How much do workers comp lawyers charge depends almost entirely on the state where the claim is filed, because each state writes its own fee rules into its workers’ compensation law. This page puts the fee cap and the approval rule for all 50 states in one place, so an injured worker or an employer can check the limit before anyone signs a fee agreement.
Some states set a flat percentage, some use a sliding scale, and others let a judge, board or commission decide what a reasonable fee is. Every row in the table comes from that state’s own verified guide on this site, where you can read the full rule and the law behind it.
Click any state below for its full guide, with the statute citation, the agency contact and the figures behind each row.
Quick Facts — How much do workers comp lawyers charge (2026)
- The lowest caps are 10%. Maine caps the fee on a lump-sum settlement at 10% of the settlement, and Oklahoma limits the fee to 10% of any temporary total or temporary partial disability benefits.
- The highest cap is one-third. South Carolina allows up to 33.3% (one-third) of the total compensation secured, and Michigan allows up to 30% of the amount recovered.
- 20% is the most common figure. Eight states use a 20% limit: Illinois, Louisiana, Montana, New Hampshire, Pennsylvania, Tennessee, West Virginia and Wisconsin. A 25% limit comes close behind in Arizona, Arkansas, Connecticut, Georgia, Kansas, Mississippi and New Jersey.
- North Dakota is the outlier. In North Dakota, Workforce Safety & Insurance (WSI) pays the attorney fee, not the worker.
- How your case ends can change the fee. South Dakota uses a sliding cap based on how the case ends, Maine sets a separate cap for lump-sum settlements, Kentucky’s sliding scale depends on when the attorney-client contract was signed, and New York has used a set fee schedule since January 1, 2023.
- There is no national fee cap. In every state, the answer to how much do workers comp lawyers charge comes from that state’s own law. Most states also require a judge, board or commission to approve the fee, but Colorado, Nevada and Ohio do not require routine approval of every fee.
- Free help starts with your state agency. Each state guide on this site lists the workers’ compensation agency that oversees fees, so you can call and ask whether a fee is within the limit.
How much do workers comp lawyers charge — All 50 States Compared
The how much do workers comp lawyers charge table below shows the two figures that frame the question in every state. Here is what each column means:
Fee Cap = the most a lawyer may take from an injured worker’s award in that state, from the state’s attorney-fee guide, which cites the statute or rule.
Approval Required = whether a judge or the board must approve the fee before it is paid — the worker’s protection against an overcharge.
| State | Fee Cap | Approval Required |
|---|---|---|
| Alabama | 15% of the compensation awarded or paid. The judge sets the actual… | YES. Under Ala. Code § 25-5-90(a), no part of the compensation may be paid to the… |
| Alaska | no fixed cap; the Alaska Workers’ Compensation Board approves the… | YES. A fee is not valid unless the board approves it (AS 23.30.145(a)), and taking an… |
| Arizona | Not more than 25% of the compensation awarded, for up to 10 years… | YES, when a fee application is filed. Under A.R.S. § 23-1069(A), the Commission “shall… |
| Arkansas | 25% of the compensation for indemnity (wage-loss and disability)… | YES. Fees for legal services on a claim “shall not be valid unless approved by the… |
| California | no fixed statutory cap; the Workers’ Compensation Appeals Board… | YES (Labor Code §4906(a)–(b); 8 CCR §10844) |
| Colorado | no hard cap; a contingent fee above 25% of the contested benefits is… | NO, not automatically for every fee. The Director decides whether a fee is reasonable if… |
| Connecticut | Up to 25% of the benefits the attorney obtains for the worker. This… | YES. Conn. Gen. Stat. § 31-327(b); Memo 2023-09; Memo 2001-03 |
| Delaware | When the Industrial Accident Board awards compensation to the worker… | YES — for a fee charged to the employer, the Board must allow it and the worker’s lawyer… |
| Florida | Sliding scale on “benefits secured”: 20% of the first 5000, 15% of… | YES — § 440.34(1) (“A fee, gratuity, or other consideration may not be paid for a… |
| Georgia | 25% of the claimant’s award of weekly benefits or settlement. The fee… | YES. Any fee over 100 must be approved by the Board (O.C.G.A. § 34-9-108(a); Rule… |
| Hawaii | no fixed percentage cap; the Director of Labor (or the Appeals Board… | YES — HRS §386-94 says fee claims are not valid unless approved by the Director, or by… |
| Idaho | No hard cap. The rule sets a “presumed reasonable” fee: 25% of… | YES. Idaho Code 72-803 makes attorney claims subject to Commission approval. A charging… |
| Illinois | 20% of the compensation recovered and paid. In death, permanent… | YES. Section 16a requires the fee to be set in a written contract on Commission forms.… |
| Indiana | Sliding scale set by statute: 20% of the first 50000 recovered and… | YES. Attorney fees are subject to Worker’s Compensation Board approval, and the Board… |
| Iowa | no fixed cap; the workers’ compensation commissioner must approve the… | YES. Iowa Code §86.39 makes all fees for legal services under chapters 85, 85A, 85B, 86… |
| Kansas | 25% of the compensation recovered and paid, or a reasonable amount… | YES. Under K.S.A. 44-536 every attorney contract must be filed with the director, who… |
| Kentucky | Sliding scale for attorney-client contracts signed on or after July… | YES. All attorney fees under Chapter 342 need an administrative law judge’s approval (KRS… |
| Louisiana | 20% of the amount recovered (a flat percentage, with no sliding… | YES. Under La. R.S. 23:1141, an attorney’s claim for fees is not enforceable unless a… |
| Maine | Lump-sum settlements are capped at 10% of the settlement, after… | YES. Fees and payment of fees to all attorneys representing employees are subject to… |
| Maryland | Sliding scale set by the Workers’ Compensation Commission. For a… | YES. Md. Code, Labor and Employment §9-731(a)(1) says no person may charge or collect a… |
| Massachusetts | In a lump-sum settlement the fee comes out of the settlement and may… | YES. Under 452 CMR 1.19, a fee the worker’s attorney and the insurer agree on is treated… |
| Michigan | Up to 30% of the amount recovered, after the worker’s reasonable case… | YES. Every fee must be approved by a workers’ compensation magistrate before it is paid… |
| Minnesota | 20% of the first 275000 of compensation awarded, with a maximum of… | NO for a fee within the 20%-of-275000 contingent formula, which the statute says “does… |
| Mississippi | 25% of the total award of compensation. Any fee over 200 must be… | YES. No claim for legal services is valid unless the Commission approves it, or the… |
| Missouri | no fixed statutory percentage; fees must be fair and reasonable, and… | YES — all attorney fees in workers’ compensation matters are subject to regulation by the… |
| Montana | 20% of the compensation the worker receives through the attorney’s… | YES. The attorney must file a fee contract, on a department form, with the Department of… |
| Nebraska | no fixed cap; a judge of the Nebraska Workers’ Compensation Court… | YES. Neb. Rev. Stat. 48-108: no fee claim or agreement is enforceable as a lien, “or… |
| Nevada | no fixed statutory cap for a private attorney representing an injured… | NO. No section of NRS 616A to 616D or NAC 616A to 616D requires a hearing officer… |
| New Hampshire | 20% of the retroactive indemnity benefits or permanent impairment… | YES — Lab 207.01 (Department of Labor hearings), RSA 281-A:44, I (“as approved by the… |
| New Jersey | Up to 25% of the judgment; the judge of compensation sets a… | YES. Search summaries quote N.J.S.A. 34:15-64 as saying all fees of claimants’ attorneys… |
| New Mexico | no percentage cap; the workers’ compensation judge sets a reasonable… | YES — the workers’ compensation judge determines and fixes the claimant’s attorney fee… |
| New York | A set fee schedule since January 1, 2023, with the fee depending on… | YES. A lawyer’s fee claim cannot be enforced unless the Board approves it (WCL § 24; 12… |
| North Carolina | (N.C. Gen. Stat. § 97-90(a) and (c); filing of fee agreements with… | YES — G.S. 97-90(a), (b), (c) |
| North Dakota | Workforce Safety & Insurance (WSI), not the worker, pays the attorney… | YES. Under N.D.C.C. § 65-02-08 and N.D. Admin. Code § 92-01-02-11.1, fees are paid… |
| Ohio | no fixed percentage cap in statute or rule; the Industrial Commission… | NO — no routine approval of every fee was found; approval is required for lump sum… |
| Oklahoma | 10% of any temporary total or temporary partial disability benefits… | YES — under 85A O.S. § 82, fees for legal services in a claim are not valid unless… |
| Oregon | Fees come out of the worker’s benefits only when the attorney wins an… | YES. ORS 656.388(1) says no fee for legal services is valid unless the Administrative Law… |
| Pennsylvania | 20% of the amount awarded. A Pennsylvania workers’ compensation judge… | YES. Section 442 (77 P.S. § 998): all counsel fees agreed between the worker and the… |
| Rhode Island | No fixed percentage when a contested petition is litigated. If the… | YES. The court sets fees for litigated petitions as part of the decree (§ 28-35-32) and… |
| South Carolina | Up to 33.3% (one-third) of the total compensation secured, with… | YES. S.C. Code Ann. § 42-15-90: no person may receive a fee, gratuity, or other… |
| South Dakota | Sliding cap based on how the case ends. The fee is a share of the… | YES. SDCL 62-7-36 says “Fees for legal services under this title shall be subject to… |
| Tennessee | No more than 20% of the worker’s recovery or award. In permanent… | YES. Fees charged to workers must be approved by the workers’ compensation judge handling… |
| Texas | no percentage of a settlement; the fee is based on the attorney’s… | YES. Tex. Labor Code §408.221(a) and 28 TAC §152.3 (the attorney files Form DWC152… |
| Utah | no fixed cap; the Utah Supreme Court struck down the Labor… | See guide |
| Vermont | When the Commissioner awards a fee, a fee based on a percentage… | YES. Under 21 V.S.A. § 682, attorneys’ claims for services in a workers’ comp claim must… |
| Virginia | no fixed cap; the Virginia Workers’ Compensation Commission approves… | YES — Va. Code § 65.2-714(A) (fees “subject to the approval and award of the Commission”… |
| Washington | For work before the Department of Labor & Industries, a reasonable… | YES, if a written fee application is made within one year. The director or the director’s… |
| West Virginia | 20% of the award, and never more than 20% of the benefits payable… | NO for the standard percentage fee, which the statute caps directly; YES for fees charged… |
| Wisconsin | 20% of the amount at which the claim is settled (compromised) or of… | YES. Wis. Stat. s. 102.26(2) allows no fee unless the department authorized it first, and… |
| Wyoming | no percentage cap; the hearing examiner awards a reasonable hourly… | YES (W.S. 27-14-602(d) and W.S. 27-14-608) |
Each cell was taken from that state’s own verified guide on this site. Where a cell says “see guide,” the state’s rule needs more than one line, and the guide covers it in full.
How much do workers comp lawyers charge: What Every State Shares
When you ask how much do workers comp lawyers charge, most states give the same basic answer. The lawyer takes a share of the benefits they win for you, not an hourly bill paid up front. That share is usually capped as a percentage of the compensation awarded or paid, like 15% in Alabama, 20% in Pennsylvania or 25% in Georgia.
Some states use a sliding scale, where the percentage gets smaller as the recovery grows, as Florida and Indiana do.
The other shared rule is oversight. In most states, a fee is not valid until a state body approves it. Alaska’s board, California’s Workers’ Compensation Appeals Board, Iowa’s workers’ compensation commissioner and Virginia’s Workers’ Compensation Commission all review fees before they are paid.
So in most of the country, how much do workers comp lawyers charge is not left only to the lawyer and the client. A state official checks the number too.
How much do workers comp lawyers charge: What Makes It Different
The biggest difference is the statute itself. Some states write a fixed percentage into law, while others set no fixed cap and leave the fee to the agency or judge. Alaska, California, Iowa, Nebraska, New Mexico and Virginia fall into that second group, and Wyoming has the hearing examiner award a reasonable hourly fee instead of a percentage.
In Utah, there is no fixed cap because the Utah Supreme Court struck down the Labor Commission’s fee rule. That is why how much do workers comp lawyers charge can be a simple percentage in one state and a case-by-case decision in the next.
Your own choices matter too. Whether you take a lump-sum settlement or keep receiving weekly benefits can change the cap, as it does in Maine and Massachusetts. How far the case goes can change it in South Dakota, and when you sign the contract can change it in Kentucky.
Arizona caps the fee at 25% of the compensation awarded for up to 10 years, so the length of your benefits can also play a part in how much do workers comp lawyers charge in your claim.
Check your state’s cap before you sign a fee agreement. Compare the percentage in the contract to your state’s limit, and ask whether the fee will be sent to the state agency for approval.
How much do workers comp lawyers charge: What to Do Next
Start by opening your state’s guide on this site. Each state page carries the statute citation for the fee rule and the contact details for the agency that oversees it, so you can confirm how much do workers comp lawyers charge where you live before you hire anyone.
Read any fee agreement closely, look for the percentage and what it is taken from, and ask the lawyer to explain how case costs are handled.
If a fee looks higher than your state’s cap, or no one has asked the agency to approve it in a state that requires approval, call the agency listed on your state page. Employers can use the same pages to understand what a worker’s attorney may collect and who signs off on it.
Knowing how much do workers comp lawyers charge in your state is the first step toward a fair deal on both sides.
See your state’s exact numbers
What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.
Find Your State’s Workers Comp Guide →Find Your How much do workers comp lawyers charge
Ready to see the how much do workers comp lawyers charge where you live? Click any state name in the table above, or browse the full category below.
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Related Master Guides
Official Sources
- State attorney-fee statutes and board rules: the cap and approval rule, cited inside each state guide
- U.S. Dept. of Labor, State Workers’ Compensation Officials: www.dol.gov — the agency that approves fees in most states
How much do workers comp lawyers charge data compiled from each state’s verified guide on this site, which cites the statute and the agency. Figures change by statute and by year, so each row links to the page that explains it. Last reviewed October 2026.
Disclaimer: This page is for general informational purposes only and is not legal advice. No attorney-client relationship is created by reading it. Rules, deadlines and figures vary by state and change over time. For advice about your specific situation, consult a licensed attorney or your state workers’ compensation agency.