Workers Comp Attorney Fees New Hampshire are set by state law, not by the lawyer: 20% of the retroactive indemnity benefits or permanent impairment award won at a Department of Labor hearing, paid out of the worker’s benefits; on appeal, a reasonable fee approved by the Compensation Appeals Board or the NH Supreme Court, under N.H. Admin.
Code Lab 207.01 (Department of Labor hearings); RSA 281-A:44, I (appeals to the Compensation Appeals Board or Supreme Court). This guide to workers comp attorney fees New Hampshire 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 New Hampshire sources as of October 2026.
New Hampshire at a Glance
| Fee cap | 20% of the retroactive indemnity benefits or permanent impairment award won at a Department of Labor hearing, paid out of the worker’s benefits; on appeal, a reasonable fee approved by the Compensation Appeals Board or the NH Supreme Court (N.H. Admin. Code Lab 207.01 (Department of Labor hearings); RSA 281-A:44, I (appeals to the Compensation Appeals Board or Supreme Court)) |
| Who pays | The worker pays out of the award at the first-level Department of Labor hearing; the employer or insurer pays reasonable counsel fees and costs when the worker wins on appeal or wins a disputed medical-bill issue |
| Judge/board approval | YES — Lab 207.01 (Department of Labor hearings), RSA 281-A:44, I (“as approved by the board or court”), and lump-sum settlements under RSA 281-A:37, where fees and expenses are approved on the DOL settlement approval form — The NH Labor Commissioner or Department of Labor hearing officer at the first level; the Compensation Appeals Board or NH Supreme Court on appeal |
| On a $50,000 settlement | Up to $10,000 |
In This New Hampshire Guide:
The Cap on Workers Comp Attorney Fees New Hampshire Allows
20% of the retroactive indemnity benefits or permanent impairment award won at a Department of Labor hearing, paid out of the worker’s benefits; on appeal, a reasonable fee approved by the Compensation Appeals Board or the NH Supreme Court The rule is at N.H. Admin. Code Lab 207.01 (Department of Labor hearings); RSA 281-A:44, I (appeals to the Compensation Appeals Board or Supreme Court).
Fees for work at the first-level Department of Labor hearing are generally the worker’s own responsibility, except in medical-bill disputes, so fee-shifting to the employer mostly applies on appeal. When DOL sets an hourly fee, it has routinely approved 150 to 250 per hour, depending on how complex the work was and how much the worker benefited (rate figure from search summaries; confirm the current figure). Admin rules: https://gc.nh.gov/rules/state_agencies/lab200.html.
Many claimants should confirm with NH DOL and a licensed NH attorney.
Who Pays Workers Comp Attorney Fees New Hampshire
The worker pays out of the award at the first-level Department of Labor hearing; the employer or insurer pays reasonable counsel fees and costs when the worker wins on appeal or wins a disputed medical-bill issue The fee is contingent: no recovery, no fee.
(1) The worker wins a benefit dispute appealed to the Compensation Appeals Board or Supreme Court, no matter which side appealed (RSA 281-A:44, I); (2) the worker wins a disputed medical-bill hearing, or the insurer withdraws the denial less than 7 business days before the hearing (Lab 207.01; RSA 281-A:44)
Who Approves Workers Comp Attorney Fees New Hampshire
YES — Lab 207.01 (Department of Labor hearings), RSA 281-A:44, I (“as approved by the board or court”), and lump-sum settlements under RSA 281-A:37, where fees and expenses are approved on the DOL settlement approval form The NH Labor Commissioner or Department of Labor hearing officer at the first level;
the Compensation Appeals Board or NH Supreme Court on appeal NO — the 20% comes out of retroactive indemnity or permanent impairment benefits, and the insurer pays separately for fees in medical-bill disputes (Lab 207.01)
Workers Comp Attorney Fees New Hampshire: The Rules at a Glance
Every rule on workers comp attorney fees New Hampshire below comes from the statute or the agency’s own rules, not from a law-firm page:
| Fee cap | 20% of the retroactive indemnity benefits or permanent impairment award won at a Department of Labor hearing, paid out of the worker’s benefits; on appeal, a reasonable fee approved by the Compensation Appeals Board or the NH Supreme Court |
| Statute or rule | N.H. Admin. Code Lab 207.01 (Department of Labor hearings); RSA 281-A:44, I (appeals to the Compensation Appeals Board or Supreme Court) |
| Who pays | The worker pays out of the award at the first-level Department of Labor hearing; the employer or insurer pays reasonable counsel fees and costs when the worker wins on appeal or wins a disputed medical-bill issue |
| Approval required | YES — Lab 207.01 (Department of Labor hearings), RSA 281-A:44, I (“as approved by the board or court”), and lump-sum settlements under RSA 281-A:37, where fees and expenses are approved on the DOL settlement approval form |
| Approved by | The NH Labor Commissioner or Department of Labor hearing officer at the first level; the Compensation Appeals Board or NH Supreme Court on appeal |
| Medical-only disputes | YES — if the insurer denies a medical bill as unrelated to the injury or not needed, and the commissioner orders it paid after a hearing, the worker is entitled to reasonable counsel fees and costs as approved by the commissioner (Lab 207.01; RSA 281-A:44); since 01/01/2011, the same applies if the insurer reverses its denial less than 7 business days before the scheduled hearing |
| Employer or insurer pays the fee | (1) The worker wins a benefit dispute appealed to the Compensation Appeals Board or Supreme Court, no matter which side appealed (RSA 281-A:44, I); (2) the worker wins a disputed medical-bill hearing, or the insurer withdraws the denial less than 7 business days before the hearing (Lab 207.01; RSA 281-A:44) |
| Fee taken from medical benefits | NO — the 20% comes out of retroactive indemnity or permanent impairment benefits, and the insurer pays separately for fees in medical-bill disputes (Lab 207.01) |
| Example: $50,000 settlement | Maximum fee $10,000 |
Costs Outside the Cap
Litigation costs — medical records, expert and deposition fees, filing costs — are usually separate from the capped fee in New Hampshire, and a fee agreement must say who advances them and who repays them from the award.
YES — if the insurer denies a medical bill as unrelated to the injury or not needed, and the commissioner orders it paid after a hearing, the worker is entitled to reasonable counsel fees and costs as approved by the commissioner (Lab 207.01; RSA 281-A:44); since 01/01/2011, the same applies if the insurer reverses its denial less than 7 business days before the scheduled hearing
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What a $50,000 Settlement Nets After Workers Comp Attorney Fees New Hampshire
On a $50,000 settlement the maximum fee under the New Hampshire 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 New Hampshire 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 New Hampshire Fee Agreement
Before you sign, check four lines against the workers comp attorney fees New Hampshire 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 New Hampshire 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 New Hampshire?
20% of the retroactive indemnity benefits or permanent impairment award won at a Department of Labor hearing, paid out of the worker’s benefits; on appeal, a reasonable fee approved by the Compensation Appeals Board or the NH Supreme Court. It is contingent and comes out of the award, not your pocket.
Do I pay workers comp attorney fees in New Hampshire 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 New Hampshire workers comp case?
The NH Labor Commissioner or Department of Labor hearing officer at the first level; the Compensation Appeals Board or NH Supreme Court on appeal
Official New Hampshire Sources & Resources
- New Hampshire New Hampshire Department of Labor, Workers’ Compensation Division (appeals go to the Compensation Appeals Board): https://www.dol.nh.gov/workers-compensation
- New Hampshire Workers’ Comp Statute: https://gc.nh.gov/rsa/html/XXIII/281-A/281-A-mrg.htm
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This workers comp attorney fees New Hampshire guide was last verified against official New Hampshire 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.