Workers Comp Attorney Fees Massachusetts are set by state law, not by the lawyer: In a lump-sum settlement the fee comes out of the settlement and may not exceed 20% of the settlement if the insurer has accepted liability or a decision has found it liable. It may not exceed 15% if the case settles before liability is accepted or decided.
In disputes the worker wins at conciliation, conference, hearing or appeal, the insurer pays a fixed fee set by statute. These fixed fees are adjusted every October 1 to follow the state average weekly wage., under M.G.L. c. 152, § 13A (lump-sum 15%/20% cap reported as § 13A(8); fixed insurer-paid fees in § 13A(1)–(6); yearly adjustment in § 13A(10)); 452 CMR 1.19.
This guide to workers comp attorney fees Massachusetts 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 Massachusetts sources as of October 2026.
Massachusetts at a Glance
| Fee cap | In a lump-sum settlement the fee comes out of the settlement and may not exceed 20% of the settlement if the insurer has accepted liability or a decision has found it liable. It may not exceed 15% if the case settles before liability is accepted or decided. In disputes the worker wins at conciliation, conference, hearing or appeal, the insurer pays a fixed fee set by statute. These fixed fees are adjusted every October 1 to follow the state average weekly wage. (M.G.L. c. 152, § 13A (lump-sum 15%/20% cap reported as § 13A(8); fixed insurer-paid fees in § 13A(1)–(6); yearly adjustment in § 13A(10)); 452 CMR 1.19) |
| Who pays | The insurer pays the fixed fee when the worker wins a contested claim; in a lump-sum settlement the fee is paid out of the worker’s settlement |
| Judge/board approval | YES. Under 452 CMR 1.19, a fee the worker’s attorney and the insurer agree on is treated as approved by the administrative judge or Reviewing Board. If they can’t agree, the judge or Board sets the fee under § 13A. Lump-sum fees are reviewed when the settlement is approved under § 48. — Department of Industrial Accidents administrative judges and the Reviewing Board, plus the DIA officer who approves the lump-sum settlement (G.L. c. 152, § 48) |
| Costs | Insurer-paid fees under § 13A are paid “plus necessary expenses”, so those costs are separate from the fixed fee and the insurer pays them. Under § 14(1), if a case was brought or defended without reasonable grounds, the judge charges the whole cost of the proceedings to the party at fault. |
| On a $50,000 settlement | Up to $10,000 |
In This Massachusetts Guide:
The Cap on Workers Comp Attorney Fees Massachusetts Allows
In a lump-sum settlement the fee comes out of the settlement and may not exceed 20% of the settlement if the insurer has accepted liability or a decision has found it liable. It may not exceed 15% if the case settles before liability is accepted or decided. In disputes the worker wins at conciliation, conference, hearing or appeal, the insurer pays a fixed fee set by statute.
These fixed fees are adjusted every October 1 to follow the state average weekly wage. The rule is at M.G.L. c. 152, § 13A (lump-sum 15%/20% cap reported as § 13A(8); fixed insurer-paid fees in § 13A(1)–(6); yearly adjustment in § 13A(10)); 452 CMR 1.19. The fixed fees are reset every October 1 to follow the state average weekly wage.
As of October 1, 2025 they were: § 13A(1) 1375.37 / 687.68; (2) 1964.82 / 982.41; (3) 982.41 / 491.21; (4) 1375.37 / 687.68; (5) 6876.85; (6) 1964.82. A claim must be sent to the insurer by certified mail with a relevant medical report attached for a § 13A fee to be owed.
Only one fee is paid per written claim under each subsection, and fees are reduced if the attorney misses a scheduled conciliation. Confirm the October 1, 2026 figures with the DIA and a licensed attorney.
Who Pays Workers Comp Attorney Fees Massachusetts
The insurer pays the fixed fee when the worker wins a contested claim; in a lump-sum settlement the fee is paid out of the worker’s settlement The fee is contingent: no recovery, no fee. Under § 13A(1)–(6) the insurer must pay the worker’s attorney when it contests or fails to pay a claim and then pays or loses at conference, hearing or Reviewing Board appeal.
Base fees in the statute include 700 when the insurer pays before a conference, 1000 when a conference order requires it to pay, and 3500 when the worker wins at hearing or the insurer gives in within 5 days of the hearing. Effective October 1, 2025 these were 1375.37, 1964.82 and 6876.85 (Circular Letter 362).
Under § 14(1), an insurer that defends without reasonable grounds pays the whole cost of the proceedings plus a penalty of at least 6 times the state average weekly wage.
Who Approves Workers Comp Attorney Fees Massachusetts
YES. Under 452 CMR 1.19, a fee the worker’s attorney and the insurer agree on is treated as approved by the administrative judge or Reviewing Board. If they can’t agree, the judge or Board sets the fee under § 13A. Lump-sum fees are reviewed when the settlement is approved under § 48.
Department of Industrial Accidents administrative judges and the Reviewing Board, plus the DIA officer who approves the lump-sum settlement (G.L. c. 152, § 48) The fee generally cannot be taken from medical benefits, only from indemnity and settlement money.
Workers Comp Attorney Fees Massachusetts: The Rules at a Glance
Every rule on workers comp attorney fees Massachusetts below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | In a lump-sum settlement the fee comes out of the settlement and may not exceed 20% of the settlement if the insurer has accepted liability or a decision has found it liable. It may not exceed 15% if the case settles before liability is accepted or decided. In disputes the worker wins at conciliation, conference, hearing or appeal, the insurer pays a fixed fee set by statute. These fixed fees are adjusted every October 1 to follow the state average weekly wage. |
| Statute or rule | M.G.L. c. 152, § 13A (lump-sum 15%/20% cap reported as § 13A(8); fixed insurer-paid fees in § 13A(1)–(6); yearly adjustment in § 13A(10)); 452 CMR 1.19 |
| Who pays | The insurer pays the fixed fee when the worker wins a contested claim; in a lump-sum settlement the fee is paid out of the worker’s settlement |
| Approval required | YES. Under 452 CMR 1.19, a fee the worker’s attorney and the insurer agree on is treated as approved by the administrative judge or Reviewing Board. If they can’t agree, the judge or Board sets the fee under § 13A. Lump-sum fees are reviewed when the settlement is approved under § 48. |
| Approved by | Department of Industrial Accidents administrative judges and the Reviewing Board, plus the DIA officer who approves the lump-sum settlement (G.L. c. 152, § 48) |
| Litigation costs | Insurer-paid fees under § 13A are paid “plus necessary expenses”, so those costs are separate from the fixed fee and the insurer pays them. Under § 14(1), if a case was brought or defended without reasonable grounds, the judge charges the whole cost of the proceedings to the party at fault. |
| Employer or insurer pays the fee | Under § 13A(1)–(6) the insurer must pay the worker’s attorney when it contests or fails to pay a claim and then pays or loses at conference, hearing or Reviewing Board appeal. Base fees in the statute include 700 when the insurer pays before a conference, 1000 when a conference order requires it to pay, and 3500 when the worker wins at hearing or the insurer gives in within 5 days of the hearing. Effective October 1, 2025 these were 1375.37, 1964.82 and 6876.85 (Circular Letter 362). Under § 14(1), an insurer that defends without reasonable grounds pays the whole cost of the proceedings plus a penalty of at least 6 times the state average weekly wage. |
| Example: $50,000 settlement | Maximum fee $10,000 |
Costs Outside the Cap
Insurer-paid fees under § 13A are paid “plus necessary expenses”, so those costs are separate from the fixed fee and the insurer pays them. Under § 14(1), if a case was brought or defended without reasonable grounds, the judge charges the whole cost of the proceedings to the party at fault.
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What a $50,000 Settlement Nets After Workers Comp Attorney Fees Massachusetts
On a $50,000 settlement the maximum fee under the Massachusetts 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 Massachusetts 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 Massachusetts Fee Agreement
Before you sign, check four lines against the workers comp attorney fees Massachusetts 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 Massachusetts 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 Massachusetts?
In a lump-sum settlement the fee comes out of the settlement and may not exceed 20% of the settlement if the insurer has accepted liability or a decision has found it liable. It may not exceed 15% if the case settles before liability is accepted or decided. In disputes the worker wins at conciliation, conference, hearing or appeal, the insurer pays a fixed fee set by statute.
These fixed fees are adjusted every October 1 to follow the state average weekly wage.. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in Massachusetts 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 Massachusetts workers comp case?
Department of Industrial Accidents administrative judges and the Reviewing Board, plus the DIA officer who approves the lump-sum settlement (G.L. c. 152, § 48)
Official Massachusetts Sources & Resources
- Massachusetts Massachusetts Department of Industrial Accidents (DIA): https://www.mass.gov/orgs/department-of-industrial-accidents
- Massachusetts Workers’ Comp Statute: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter152/Section13A
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees Massachusetts guide was last verified against official Massachusetts 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.