Workers’ compensation claims allow victims hurt on the job to recover compensation for their injuries. But, in many cases, injured workers need to get legal help from a workers’ compensation lawyer to get the full amount of money they deserve.

If you’re considering hiring an attorney, you may be wondering how much do workers’ comp lawyers charge. This guide explains what you can expect to pay and provides some details on why you might want to hire a workers’ compensation attorney.

What Does a Workers' Comp Lawyer Do?

A workers’ comp lawyer provides important legal assistance when you seek compensation for a work injury.

After you get hurt on the job, you cannot generally sue your employer. Instead, your employer’s workers’ comp insurer should offer you compensation for your injuries. And you are entitled to this compensation for any injuries resulting from work duties, even if your employer was not negligent.

Ideally, you and the workers’ comp insurer will be able to negotiate a settlement. If you cannot reach a settlement, your claim can proceed to a hearing before a workers’ compensation law judge. An attorney assists you with both the settlement negotiation process as well as with a hearing if one becomes necessary to get you the money you deserve.


When Should You Hire a Workers' Comp Lawyer?

Very simple work injury claims can sometimes be resolved without a lawyer. However, if you want to make sure you protect your right to be fully compensated for your work injury, it is often a good idea to seek legal representation.

You should make sure you have a lawyer representing you in the following situations:

  • Your claim is disputed or denied by your employer or the employer’s insurer
  • Your injuries are serious, life-altering and/or permanent
  • You aren’t sure whether a settlement offer is fair or not
  • You cannot agree on a workers’ comp settlement with the insurer

The job of a workers’ comp lawyer is to look out for your rights and make sure you work effectively within the workers’ comp system to maximize the money you receive for your injuries.


How Much Do Workers' Comp Lawyers Charge?

Workers’ comp lawyers typically take your case on a contingency fee basis when you are hurt at work. This means that your lawyer will only get paid if you successfully recover compensation.

You will not have to pay any legal fees for your attorney’s representation if you don’t receive money for your work injuries when an attorney represents you on a contingent-fee basis. You may, however, have to pay some of the actual legal costs and expenses associated with your case regardless of the outcome.

Contingent fees are charged as a percentage of the amount you recover. Some states impose strict limits on the percentage a workers’ comp attorney can charge. For example, your attorney may be capped at charging you no more than 10% to 20% of the amount you recover, depending where you live. But, the rules do vary by state and some don’t have these limits.

The complexity of your case may also determine how much your attorney can charge you. For example, a simple work injury claim resolved in an out-of-court settlement might result in your lawyer collecting 10% of your recovered amount while a more complex case that ends up being resolved in a hearing could lead to a larger fee totaling 15% of your work-injury compensation.


What Is a Typical Workers' Comp Contingency Fee?

The best person to answer the question, how much do workers comp lawyers charge, is your attorney. That’s because fees can vary substantially by location, as well as based on many other factors such as your attorney’s level of experience and expertise.

One national survey did reveal that attorneys employed by injured employees received an average of 15% of their workers’ comp settlement or award.


Will You Have to Pay Legal Expenses?

In some cases, you must pay expenses regardless of the outcome of your workers’ comp claim. Some of the fees you might end up paying include:

  • Filing fees
  • Postage fees
  • Copying fees
  • Deposition expenses
  • Travel expenses, if any, for your attorney
  • Any fees charged to access your medical records
  • Expert fees, such as paying physicians who independently examine you to determine the severity of your injuries

Many workers’ comp lawyers pay these fees up front and require reimbursement whether you win or lose. But this is not the case in all situations, so be sure to check with your attorney before you sign a representation agreement.


Is it Worth Hiring a Workers' Comp Lawyer?

The important question for most injured workers is not how much a workers’ comp lawyer costs, but instead whether it is worth hiring an attorney or not. In most cases, the answer is yes.

An experienced workers’ compensation lawyer can help plaintiffs with complex issues such as deciding whether to settle their workers’ comp claim or whether to allow the case to proceed to a hearing. An attorney can also help you to better negotiate a settlement to maximize your recovery.

In fact, the same national study that determined attorneys hired by injured workers received 15% of their settlement amount also revealed that those who hired an attorney collected a larger amount of compensation. The average compensation for injured workers without a lawyer was $18,000 while those with a lawyer collected around 30% more. Their average compensation was $23,500.

If you want to maximize the chances of getting the largest possible workers’ comp settlement or damage award–especially in complex cases–you should get legal help ASAP.


Frequently Asked Questions (FAQs)

How much is the average workers' comp settlement?

For injured workers without a lawyer, one survey found the average compensation for a work injury was $18,000. The average workers’ comp compensation was 30% higher for those represented by an attorney. Injured employees with a workers’ comp lawyer received an average of $23,500.

How do workers' comp attorneys get paid?

Most workers’ comp attorneys get paid on a contingency fee basis. They are paid only if they help you recover compensation for your work injuries. The compensation comes out of the lump sum you receive when your case is settled or you are awarded damages in a workers’ comp hearing.

How long does it take to settle a workers' comp case?

Some simple workers’ comp claims are resolved quickly, sometimes within as little as 45 to 60 days. However, most claims can take around four to six months, and especially complex cases can take even longer.