Workers Comp Attorney Fees Maryland are set by state law, not by the lawyer: Sliding scale set by the Workers’ Compensation Commission. For a permanent partial disability award or a settlement, the fee is up to 20% of the first 50000, up to 15% of the next 50000, and up to 5% of anything above 100000.
The total fee may not exceed 60 times the State average weekly wage in effect on the date of the accident.
Other benefit types have their own limits: permanent total disability up to 25 times that weekly wage; contested temporary total or temporary partial disability up to 10% of the benefits owed by the award date (no fee if the temporary benefits were not contested); amputation or loss of vision in one eye, where only the extent of disability is disputed,
up to 5% but no more than 7.5 times that weekly wage.
A higher fee is allowed only if the Commission finds exceptional circumstances., under COMAR 14.09.04.03 (Schedule of Attorney’s Fees), under the Md. Code, Labor and Employment §9-731 approval requirement. This guide to workers comp attorney fees Maryland 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 Maryland sources as of October 2026.
Maryland at a Glance
| Fee cap | Sliding scale set by the Workers’ Compensation Commission. For a permanent partial disability award or a settlement, the fee is up to 20% of the first 50000, up to 15% of the next 50000, and up to 5% of anything above 100000. The total fee may not exceed 60 times the State average weekly wage in effect on the date of the accident. Other benefit types have their own limits: permanent total disability up to 25 times that weekly wage; contested temporary total or temporary partial disability up to 10% of the benefits owed by the award date (no fee if the temporary benefits were not contested); amputation or loss of vision in one eye, where only the extent of disability is disputed, up to 5% but no more than 7.5 times that weekly wage. A higher fee is allowed only if the Commission finds exceptional circumstances. (COMAR 14.09.04.03 (Schedule of Attorney’s Fees), under the Md. Code, Labor and Employment §9-731 approval requirement) |
| Who pays | Usually the worker, out of the compensation award. The approved fee is a lien on the award and is paid the way the Commission directs (§9-731(a)(2)-(3)). The employer or insurer reserves the approved fee from the award in escrow and sends it to the attorney (COMAR 14.09.04.02A(5)-(6)). A party that brings a proceeding without reasonable ground can be ordered to pay the other side’s attorney fees (§9-734). |
| Up-front fee | In practice the fee is contingent. The scheduled fees are figured as a share of the indemnity (wage-loss) benefits actually awarded, and no fee is approved when the worker recovers nothing unless the Commission finds exceptional circumstances (COMAR 14.09.04.03D(1)). No one may charge or collect a fee unless the Commission approves it (§9-731(a)(1)), so an up-front fee that hasn’t been approved is not allowed. |
| Judge/board approval | YES. Md. Code, Labor and Employment §9-731(a)(1) says no person may charge or collect a fee for legal services on a workers’ comp claim unless the Commission approves it. Approval is requested on the Claimant’s Consent to Pay Fees and Costs form (COMAR 14.09.04.02A), and the worker’s consent does not bind the Commission (02A(4)). — Maryland Workers’ Compensation Commission. A petition for a fee above the schedule is ordinarily heard by the Commissioner who issued the award (COMAR 14.09.04.02B(3)). |
| Costs | Costs are separate from the scheduled fee. The attorney lists any costs they advanced (backed by bills or receipts) and any medical evaluation fee on the consent form for the Commission to approve (COMAR 14.09.04.02A(2)-(3)). These are typically repaid out of the worker’s award. The Commission can also order the worker to be repaid any part of a fee it finds excessive (§9-731(c)). |
| On a $50,000 settlement | Up to $10,000 |
In This Maryland Guide:
The Cap on Workers Comp Attorney Fees Maryland Allows
Sliding scale set by the Workers’ Compensation Commission. For a permanent partial disability award or a settlement, the fee is up to 20% of the first 50000, up to 15% of the next 50000, and up to 5% of anything above 100000. The total fee may not exceed 60 times the State average weekly wage in effect on the date of the accident.
Other benefit types have their own limits: permanent total disability up to 25 times that weekly wage; contested temporary total or temporary partial disability up to 10% of the benefits owed by the award date (no fee if the temporary benefits were not contested); amputation or loss of vision in one eye, where only the extent of disability is disputed,
up to 5% but no more than 7.5 times that weekly wage.
A higher fee is allowed only if the Commission finds exceptional circumstances. The rule is at COMAR 14.09.04.03 (Schedule of Attorney’s Fees), under the Md. Code, Labor and Employment §9-731 approval requirement. (1) The current schedule applies to claims filed on or after April 3, 2023. The Commission keeps a separate older schedule for claims filed before that date.
(2) Extra fees are allowed for appeals: up to 5% of the first final award after a tried circuit court appeal, or after an appellate appeal briefed and decided on the merits, capped at 7.5 times the State average weekly wage. If the appeal is not tried or decided on the merits, the limit is 2.5%, capped at 3.75 times that weekly wage.
Only one appeal fee is allowed per court action (COMAR 14.09.04.03C(9)). (3) Dependency claims have separate limits: 6.25 times the State average weekly wage for partial dependency and 15 times for total dependency when compensability is not contested (COMAR 14.09.04.03C(6)). (4) The Commission may order the fee paid in a lump sum and lower the worker’s weekly benefit to make up for it (§9-731(b)).
(5) The employer or insurer must hold the approved fee in escrow during the 30-day appeal period (COMAR 14.09.04.02A(5)-(7)). Confirm with the Maryland Workers’ Compensation Commission and a licensed attorney.
Who Pays Workers Comp Attorney Fees Maryland
Usually the worker, out of the compensation award. The approved fee is a lien on the award and is paid the way the Commission directs (§9-731(a)(2)-(3)). The employer or insurer reserves the approved fee from the award in escrow and sends it to the attorney (COMAR 14.09.04.02A(5)-(6)). A party that brings a proceeding without reasonable ground can be ordered to pay the other side’s attorney fees (§9-734).
In practice the fee is contingent. The scheduled fees are figured as a share of the indemnity (wage-loss) benefits actually awarded, and no fee is approved when the worker recovers nothing unless the Commission finds exceptional circumstances (COMAR 14.09.04.03D(1)). No one may charge or collect a fee unless the Commission approves it (§9-731(a)(1)), so an up-front fee that hasn’t been approved is not allowed.
If the Commission finds that a party brought a proceeding without any reasonable ground, it must charge that party the whole cost of the proceeding, including reasonable attorney’s fees (Md. Code, Labor and Employment §9-734). The Commission can do this on its own initiative or at any party’s request, and the fee is payable immediately unless appealed (COMAR 14.09.04.02C).
Who Approves Workers Comp Attorney Fees Maryland
YES. Md. Code, Labor and Employment §9-731(a)(1) says no person may charge or collect a fee for legal services on a workers’ comp claim unless the Commission approves it. Approval is requested on the Claimant’s Consent to Pay Fees and Costs form (COMAR 14.09.04.02A), and the worker’s consent does not bind the Commission (02A(4)). Maryland Workers’ Compensation Commission.
A petition for a fee above the schedule is ordinarily heard by the Commissioner who issued the award (COMAR 14.09.04.02B(3)). NO. Money paid or owed for medical care and prescription drugs, money set aside for future medical costs (including Medicare set-asides), and the cost of administering a set-aside may not be counted when figuring the fee (COMAR 14.09.04.03C(1)).
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Workers Comp Attorney Fees Maryland: The Rules at a Glance
Every rule on workers comp attorney fees Maryland below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | Sliding scale set by the Workers’ Compensation Commission. For a permanent partial disability award or a settlement, the fee is up to 20% of the first 50000, up to 15% of the next 50000, and up to 5% of anything above 100000. The total fee may not exceed 60 times the State average weekly wage in effect on the date of the accident. Other benefit types have their own limits: permanent total disability up to 25 times that weekly wage; contested temporary total or temporary partial disability up to 10% of the benefits owed by the award date (no fee if the temporary benefits were not contested); amputation or loss of vision in one eye, where only the extent of disability is disputed, up to 5% but no more than 7.5 times that weekly wage. A higher fee is allowed only if the Commission finds exceptional circumstances. |
| Statute or rule | COMAR 14.09.04.03 (Schedule of Attorney’s Fees), under the Md. Code, Labor and Employment §9-731 approval requirement |
| Who pays | Usually the worker, out of the compensation award. The approved fee is a lien on the award and is paid the way the Commission directs (§9-731(a)(2)-(3)). The employer or insurer reserves the approved fee from the award in escrow and sends it to the attorney (COMAR 14.09.04.02A(5)-(6)). A party that brings a proceeding without reasonable ground can be ordered to pay the other side’s attorney fees (§9-734). |
| Contingency only | In practice the fee is contingent. The scheduled fees are figured as a share of the indemnity (wage-loss) benefits actually awarded, and no fee is approved when the worker recovers nothing unless the Commission finds exceptional circumstances (COMAR 14.09.04.03D(1)). No one may charge or collect a fee unless the Commission approves it (§9-731(a)(1)), so an up-front fee that hasn’t been approved is not allowed. |
| Approval required | YES. Md. Code, Labor and Employment §9-731(a)(1) says no person may charge or collect a fee for legal services on a workers’ comp claim unless the Commission approves it. Approval is requested on the Claimant’s Consent to Pay Fees and Costs form (COMAR 14.09.04.02A), and the worker’s consent does not bind the Commission (02A(4)). |
| Approved by | Maryland Workers’ Compensation Commission. A petition for a fee above the schedule is ordinarily heard by the Commissioner who issued the award (COMAR 14.09.04.02B(3)). |
| Litigation costs | Costs are separate from the scheduled fee. The attorney lists any costs they advanced (backed by bills or receipts) and any medical evaluation fee on the consent form for the Commission to approve (COMAR 14.09.04.02A(2)-(3)). These are typically repaid out of the worker’s award. The Commission can also order the worker to be repaid any part of a fee it finds excessive (§9-731(c)). |
| Medical-only disputes | Generally no fee. In a dispute over medical care or vocational rehabilitation where the worker gets no money award, the Commission may approve a fee only if exceptional circumstances are shown (COMAR 14.09.04.03D(2)). A §9-734 sanction fee against the other side is still possible. |
| Employer or insurer pays the fee | If the Commission finds that a party brought a proceeding without any reasonable ground, it must charge that party the whole cost of the proceeding, including reasonable attorney’s fees (Md. Code, Labor and Employment §9-734). The Commission can do this on its own initiative or at any party’s request, and the fee is payable immediately unless appealed (COMAR 14.09.04.02C). |
| Fee taken from medical benefits | NO. Money paid or owed for medical care and prescription drugs, money set aside for future medical costs (including Medicare set-asides), and the cost of administering a set-aside may not be counted when figuring the fee (COMAR 14.09.04.03C(1)). |
| Example: $50,000 settlement | Maximum fee $10,000 |
Costs Outside the Cap
Costs are separate from the scheduled fee. The attorney lists any costs they advanced (backed by bills or receipts) and any medical evaluation fee on the consent form for the Commission to approve (COMAR 14.09.04.02A(2)-(3)). These are typically repaid out of the worker’s award. The Commission can also order the worker to be repaid any part of a fee it finds excessive (§9-731(c)). Generally no fee.
In a dispute over medical care or vocational rehabilitation where the worker gets no money award, the Commission may approve a fee only if exceptional circumstances are shown (COMAR 14.09.04.03D(2)). A §9-734 sanction fee against the other side is still possible.
What a $50,000 Settlement Nets After Workers Comp Attorney Fees Maryland
On a $50,000 settlement the maximum fee under the Maryland 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 Maryland 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 Maryland Fee Agreement
Before you sign, check four lines against the workers comp attorney fees Maryland 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 Maryland 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 Maryland?
Sliding scale set by the Workers’ Compensation Commission. For a permanent partial disability award or a settlement, the fee is up to 20% of the first 50000, up to 15% of the next 50000, and up to 5% of anything above 100000. The total fee may not exceed 60 times the State average weekly wage in effect on the date of the accident.
Other benefit types have their own limits: permanent total disability up to 25 times that weekly wage; contested temporary total or temporary partial disability up to 10% of the benefits owed by the award date (no fee if the temporary benefits were not contested); amputation or loss of vision in one eye, where only the extent of disability is disputed,
up to 5% but no more than 7.5 times that weekly wage.
A higher fee is allowed only if the Commission finds exceptional circumstances.. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in Maryland 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 Maryland workers comp case?
Maryland Workers’ Compensation Commission. A petition for a fee above the schedule is ordinarily heard by the Commissioner who issued the award (COMAR 14.09.04.02B(3)).
Official Maryland Sources & Resources
- Maryland Maryland Workers’ Compensation Commission: https://www.wcc.state.md.us/
- Maryland Workers’ Comp Statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-731&enactments=false
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees Maryland guide was last verified against official Maryland 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.