Workers Comp Attorney Fees Hawaii are set by state law, not by the lawyer: no fixed percentage cap; the Director of Labor (or the Appeals Board or court on appeal) approves a reasonable fee based on time spent, hourly rate, complexity, the attorney’s experience, fees awarded in similar cases and the benefits obtained for the worker, under HRS §386-94; HAR §12-10-69.
This guide to workers comp attorney fees Hawaii 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 Hawaii sources as of October 2026.
Hawaii at a Glance
| Fee cap | no fixed percentage cap; the Director of Labor (or the Appeals Board or court on appeal) approves a reasonable fee based on time spent, hourly rate, complexity, the attorney’s experience, fees awarded in similar cases and the benefits obtained for the worker (HRS §386-94; HAR §12-10-69) |
| Who pays | usually the injured worker, as an approved lien on their compensation; the employer pays when it loses an appeal it filed, or when a proceeding was brought or defended without reasonable ground |
| Up-front fee | Hawaii does not set a percentage contingency scheme. No attorney may receive any fee, consideration or gratuity without the Director’s approval (fine of up to 25000 under HRS §386-94), so an unapproved up-front fee or retainer is not allowed |
| Judge/board approval | YES — HRS §386-94 says fee claims are not valid unless approved by the Director, or by the Appeals Board or court deciding an appeal; HAR §12-10-69 says no fee request or fee agreement is valid until the Director approves it — Director of Labor and Industrial Relations through the Disability Compensation Division (or the DLIR district office on the neighbor islands); the Labor and Industrial Relations Appeals Board or the court when there is an appeal |
| Costs | costs are separate from the fee but approved on the same request; under HAR §12-10-69 the attorney files a request with a detailed breakdown of time and costs for each activity (form DC-AF-1) within 10 calendar days after the final decision or settlement, and parties may object within 10 calendar days of service; costs can be charged to the employer under HRS §386-93 |
In This Hawaii Guide:
The Cap on Workers Comp Attorney Fees Hawaii Allows
no fixed percentage cap; the Director of Labor (or the Appeals Board or court on appeal) approves a reasonable fee based on time spent, hourly rate, complexity, the attorney’s experience, fees awarded in similar cases and the benefits obtained for the worker The rule is at HRS §386-94; HAR §12-10-69. Taking any fee without approval can bring a fine of up to 25000 set by the Director (HRS §386-94).
The statute says that “in all cases, reasonable attorney’s fees shall be awarded.” The fee request must be filed within 10 calendar days of the final decision and order, or of filing a stipulation and settlement agreement (HAR §12-10-69). Confirm details with the Hawaii DCD and a licensed attorney.
Who Pays Workers Comp Attorney Fees Hawaii
usually the injured worker, as an approved lien on their compensation; the employer pays when it loses an appeal it filed, or when a proceeding was brought or defended without reasonable ground Hawaii does not set a percentage contingency scheme.
No attorney may receive any fee, consideration or gratuity without the Director’s approval (fine of up to 25000 under HRS §386-94), so an unapproved up-front fee or retainer is not allowed HRS §386-93(a): if a proceeding was brought, prosecuted or defended without reasonable ground, the whole cost of the proceeding, including reasonable attorney’s fees, may be charged to that party.
HRS §386-93(b): if the employer appeals and loses, appeal costs and reasonable attorney’s fees are charged to the employer; withdrawing or conceding the appeal counts as losing
Who Approves Workers Comp Attorney Fees Hawaii
YES — HRS §386-94 says fee claims are not valid unless approved by the Director, or by the Appeals Board or court deciding an appeal; HAR §12-10-69 says no fee request or fee agreement is valid until the Director approves it Director of Labor and Industrial Relations through the Disability Compensation Division (or the DLIR district office on the neighbor islands);
the Labor and Industrial Relations Appeals Board or the court when there is an appeal The fee generally cannot be taken from medical benefits, only from indemnity and settlement money.
Workers Comp Attorney Fees Hawaii: The Rules at a Glance
Every rule on workers comp attorney fees Hawaii below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | no fixed percentage cap; the Director of Labor (or the Appeals Board or court on appeal) approves a reasonable fee based on time spent, hourly rate, complexity, the attorney’s experience, fees awarded in similar cases and the benefits obtained for the worker |
| Statute or rule | HRS §386-94; HAR §12-10-69 |
| Who pays | usually the injured worker, as an approved lien on their compensation; the employer pays when it loses an appeal it filed, or when a proceeding was brought or defended without reasonable ground |
| Contingency only | Hawaii does not set a percentage contingency scheme. No attorney may receive any fee, consideration or gratuity without the Director’s approval (fine of up to 25000 under HRS §386-94), so an unapproved up-front fee or retainer is not allowed |
| Approval required | YES — HRS §386-94 says fee claims are not valid unless approved by the Director, or by the Appeals Board or court deciding an appeal; HAR §12-10-69 says no fee request or fee agreement is valid until the Director approves it |
| Approved by | Director of Labor and Industrial Relations through the Disability Compensation Division (or the DLIR district office on the neighbor islands); the Labor and Industrial Relations Appeals Board or the court when there is an appeal |
| Litigation costs | costs are separate from the fee but approved on the same request; under HAR §12-10-69 the attorney files a request with a detailed breakdown of time and costs for each activity (form DC-AF-1) within 10 calendar days after the final decision or settlement, and parties may object within 10 calendar days of service; costs can be charged to the employer under HRS §386-93 |
| Employer or insurer pays the fee | HRS §386-93(a): if a proceeding was brought, prosecuted or defended without reasonable ground, the whole cost of the proceeding, including reasonable attorney’s fees, may be charged to that party. HRS §386-93(b): if the employer appeals and loses, appeal costs and reasonable attorney’s fees are charged to the employer; withdrawing or conceding the appeal counts as losing |
Costs Outside the Cap
costs are separate from the fee but approved on the same request; under HAR §12-10-69 the attorney files a request with a detailed breakdown of time and costs for each activity (form DC-AF-1) within 10 calendar days after the final decision or settlement, and parties may object within 10 calendar days of service; costs can be charged to the employer under HRS §386-93
What a $50,000 Settlement Nets After Workers Comp Attorney Fees Hawaii
Apply the Hawaii cap in the table to the settlement figure, then subtract costs and any medical lien; what is left is the real number. Represented workers often settle for more than unrepresented ones, which is why the fee is usually not the thing to optimize — the offer is.
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When a Lawyer Is Worth the Fee
Workers comp attorney fees Hawaii 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 Hawaii Fee Agreement
Before you sign, check four lines against the workers comp attorney fees Hawaii 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 Hawaii 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 Hawaii?
no fixed percentage cap; the Director of Labor (or the Appeals Board or court on appeal) approves a reasonable fee based on time spent, hourly rate, complexity, the attorney’s experience, fees awarded in similar cases and the benefits obtained for the worker. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in Hawaii 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 Hawaii workers comp case?
Director of Labor and Industrial Relations through the Disability Compensation Division (or the DLIR district office on the neighbor islands); the Labor and Industrial Relations Appeals Board or the court when there is an appeal
Official Hawaii Sources & Resources
- Hawaii Hawaii Department of Labor and Industrial Relations (DLIR), Disability Compensation Division; appeals go to the Labor and Industrial Relations Appeals Board (LIRAB): https://labor.hawaii.gov/dcd/
- Hawaii Workers’ Comp Statute: https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0386/HRS_0386-0094.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees Hawaii guide was last verified against official Hawaii 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.