Workers Comp Attorney Fees Montana are set by state law, not by the lawyer: 20% of the compensation the worker receives through the attorney’s efforts when the case settles without an order from the Workers’ Compensation Court judge or the Montana Supreme Court; 25% of the additional compensation won through an order after a hearing before the Workers’ Compensation Court judge or the Supreme Court.
A settlement the judge approves that could have gone to the department for approval stays at 20%., under ARM 24.29.3802 (Administrative Rules of Montana), adopted under MCA 39-71-613. This guide to workers comp attorney fees Montana explains who pays the fee, why you should never pay up front, who has to approve it, what costs fall outside the cap and what a $50,000 settlement actually nets after the fee.
Verified against Montana sources as of October 2026.
Montana at a Glance
| Fee cap | 20% of the compensation the worker receives through the attorney’s efforts when the case settles without an order from the Workers’ Compensation Court judge or the Montana Supreme Court; 25% of the additional compensation won through an order after a hearing before the Workers’ Compensation Court judge or the Supreme Court. A settlement the judge approves that could have gone to the department for approval stays at 20%. (ARM 24.29.3802 (Administrative Rules of Montana), adopted under MCA 39-71-613) |
| Who pays | Usually the worker pays from the benefits recovered. The insurer pays reasonable fees and costs when the court finds its denial, termination or payment offer was unreasonable (MCA 39-71-611 and 39-71-612), and that amount is subtracted from the worker’s contingency fee (MCA 39-71-614). |
| Judge/board approval | YES. The attorney must file a fee contract, on a department form, with the Department of Labor & Industry, and the department must approve it (MCA 39-71-613; ARM 24.29.3802 requires filing within 30 days of taking the case). An attorney who breaks the statute, the rule or a fee order loses the entire fee (MCA 39-71-613). — Montana Department of Labor & Industry (the Employment Relations Division administrator or designee) approves fee contracts. The Montana Workers’ Compensation Court judge sets reasonable fees and costs charged to an insurer (MCA 39-71-611, 39-71-612, 39-71-614). |
| On a $50,000 settlement | Up to $10,000 |
In This Montana Guide:
The Cap on Workers Comp Attorney Fees Montana Allows
20% of the compensation the worker receives through the attorney’s efforts when the case settles without an order from the Workers’ Compensation Court judge or the Montana Supreme Court; 25% of the additional compensation won through an order after a hearing before the Workers’ Compensation Court judge or the Supreme Court. A settlement the judge approves that could have gone to the department for approval stays at 20%.
The rule is at ARM 24.29.3802 (Administrative Rules of Montana), adopted under MCA 39-71-613.
Who Pays Workers Comp Attorney Fees Montana
Usually the worker pays from the benefits recovered. The insurer pays reasonable fees and costs when the court finds its denial, termination or payment offer was unreasonable (MCA 39-71-611 and 39-71-612), and that amount is subtracted from the worker’s contingency fee (MCA 39-71-614). The fee is contingent: no recovery, no fee.
(1) The insurer denies a claim or ends benefits, the Workers’ Compensation Court later finds the claim compensable, and the court finds the denial or termination unreasonable (MCA 39-71-611). (2) The insurer paid or offered an amount, the judge awards more, and the court finds the insurer’s position unreasonable (MCA 39-71-612).
These fees are based only on documented hours at the attorney’s usual Montana hourly rate, up to a maximum the department sets (MCA 39-71-614). Fees can’t be awarded under the common-fund doctrine or any other doctrine. A finding of unreasonableness is not a finding of bad faith.
Who Approves Workers Comp Attorney Fees Montana
YES. The attorney must file a fee contract, on a department form, with the Department of Labor & Industry, and the department must approve it (MCA 39-71-613; ARM 24.29.3802 requires filing within 30 days of taking the case). An attorney who breaks the statute, the rule or a fee order loses the entire fee (MCA 39-71-613).
Montana Department of Labor & Industry (the Employment Relations Division administrator or designee) approves fee contracts. The Montana Workers’ Compensation Court judge sets reasonable fees and costs charged to an insurer (MCA 39-71-611, 39-71-612, 39-71-614). Generally NO. Medical and hospital benefits are left out of the fee calculation unless the insurer denied all liability or denied specific medical costs that the attorney recovered (ARM 24.29.3802).
Even then, the fee cannot be deducted from amounts payable to medical providers (1999 MT 205).
Workers Comp Attorney Fees Montana: The Rules at a Glance
Every rule on workers comp attorney fees Montana below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | 20% of the compensation the worker receives through the attorney’s efforts when the case settles without an order from the Workers’ Compensation Court judge or the Montana Supreme Court; 25% of the additional compensation won through an order after a hearing before the Workers’ Compensation Court judge or the Supreme Court. A settlement the judge approves that could have gone to the department for approval stays at 20%. |
| Statute or rule | ARM 24.29.3802 (Administrative Rules of Montana), adopted under MCA 39-71-613 |
| Who pays | Usually the worker pays from the benefits recovered. The insurer pays reasonable fees and costs when the court finds its denial, termination or payment offer was unreasonable (MCA 39-71-611 and 39-71-612), and that amount is subtracted from the worker’s contingency fee (MCA 39-71-614). |
| Approval required | YES. The attorney must file a fee contract, on a department form, with the Department of Labor & Industry, and the department must approve it (MCA 39-71-613; ARM 24.29.3802 requires filing within 30 days of taking the case). An attorney who breaks the statute, the rule or a fee order loses the entire fee (MCA 39-71-613). |
| Approved by | Montana Department of Labor & Industry (the Employment Relations Division administrator or designee) approves fee contracts. The Montana Workers’ Compensation Court judge sets reasonable fees and costs charged to an insurer (MCA 39-71-611, 39-71-612, 39-71-614). |
| Medical-only disputes | Medical and hospital benefits normally don’t count toward the fee. They count only if the insurer denied all liability (including medical), or denied specific medical costs and the attorney won them (ARM 24.29.3802). Even then, the fee can’t be taken out of payments owed to medical providers (Montana Supreme Court, 1999 MT 205, No. 98-518). |
| Employer or insurer pays the fee | (1) The insurer denies a claim or ends benefits, the Workers’ Compensation Court later finds the claim compensable, and the court finds the denial or termination unreasonable (MCA 39-71-611). (2) The insurer paid or offered an amount, the judge awards more, and the court finds the insurer’s position unreasonable (MCA 39-71-612). These fees are based only on documented hours at the attorney’s usual Montana hourly rate, up to a maximum the department sets (MCA 39-71-614). Fees can’t be awarded under the common-fund doctrine or any other doctrine. A finding of unreasonableness is not a finding of bad faith. |
| Fee taken from medical benefits | Generally NO. Medical and hospital benefits are left out of the fee calculation unless the insurer denied all liability or denied specific medical costs that the attorney recovered (ARM 24.29.3802). Even then, the fee cannot be deducted from amounts payable to medical providers (1999 MT 205). |
| Example: $50,000 settlement | Maximum fee $10,000 |
Costs Outside the Cap
Litigation costs — medical records, expert and deposition fees, filing costs — are usually separate from the capped fee in Montana, and a fee agreement must say who advances them and who repays them from the award. Medical and hospital benefits normally don’t count toward the fee. They count only if the insurer denied all liability (including medical), or denied specific medical costs and the attorney won them (ARM 24.29.3802).
Even then, the fee can’t be taken out of payments owed to medical providers (Montana Supreme Court, 1999 MT 205, No. 98-518).
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
What a $50,000 Settlement Nets After Workers Comp Attorney Fees Montana
On a $50,000 settlement the maximum fee under the Montana cap is $10,000, leaving about $40,000 before any costs and any lien. Represented workers often settle for more than unrepresented ones, which is why the fee is usually not the thing to optimize — the offer is.
When a Lawyer Is Worth the Fee
Workers comp attorney fees Montana law allows are small enough that a lawyer earns the fee on any denied claim, any permanent injury, any settlement offer you cannot evaluate and any case where the insurer disputes the doctor. A short, medical-only claim that the insurer is paying without dispute rarely needs one.
Reading a Montana Fee Agreement
Before you sign, check four lines against the workers comp attorney fees Montana rules above: the percentage (at or under the cap), the words “no fee unless we recover,” who advances costs, and the statement that the fee is subject to approval. If any line is missing, ask — and if the answer is wrong, the state agency’s information line will confirm the rule at no cost.
Got a settlement offer? Before you accept, it helps to know what your Montana case may really be worth. An attorney can review the offer, often at no upfront cost.
Frequently Asked Questions
How much can a workers comp lawyer charge in Montana?
20% of the compensation the worker receives through the attorney’s efforts when the case settles without an order from the Workers’ Compensation Court judge or the Montana Supreme Court; 25% of the additional compensation won through an order after a hearing before the Workers’ Compensation Court judge or the Supreme Court. A settlement the judge approves that could have gone to the department for approval stays at 20%..
It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in Montana if I lose?
No. A contingency fee is owed only on money recovered. Costs may be handled differently — check the fee agreement.
Who approves attorney fees in a Montana workers comp case?
Montana Department of Labor & Industry (the Employment Relations Division administrator or designee) approves fee contracts. The Montana Workers’ Compensation Court judge sets reasonable fees and costs charged to an insurer (MCA 39-71-611, 39-71-612, 39-71-614).
Official Montana Sources & Resources
- Montana Montana Department of Labor & Industry, Employment Relations Division (administers workers’ comp and approves fee contracts); Montana Workers’ Compensation Court (decides disputes and fees charged to insurers) (check your state workers’-comp board website)
- Montana Workers’ Comp Statute: https://archive.legmt.gov/bills/mca/title_0390/chapter_0710/part_0060/section_0130/0390-0710-0060-0130.html (MCA 39-71-613); rule: https://rules.mt.gov/gateway/RuleNo.asp?RN=24.29.3802
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees Montana guide was last verified against official Montana sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
You May Also Like
More Montana Workers’ Comp Guides
- How to File a Montana Workers’ Comp Claim
- Montana Workers’ Comp Settlements
- Montana Workers’ Comp Requirements (Employers)
- Workers’ Comp Guides for All 50 States
Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.