The fee is 20% of the first $100,000 and 15% of anything above that.

The cap keeps a fee from swallowing your check. The table below lists the fee rule in each state.

Who approves the fee

Your lawyer does not get the last word on the number. A judge, board or commission checks the fee before it is paid.

California's guide says the fee usually runs 9 to 15 percent of your final permanent disability award. A judge approves it there.

New York sets fees by Board order, not by your contract. For continuing temporary disability, the fee can be 1/3 of one week's compensation.

Virginia's Commission uses no percentage at all. It weighs the time spent, the effort and the results. In Ohio, the Industrial Commission writes the fee rules and settles fee fights.

Georgia's State Board must approve larger fees. No fee there can top 25% of the award.

Florida's sliding scale

In Florida, the fee gets smaller as the money grows. The law sets the fee at 20% of the first $5,000 of benefits secured.

After that, it drops to 15% of the next $5,000. Everything above that is charged at 10%.

A judge can approve a different fee of up to $1,500, once per accident. That fee rests on a top rate of $150 an hour.

Future medical care more than 5 years after the claim is filed does not count toward the fee.

Nothing up front, no fee unless you win

You owe nothing to start, and the case review is free. California's guide puts it plainly: if you hire an attorney, you don't pay right away.

The attorney is paid only out of money recovered for you. No recovery means no fee.

That puts your lawyer on your side. They get paid when you get paid, and state law caps their share.

Ask about the fee rule on your first call. The attorney can explain it in plain words before you agree to anything.

Do I need a workers comp lawyer?

Start with a call for the free review. An attorney who handles cases in your state can tell you where you stand.

Some moments carry the most money and the most risk:

• Your claim was denied.
• Your payments stopped.
• A settlement offer showed up in the mail.
• The insurer disputes your impairment rating.
• You were fired after you got hurt.

These are the points where the insurer gains the most from your silence. The review is free and the fee only comes from a win, so the call costs you nothing.

Benefit figures updated September 3, 2026