Workers Comp Attorney Fees North Dakota are set by state law, not by the lawyer: Workforce Safety & Insurance (WSI), not the worker, pays the attorney when the worker prevails. The fee is 20% of the additional benefits awarded, paid at $205 per hour, and it cannot go above a fixed maximum for each stage of the case.
The 20% limit does not apply to a dispute over the initial decision on whether the claim is covered (compensability), but the stage maximums still do. Maximums: 4704 if settled or the order is amended before the administrative hearing starts; 7455 if resolved after the hearing starts or the worker wins at the hearing; 8295 to 11078 on a district court appeal; 13283 to 14595 on a Supreme Court appeal.
Reasonable costs are paid on top of each maximum., under N.D.C.C. § 65-02-08 (20% limit, maximums set by rule); N.D. Admin. Code § 92-01-02-11.1 (hourly rates and dollar maximums, amended 2025).
This guide to workers comp attorney fees North Dakota 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 North Dakota sources as of October 2026.
North Dakota at a Glance
| Fee cap | Workforce Safety & Insurance (WSI), not the worker, pays the attorney when the worker prevails. The fee is 20% of the additional benefits awarded, paid at $205 per hour, and it cannot go above a fixed maximum for each stage of the case. The 20% limit does not apply to a dispute over the initial decision on whether the claim is covered (compensability), but the stage maximums still do. Maximums: 4704 if settled or the order is amended before the administrative hearing starts; 7455 if resolved after the hearing starts or the worker wins at the hearing; 8295 to 11078 on a district court appeal; 13283 to 14595 on a Supreme Court appeal. Reasonable costs are paid on top of each maximum. (N.D.C.C. § 65-02-08 (20% limit, maximums set by rule); N.D. Admin. Code § 92-01-02-11.1 (hourly rates and dollar maximums, amended 2025)) |
| Who pays | WSI pays the attorney’s fees and costs when the injured worker prevails. The fee is not taken from the worker’s award. |
| Judge/board approval | YES. Under N.D.C.C. § 65-02-08 and N.D. Admin. Code § 92-01-02-11.1, fees are paid through WSI under the rule’s hourly rates and maximums. The attorney is paid for actual and reasonable time, so WSI reviews the bill. — North Dakota Workforce Safety & Insurance (WSI), under N.D. Admin. Code § 92-01-02-11.1. Disputes go through the administrative hearing and appeal process under N.D.C.C. ch. 28-32. |
| Costs | Reasonable costs are paid on top of the fee maximums, and the rule also sets a payment rate for copying charges. WSI pays them when the worker prevails (§ 65-02-08; N.D. Admin. Code § 92-01-02-11.1). Travel time is paid at 103 per hour. Legal assistants, third-year law students and unlicensed law graduates working under the attorney are paid up to 125 per hour. |
| On a $50,000 settlement | Up to $10,000 |
In This North Dakota Guide:
The Cap on Workers Comp Attorney Fees North Dakota Allows
Workforce Safety & Insurance (WSI), not the worker, pays the attorney when the worker prevails. The fee is 20% of the additional benefits awarded, paid at $205 per hour, and it cannot go above a fixed maximum for each stage of the case. The 20% limit does not apply to a dispute over the initial decision on whether the claim is covered (compensability), but the stage maximums still do.
Maximums: 4704 if settled or the order is amended before the administrative hearing starts; 7455 if resolved after the hearing starts or the worker wins at the hearing; 8295 to 11078 on a district court appeal; 13283 to 14595 on a Supreme Court appeal. Reasonable costs are paid on top of each maximum. The rule is at N.D.C.C. § 65-02-08 (20% limit, maximums set by rule); N.D. Admin.
Code § 92-01-02-11.1 (hourly rates and dollar maximums, amended 2025). North Dakota runs a state-only insurance fund, and WSI pays the worker’s attorney instead of the fee coming out of the award. The maximums go up at each stage of the case.
The 2025 amendment to § 92-01-02-11.1 raised the hourly rate to 205, travel to 103, legal assistants to 125, and the dollar maximums, which WSI estimated as about a 5% increase. The statute itself is N.D.C.C. § 65-02-08 (https://www.ndlegis.gov/cencode/t65c02.pdf). Readers should confirm the current figures with WSI and a licensed North Dakota attorney.
Who Pays Workers Comp Attorney Fees North Dakota
WSI pays the attorney’s fees and costs when the injured worker prevails. The fee is not taken from the worker’s award. The fee is contingent: no recovery, no fee. Whenever the injured worker prevails after a WSI administrative order, WSI (the state-run insurer) pays the worker’s attorney fees and costs (N.D.C.C. § 65-02-08). No bad-faith finding is needed. Separate bad-faith or unreasonable-denial penalties: NONE found.
Who Approves Workers Comp Attorney Fees North Dakota
YES. Under N.D.C.C. § 65-02-08 and N.D. Admin. Code § 92-01-02-11.1, fees are paid through WSI under the rule’s hourly rates and maximums. The attorney is paid for actual and reasonable time, so WSI reviews the bill. North Dakota Workforce Safety & Insurance (WSI), under N.D. Admin. Code § 92-01-02-11.1. Disputes go through the administrative hearing and appeal process under N.D.C.C. ch. 28-32. NO.
The fee is paid by WSI and is not taken out of the worker’s medical or wage benefits (N.D.C.C. § 65-02-08).
Workers Comp Attorney Fees North Dakota: The Rules at a Glance
Every rule on workers comp attorney fees North Dakota below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | Workforce Safety & Insurance (WSI), not the worker, pays the attorney when the worker prevails. The fee is 20% of the additional benefits awarded, paid at $205 per hour, and it cannot go above a fixed maximum for each stage of the case. The 20% limit does not apply to a dispute over the initial decision on whether the claim is covered (compensability), but the stage maximums still do. Maximums: 4704 if settled or the order is amended before the administrative hearing starts; 7455 if resolved after the hearing starts or the worker wins at the hearing; 8295 to 11078 on a district court appeal; 13283 to 14595 on a Supreme Court appeal. Reasonable costs are paid on top of each maximum. |
| Statute or rule | N.D.C.C. § 65-02-08 (20% limit, maximums set by rule); N.D. Admin. Code § 92-01-02-11.1 (hourly rates and dollar maximums, amended 2025) |
| Who pays | WSI pays the attorney’s fees and costs when the injured worker prevails. The fee is not taken from the worker’s award. |
| Approval required | YES. Under N.D.C.C. § 65-02-08 and N.D. Admin. Code § 92-01-02-11.1, fees are paid through WSI under the rule’s hourly rates and maximums. The attorney is paid for actual and reasonable time, so WSI reviews the bill. |
| Approved by | North Dakota Workforce Safety & Insurance (WSI), under N.D. Admin. Code § 92-01-02-11.1. Disputes go through the administrative hearing and appeal process under N.D.C.C. ch. 28-32. |
| Litigation costs | Reasonable costs are paid on top of the fee maximums, and the rule also sets a payment rate for copying charges. WSI pays them when the worker prevails (§ 65-02-08; N.D. Admin. Code § 92-01-02-11.1). Travel time is paid at 103 per hour. Legal assistants, third-year law students and unlicensed law graduates working under the attorney are paid up to 125 per hour. |
| Employer or insurer pays the fee | Whenever the injured worker prevails after a WSI administrative order, WSI (the state-run insurer) pays the worker’s attorney fees and costs (N.D.C.C. § 65-02-08). No bad-faith finding is needed. Separate bad-faith or unreasonable-denial penalties: NONE found. |
| Fee taken from medical benefits | NO. The fee is paid by WSI and is not taken out of the worker’s medical or wage benefits (N.D.C.C. § 65-02-08). |
| Example: $50,000 settlement | Maximum fee $10,000 |
Costs Outside the Cap
Reasonable costs are paid on top of the fee maximums, and the rule also sets a payment rate for copying charges. WSI pays them when the worker prevails (§ 65-02-08; N.D. Admin. Code § 92-01-02-11.1). Travel time is paid at 103 per hour. Legal assistants, third-year law students and unlicensed law graduates working under the attorney are paid up to 125 per hour.
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What a $50,000 Settlement Nets After Workers Comp Attorney Fees North Dakota
On a $50,000 settlement the maximum fee under the North Dakota 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 North Dakota 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 North Dakota Fee Agreement
Before you sign, check four lines against the workers comp attorney fees North Dakota 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 North Dakota 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 North Dakota?
Workforce Safety & Insurance (WSI), not the worker, pays the attorney when the worker prevails. The fee is 20% of the additional benefits awarded, paid at $205 per hour, and it cannot go above a fixed maximum for each stage of the case. The 20% limit does not apply to a dispute over the initial decision on whether the claim is covered (compensability), but the stage maximums still do.
Maximums: 4704 if settled or the order is amended before the administrative hearing starts; 7455 if resolved after the hearing starts or the worker wins at the hearing; 8295 to 11078 on a district court appeal; 13283 to 14595 on a Supreme Court appeal. Reasonable costs are paid on top of each maximum.. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in North Dakota 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 North Dakota workers comp case?
North Dakota Workforce Safety & Insurance (WSI), under N.D. Admin. Code § 92-01-02-11.1. Disputes go through the administrative hearing and appeal process under N.D.C.C. ch. 28-32.
Official North Dakota Sources & Resources
- North Dakota North Dakota Workforce Safety & Insurance (WSI): https://www.workforcesafety.com
- North Dakota Workers’ Comp Statute: https://www.ndlegis.gov/information/acdata/pdf/92-01-02.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees North Dakota guide was last verified against official North Dakota sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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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.