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Do I need a workers' comp lawyer, and what can one charge?
Short answer
Most claims are paid without one, but a lawyer helps when a claim is denied, benefits stop, a settlement is offered or you were punished for reporting. You pay no upfront bill: the fee is a share of your benefits that state law caps or an agency approves, from 15% in New York to 30% in Maine and Washington.
Calculator
What can a workers' comp lawyer charge you?
1. Which state?
2. Which benefits?
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
Key points
- The fee
- A share of the benefits, capped or set by state law: 15% in New York, 20% in New Jersey, Minnesota and D.C., 25% in Texas, Georgia and Kansas, up to 30% in Maine and Washington.
- Approval
- In many states no fee can be paid unless the agency or a judge approves it: California, Florida, Maryland, Virginia, South Carolina and New York among them.
- Deadlines
- Tell your employer within 30 days in California, Texas, New York, Florida and Georgia. The claim itself has its own limit: 1 year in Texas, Georgia and Washington, 2 years in New York, Florida and New Jersey.
- Settling
- If you are on Medicare and the settlement is over $25,000, CMS will review a proposed Medicare set-aside; the money for future care must be used up before Medicare pays.
A workers' comp lawyer is paid from your benefits, not by the hour, and the state decides how much. This page puts that rule in a calculator for 15 states, the claim deadlines in another, settlements and Medicare set-asides in plain words, and the official place to check a lawyer's license in all 50 states and D.C.
For how a claim works from the first report, see Hurt at work? How to get workers' comp, and for weekly pay, How much does workers' comp pay?. Nothing here ranks or recommends a lawyer or a firm.
Do I need a workers' comp lawyer?
Most claims are accepted and paid without a dispute, New York's Workers' Compensation Board says. People commonly hire a workers' comp lawyer when:
- the claim is denied, or benefits are cut or stop;
- the insurer says work did not cause the injury or illness;
- a doctor finds a permanent impairment, which changes what you are owed;
- a settlement is offered, especially one that closes future medical care;
- you were fired or punished for reporting the injury;
- you also have a claim against someone else who caused the injury, such as the maker of a defective machine: Washington's guide calls that a third party, whom you can sue even though you cannot sue your employer.
Free help first. California's Information and Assistance officers (1-800-736-7401), Texas's Office of Injured Employee Counsel (1-866-393-6432) and New York's Advocate for Injured Workers help injured workers at no charge; in California and Texas these offices do not represent you as a lawyer would. Most California applicants' attorneys give one free consultation, the Division of Workers' Compensation says. DWC · OIEC · NY Board
What a workers' comp lawyer can charge, state by state
The fee is a share of the benefits the lawyer secures, and the state sets or caps it. In many states no fee can be paid until the agency or a judge approves it, and the lawyer cannot bill you directly. Each row was read from the state's statute or its agency on November 1, 2026:
| State | What a lawyer can charge | Who approves the fee | Law |
|---|---|---|---|
| California | usually 9% to 15% of the permanent disability settlement or award; a workers' compensation judge must approve the fee | a workers' compensation judge | California DWC guidebook |
| District of Columbia | no fee may be approved above 20% of the benefit secured, including settlements | the agency, which approves every fee | D.C. Code § 32-1530(f) |
| Florida | a sliding schedule: 20% of the first $5,000, 15% of the next $5,000, 10% of the rest for the first 10 years, 5% after that | a judge of compensation claims | Fla. Stat. § 440.34 |
| Georgia | no fee above 25% of the award of weekly benefits or the settlement | the State Board of Workers' Compensation, for a fee above $100 | Georgia State Board of Workers' Compensation |
| Kansas | 25% of the compensation recovered and paid, or a reasonable amount, whichever is less | the director or a court | K.S.A. 44-536(a) |
| Maine | up to 30% of the benefits accrued in a case tried to completion; a lower scale for settlements, starting at 10% of the first $50,000 | the Workers' Compensation Board | 39-A M.R.S. § 325 |
| Maryland | no fee unless the Commission approves it | the Workers' Compensation Commission | Md. Code, Lab. & Empl. § 9-731 |
| Minnesota | 20 percent of the first $275,000 of compensation awarded, so at most $55,000, without further approval | none needed within the limit | Minn. Stat. § 176.081, subd. 1 |
| Missouri | a reasonable fee, regulated by the division or the commission | the Division or the Commission | RSMo § 287.260 |
| New Jersey | a reasonable counsel fee, usually limited to 20% of the award | a judge of compensation, only if an award is made | N.J.S.A. 34:15-64 · New Jersey Division of Workers' Compensation |
| New York | set by law: 15% of a schedule loss of use award or a Section 32 settlement, or of an increase in temporary benefits | the Workers' Compensation Board | N.Y. Workers' Comp. Law §§ 24(2)(b), 24(2)(c), 24(2)(f) |
| South Carolina | subject to the approval of the commission | the Workers' Compensation Commission | S.C. Code § 42-15-90(A) |
| Texas | no more than 25% of the recovery, paid from it | the commissioner of the Division of Workers' Compensation or a court | Tex. Lab. Code §§ 408.221(a), 408.221(b), 408.221(i) |
| Virginia | subject to the approval and award of the Commission | the Workers' Compensation Commission | Va. Code § 65.2-714 |
| Washington | up to 30% of an increased benefit won by a protest; 15% of a structured settlement | the Department of Labor and Industries or the Board, on request | Washington L&I benefits guide |
States not in the table were not checked for this page. The U.S. Department of Labor keeps a list of state workers' compensation agencies, and each one can tell you its fee rule.
New York's other amounts. When weekly benefits continue, the law allows one-third of one week's compensation, and a fee is not enforceable unless the Board approves it. N.Y. Workers' Comp. Law § 24(2)(a)
State map · 15 of 51 with a value
What a workers' comp lawyer can charge, state by state
- Up to 15%1
- Up to 20%3
- Up to 25%3
- Up to 30%2
- Approved case by case or by a schedule6
- Not checked36
See the table 51 rows
| State | Fee rule | The rule | Law |
|---|---|---|---|
| Alabama | Not checked | ||
| Alaska | Not checked | ||
| Arizona | Not checked | ||
| Arkansas | Not checked | ||
| California | Approved case by case or by a schedule | Usually 9% to 15%, approved by a judge | California DWC guidebook |
| Colorado | Not checked | ||
| Connecticut | Not checked | ||
| Delaware | Not checked | ||
| District of Columbia | Up to 20% | At most 20% of the benefit secured | D.C. Code § 32-1530(f) |
| Florida | Approved case by case or by a schedule | A sliding schedule set by statute | Fla. Stat. § 440.34 |
| Georgia | Up to 25% | At most 25% of the award or settlement | Georgia State Board of Workers' Compensation |
| Hawaii | Not checked | ||
| Idaho | Not checked | ||
| Illinois | Not checked | ||
| Indiana | Not checked | ||
| Iowa | Not checked | ||
| Kansas | Up to 25% | At most 25%, or a reasonable amount if less | K.S.A. 44-536(a) |
| Kentucky | Not checked | ||
| Louisiana | Not checked | ||
| Maine | Up to 30% | Up to 30% after a full trial; a lower scale for settlements | 39-A M.R.S. § 325 |
| Maryland | Approved case by case or by a schedule | Only a fee the Commission approves | Md. Code, Lab. & Empl. § 9-731 |
| Massachusetts | Not checked | ||
| Michigan | Not checked | ||
| Minnesota | Up to 20% | 20% of the first $275,000 (at most $55,000) | Minn. Stat. § 176.081, subd. 1 |
| Mississippi | Not checked | ||
| Missouri | Approved case by case or by a schedule | A reasonable fee, regulated by the agency | RSMo § 287.260 |
| Montana | Not checked | ||
| Nebraska | Not checked | ||
| Nevada | Not checked | ||
| New Hampshire | Not checked | ||
| New Jersey | Up to 20% | Usually limited to 20% of the award | N.J.S.A. 34:15-64 · New Jersey Division of Workers' Compensation |
| New Mexico | Not checked | ||
| New York | Up to 15% | Set by law at 15% of most awards | N.Y. Workers' Comp. Law §§ 24(2)(b), 24(2)(c), 24(2)(f) |
| North Carolina | Not checked | ||
| North Dakota | Not checked | ||
| Ohio | Not checked | ||
| Oklahoma | Not checked | ||
| Oregon | Not checked | ||
| Pennsylvania | Not checked | ||
| Rhode Island | Not checked | ||
| South Carolina | Approved case by case or by a schedule | Only a fee the Commission approves | S.C. Code § 42-15-90(A) |
| South Dakota | Not checked | ||
| Tennessee | Not checked | ||
| Texas | Up to 25% | At most 25% of the recovery | Tex. Lab. Code §§ 408.221(a), 408.221(b), 408.221(i) |
| Utah | Not checked | ||
| Vermont | Not checked | ||
| Virginia | Approved case by case or by a schedule | Only a fee the Commission approves | Va. Code § 65.2-714 |
| Washington | Up to 30% | Up to 30% of an increase won by a protest | Washington L&I benefits guide |
| West Virginia | Not checked | ||
| Wisconsin | Not checked | ||
| Wyoming | Not checked |
Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.
Florida's fee schedule, with a worked example
No fee may be paid in Florida unless a judge of compensation claims approves it. The statute's schedule for the fee on benefits secured is 20% of the first $5,000, 15% of the next $5,000, 10% of the rest secured for the first 10 years after the claim is filed, and 5% of benefits secured after that. Future medical benefits more than 5 years after the claim is filed do not count. Fla. Stat. § 440.34
On $20,000 secured in the first years, that is $1,000 + $750 + $1,000 = $2,750. The calculator above does not run Florida's steps; use this example and the statute.
Settlements: lump sums, structured settlements and Medicare set-asides
A settlement trades future benefits for money now, so read what it closes.
- A lump sum can end the insurer's medical payments. In California you do not have to accept the claims administrator's offer, and a workers' compensation judge must review any settlement. If a lump sum includes future medical care, the insurer stops paying your doctor and that care becomes your responsibility.California DWC
- New York: a Section 32 settlement. The lawyer's fee is 15% of a Section 32 settlement, and money for future medical care is not counted.N.Y. Workers' Comp. Law § 24(2)(f)
- Washington: a structured settlement. It resolves all future benefits except medical, usually closes the claim and pays a set amount in a series of payments. The worker must be 50 or older and wait at least 180 days, all parties must agree, and the Board of Industrial Insurance Appeals must approve it. The lawyer's fee is limited to 15% of the settlement.Washington L&I benefits guide
- Medicare set-aside (WCMSA). A set-aside puts part of a settlement aside for future medical care related to the injury, and those funds must be used up before Medicare pays for that care. All parties have responsibilities under the Medicare Secondary Payer laws to protect Medicare's interests.CMS: WCMSA
When CMS reviews a proposed set-aside. CMS will review one when you are a Medicare beneficiary and the total settlement is more than $25,000, or when you reasonably expect Medicare within 30 months of the settlement and the total for future medical expenses and disability or lost wages is more than $250,000. Review is voluntary: there are no statutory or regulatory provisions requiring that you submit a proposal. CMS calls these workload thresholds, not a "safe harbor", and Medicare's interests must still be considered in every case. CMS WCMSA Reference Guide, version 4.5
Quick guide
Will CMS review a Medicare set-aside in your settlement?
1. Are you on Medicare now?
Is the total settlement more than $25,000?
Do you expect Medicare within 30 months, with a settlement over $250,000 for future medical and lost wages?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
The deadlines that can sink a claim
Two clocks run after a work injury: one to tell your employer and one to file the claim with the state. The calculator below counts both; these are the general rules:
| State | Tell your employer | File the claim | Law |
|---|---|---|---|
| California | within 30 days, in writing | generally 1 year to take the claim to a judge | Cal. Lab. Code §§ 5400, 5405 |
| Texas | within 30 days | DWC Form-041 within 1 year | Tex. Lab. Code §§ 409.001, 409.003 |
| New York | within 30 days, in writing | Form C-3 within 2 years | N.Y. Workers' Compensation Board |
| Florida | within 30 days | a petition for benefits within 2 years | Fla. Stat. §§ 440.185(1), 440.19 |
| Georgia | within 30 days | Form WC-14 within 1 year of the accident | Georgia State Board of Workers' Compensation |
| New Jersey | Not checked for this page | a formal claim petition within 2 years of the injury or the last payment, whichever is later | New Jersey Division of Workers' Compensation |
| Washington | Not checked for this page | 1 year for an injury; 2 years for an occupational disease after a written notice from a provider | Washington L&I benefits guide |
| Federal employees | written notice within 30 days protects a late claim | a FECA claim within 3 years | Federal Employees' Compensation Act |
For an asbestos disease, the federal FECA and Longshore Act clocks are calculated on Do I need a mesothelioma lawyer?.
Calculator
When must you report a work injury and file the claim?
1. Where do you work?
2. What do you need to do?
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
Check a lawyer's license in your state before you hire
Check the license before you sign a fee agreement. A fee approved by the agency is still paid to a licensed lawyer: use the official search of the state where the claim is filed.
Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing
| State | Where to check a lawyer's license | Run by |
|---|---|---|
| Alabama | Alabama State Bar member search (alabar.org) | A state bar |
| Alaska | Alaska Bar Association member directory (alaskabar.org) | A state bar |
| Arizona | State Bar of Arizona lawyer search (azbar.org) | A state bar |
| Arkansas | Arkansas Judiciary attorney search | A court or court agency |
| California | State Bar of California attorney search | A state bar |
| Colorado | Colorado Supreme Court attorney search (coloradosupremecourt.com) | A court or court agency |
| Connecticut | Connecticut Judicial Branch attorney and firm inquiry | A court or court agency |
| Delaware | Delaware public attorney search, at the address the ABA lists | Another official site |
| District of Columbia | D.C. Bar member directory (dcbar.org) | A state bar |
| Florida | The Florida Bar member search | A state bar |
| Georgia | State Bar of Georgia member search (gabar.org) | A state bar |
| Hawaii | Hawaii State Bar Association lawyer search (hsba.org) | A state bar |
| Idaho | Idaho State Bar attorney roster | A state bar |
| Illinois | Illinois Attorney Registration and Disciplinary Commission (iardc.org) | A court or court agency |
| Indiana | Indiana Roll of Attorneys | A court or court agency |
| Iowa | Iowa court commissions lawyer search (iacourtcommissions.org) | A court or court agency |
| Kansas | Kansas courts attorney registration directory (kscourts.org) | A court or court agency |
| Kentucky | Kentucky Bar Association member search (kybar.org) | A state bar |
| Louisiana | Louisiana Attorney Disciplinary Board search (ladb.org) | A court or court agency |
| Maine | Maine attorney directory | Another official site |
| Maryland | Maryland Courts attorney search | A court or court agency |
| Massachusetts | Massachusetts Board of Bar Overseers attorney lookup (massbbo.org) | A court or court agency |
| Michigan | State Bar of Michigan member directory (michbar.org) | A state bar |
| Minnesota | Minnesota Lawyer Registration Office public search | A court or court agency |
| Mississippi | The Mississippi Bar lawyer directory (msbar.org) | A state bar |
| Missouri | The Missouri Bar lawyer directory (mobar.org) | A state bar |
| Montana | State Bar of Montana member search (montanabar.org) | A state bar |
| Nebraska | Nebraska lawyer search | Another official site |
| Nevada | State Bar of Nevada lawyer search (nvbar.org) | A state bar |
| New Hampshire | Call the New Hampshire Bar Association at 603-224-6942 | By phone |
| New Jersey | New Jersey Courts attorney search (njcourts.gov) | A court or court agency |
| New Mexico | State Bar of New Mexico (sbnm.org) | A state bar |
| New York | New York State Unified Court System attorney search | A court or court agency |
| North Carolina | North Carolina State Bar license verification | A state bar |
| North Dakota | North Dakota Courts lawyer search | A court or court agency |
| Ohio | Supreme Court of Ohio attorney search | A court or court agency |
| Oklahoma | Oklahoma Bar Association member search (okbar.org) | A state bar |
| Oregon | Oregon State Bar member search (osbar.org) | A state bar |
| Pennsylvania | Disciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org) | A court or court agency |
| Rhode Island | Rhode Island Bar Association member directory (ribar.com) | A state bar |
| South Carolina | South Carolina Judicial Branch attorney search (sccourts.org) | A court or court agency |
| South Dakota | Call the State Bar of South Dakota at 605-224-7554 | By phone |
| Tennessee | Board of Professional Responsibility online attorney directory (tbpr.org) | A court or court agency |
| Texas | State Bar of Texas Find a Lawyer | A state bar |
| Utah | Utah State Bar member directory (utahbar.org) | A state bar |
| Vermont | Vermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org) | A court or court agency |
| Virginia | Virginia State Bar attorney search (vsb.org) | A state bar |
| Washington | Washington State Bar Association lawyer directory (wsba.org) | A state bar |
| West Virginia | West Virginia State Bar member search (wvbar.org) | A state bar |
| Wisconsin | State Bar of Wisconsin lawyer search (wisbar.org) | A state bar |
| Wyoming | Wyoming State Bar membership directory (wyomingbar.org) | A state bar |
- Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
- Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
- A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
- A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.
State map · 51 of 51 with a value
Check a lawyer's license: who runs the official search in your state
- A state bar27
- A court or court agency19
- Another official site3
- By phone2
See the table 51 rows
| State | Who runs the search | The rule | Law |
|---|---|---|---|
| Alabama | A state bar | Alabama State Bar member search (alabar.org) | ABA: Lawyer Licensing |
| Alaska | A state bar | Alaska Bar Association member directory (alaskabar.org) | ABA: Lawyer Licensing |
| Arizona | A state bar | State Bar of Arizona lawyer search (azbar.org) | ABA: Lawyer Licensing |
| Arkansas | A court or court agency | Arkansas Judiciary attorney search (arkansas.gov) | ABA: Lawyer Licensing |
| California | A state bar | State Bar of California attorney search (calbar.ca.gov) | ABA: Lawyer Licensing |
| Colorado | A court or court agency | Colorado Supreme Court attorney search (coloradosupremecourt.com) | ABA: Lawyer Licensing |
| Connecticut | A court or court agency | Connecticut Judicial Branch attorney and firm inquiry (jud.ct.gov) | ABA: Lawyer Licensing |
| Delaware | Another official site | Delaware public attorney search, at the address the ABA lists | ABA: Lawyer Licensing |
| District of Columbia | A state bar | D.C. Bar member directory (dcbar.org) | ABA: Lawyer Licensing |
| Florida | A state bar | The Florida Bar member search (floridabar.org) | ABA: Lawyer Licensing |
| Georgia | A state bar | State Bar of Georgia member search (gabar.org) | ABA: Lawyer Licensing |
| Hawaii | A state bar | Hawaii State Bar Association lawyer search (hsba.org) | ABA: Lawyer Licensing |
| Idaho | A state bar | Idaho State Bar attorney roster (isb.idaho.gov) | ABA: Lawyer Licensing |
| Illinois | A court or court agency | Illinois Attorney Registration and Disciplinary Commission (iardc.org) | ABA: Lawyer Licensing |
| Indiana | A court or court agency | Indiana Roll of Attorneys (in.gov) | ABA: Lawyer Licensing |
| Iowa | A court or court agency | Iowa court commissions lawyer search (iacourtcommissions.org) | ABA: Lawyer Licensing |
| Kansas | A court or court agency | Kansas courts attorney registration directory (kscourts.org) | ABA: Lawyer Licensing |
| Kentucky | A state bar | Kentucky Bar Association member search (kybar.org) | ABA: Lawyer Licensing |
| Louisiana | A court or court agency | Louisiana Attorney Disciplinary Board search (ladb.org) | ABA: Lawyer Licensing |
| Maine | Another official site | Maine attorney directory (maine.gov) | ABA: Lawyer Licensing |
| Maryland | A court or court agency | Maryland Courts attorney search (mdcourts.gov) | ABA: Lawyer Licensing |
| Massachusetts | A court or court agency | Massachusetts Board of Bar Overseers attorney lookup (massbbo.org) | ABA: Lawyer Licensing |
| Michigan | A state bar | State Bar of Michigan member directory (michbar.org) | ABA: Lawyer Licensing |
| Minnesota | A court or court agency | Minnesota Lawyer Registration Office public search (lro.mn.gov) | ABA: Lawyer Licensing |
| Mississippi | A state bar | The Mississippi Bar lawyer directory (msbar.org) | ABA: Lawyer Licensing |
| Missouri | A state bar | The Missouri Bar lawyer directory (mobar.org) | ABA: Lawyer Licensing |
| Montana | A state bar | State Bar of Montana member search (montanabar.org) | ABA: Lawyer Licensing |
| Nebraska | Another official site | Nebraska lawyer search (ne.gov) | ABA: Lawyer Licensing |
| Nevada | A state bar | State Bar of Nevada lawyer search (nvbar.org) | ABA: Lawyer Licensing |
| New Hampshire | By phone | Call the New Hampshire Bar Association at 603-224-6942 | ABA: Lawyer Licensing |
| New Jersey | A court or court agency | New Jersey Courts attorney search (njcourts.gov) | ABA: Lawyer Licensing |
| New Mexico | A state bar | State Bar of New Mexico (sbnm.org) | ABA: Lawyer Licensing |
| New York | A court or court agency | New York State Unified Court System attorney search (courts.state.ny.us) | ABA: Lawyer Licensing |
| North Carolina | A state bar | North Carolina State Bar license verification (ncbar.gov) | ABA: Lawyer Licensing |
| North Dakota | A court or court agency | North Dakota Courts lawyer search (ndcourts.gov) | ABA: Lawyer Licensing |
| Ohio | A court or court agency | Supreme Court of Ohio attorney search (supremecourt.ohio.gov) | ABA: Lawyer Licensing |
| Oklahoma | A state bar | Oklahoma Bar Association member search (okbar.org) | ABA: Lawyer Licensing |
| Oregon | A state bar | Oregon State Bar member search (osbar.org) | ABA: Lawyer Licensing |
| Pennsylvania | A court or court agency | Disciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org) | ABA: Lawyer Licensing |
| Rhode Island | A state bar | Rhode Island Bar Association member directory (ribar.com) | ABA: Lawyer Licensing |
| South Carolina | A court or court agency | South Carolina Judicial Branch attorney search (sccourts.org) | ABA: Lawyer Licensing |
| South Dakota | By phone | Call the State Bar of South Dakota at 605-224-7554 | ABA: Lawyer Licensing |
| Tennessee | A court or court agency | Board of Professional Responsibility online attorney directory (tbpr.org) | ABA: Lawyer Licensing |
| Texas | A state bar | State Bar of Texas Find a Lawyer (texasbar.com) | ABA: Lawyer Licensing |
| Utah | A state bar | Utah State Bar member directory (utahbar.org) | ABA: Lawyer Licensing |
| Vermont | A court or court agency | Vermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org) | ABA: Lawyer Licensing |
| Virginia | A state bar | Virginia State Bar attorney search (vsb.org) | ABA: Lawyer Licensing |
| Washington | A state bar | Washington State Bar Association lawyer directory (wsba.org) | ABA: Lawyer Licensing |
| West Virginia | A state bar | West Virginia State Bar member search (wvbar.org) | ABA: Lawyer Licensing |
| Wisconsin | A state bar | State Bar of Wisconsin lawyer search (wisbar.org) | ABA: Lawyer Licensing |
| Wyoming | A state bar | Wyoming State Bar membership directory (wyomingbar.org) | ABA: Lawyer Licensing |
Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.
Your first consultation: what to bring and what to ask
- The claim number and every letter from the insurer or the agency. Including any denial and any settlement offer.
- Your medical records and work restrictions. And the name of every doctor you have seen for the injury.
- Proof of your pay. Pay stubs from every job you had when you were hurt; they set the weekly benefit.
- The dates. The injury, when you told your employer, and when you filed the claim.
- Your questions about the fee. What percentage, of which benefits, who pays costs such as medical reports, and when the agency or judge approves the fee.
Checklist
Ready for the first meeting with a workers' comp lawyer?
Tick each point as you get it ready.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Common questions about workers' comp lawyers
Do I need a workers' comp lawyer?
Not always: most claims are accepted and paid without a dispute, New York's Board says. People commonly hire one when a claim is denied, benefits stop, a doctor finds a permanent impairment, a settlement is offered, or they were punished for reporting the injury.
How much does a workers' comp lawyer cost?
A share of your benefits, set or capped by state law: 15% of most awards in New York, 20% in New Jersey, Minnesota and D.C., up to 25% in Texas, Georgia and Kansas, and usually 9% to 15% in California, where a judge approves it.
How do workers' comp attorneys get paid in New York?
The Board must approve the fee, and the law sets it: 15% of a schedule loss of use award above what the carrier already paid, 15% of a Section 32 settlement not counting future medical care, and 15% of an increase in temporary benefits.
What percentage do workers' comp lawyers take?
It depends on the state: the caps on this page run from 15% in New York to 30% in Maine (a case tried to completion) and Washington (an increase won by a protest). Florida uses a sliding schedule starting at 20% of the first $5,000.
How much would I get from a $100,000 settlement?
Before other costs: with a 25% cap, as in Texas, the fee could be up to $25,000; with New York's 15% on a Section 32 settlement, $15,000. The agency or judge approves the actual fee, and money set aside for future medical care may be handled differently.
Do I have to pay workers' comp back if I get a settlement?
Read what the settlement closes. In California, if a lump sum includes future medical care, the insurer stops paying your doctor and that care becomes your responsibility, and a Medicare set-aside must be used up before Medicare pays for injury-related care. Ask the lawyer or the agency about any repayment before you sign.
What is a Medicare set-aside?
Part of a workers' comp settlement set aside for future medical care related to the injury; it must be used up before Medicare pays for that care. CMS reviews a proposal when a Medicare beneficiary's settlement is over $25,000, or over $250,000 when Medicare is expected within 30 months.
Can I get a free workers' comp lawyer?
Most workers' comp lawyers charge nothing upfront, because the fee comes from the benefits, and state offices such as California's Information and Assistance officers and Texas's Office of Injured Employee Counsel help for free.
How do I check a workers' comp lawyer's license?
Use the official search of the state where the claim is filed. The American Bar Association lists the agency in every state; the table on this page has each one.
Official sources
- California Division of Workers' Compensation guidebook: Questions and answers about attorneys (fees usually 9 to 15 percent) dir.ca.gov
- California Division of Workers' Compensation: I was injured at work dir.ca.gov
- California Division of Workers' Compensation: How my case is resolved (settlements) dir.ca.gov
- California Division of Workers' Compensation: Information and Assistance dir.ca.gov
- California Labor Code § 5400: written notice within 30 days leginfo.legislature.ca.gov
- California Labor Code § 5405: one-year time limit leginfo.legislature.ca.gov
- Texas Labor Code ch. 408: § 408.221, attorney's fees paid to the claimant's attorney legis.texas.gov
- Texas Labor Code, Chapter 409: compensation procedures (§§ 409.001, 409.003) statutes.capitol.texas.gov
- Texas Department of Insurance, Division of Workers' Compensation: Injured employees tdi.texas.gov
- Office of Injured Employee Counsel: Ombudsman services oiec.texas.gov
- New York Workers' Compensation Law § 24: attorney fees approved by the Board nysenate.gov
- New York Workers' Compensation Board: File a workers' compensation claim wcb.ny.gov
- New York Workers' Compensation Board: Understanding the claims process wcb.ny.gov
- New York Workers' Compensation Board: Finding legal representation wcb.ny.gov
- Florida Statutes § 440.34 (2026): attorney's fees flsenate.gov
- Florida Statutes § 440.185 (2026): notice of injury flsenate.gov
- Florida Statutes § 440.19 (2026): time limits for petitions for benefits flsenate.gov
- Georgia State Board of Workers' Compensation: Workers' compensation law FAQs (the 25% limit, 30 days, one year) sbwc.georgia.gov
- New Jersey Division of Workers' Compensation: Navigating disputes (fees, the two-year limit) nj.gov
- New Jersey Division of Workers' Compensation: Legal information (N.J.S.A. 34:15-64 counsel fees) nj.gov
- Washington Department of Labor & Industries: A guide to workers' compensation benefits (F207-085-000) lni.wa.gov
- Kansas Statutes 44-536: attorney fees ksrevisor.gov
- Minnesota Statutes § 176.081: attorney fees revisor.mn.gov
- D.C. Code § 32-1530: attorney fees code.dccouncil.gov
- Maine Revised Statutes, Title 39-A § 325: attorney fees legislature.maine.gov
- Maryland Labor and Employment Article § 9-731: fees approved by the Commission mgaleg.maryland.gov
- Code of Virginia § 65.2-714: fees of attorneys law.lis.virginia.gov
- South Carolina Code, Title 42, Chapter 15 (§ 42-15-90: fees approved by the commission) scstatehouse.gov
- Missouri Revised Statutes § 287.260: attorney fees regulated revisor.mo.gov
- CMS: Workers' Compensation Medicare Set Aside Arrangements cms.gov
- CMS: WCMSA Reference Guide, version 4.5 (April 13, 2026): review thresholds cms.gov
- U.S. Department of Labor: State workers' compensation officials dol.gov
- U.S. Department of Labor, OWCP: How to file a FECA claim dol.gov
- ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
- American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
- Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
- California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
- Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
- Florida: The Florida Bar member search, as the ABA lists it floridabar.org
- Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
- Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
- Maine: Maine attorney directory, as the ABA lists it maine.gov
- Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
- Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
- Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
- New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
- North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
- North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
- Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
- Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com
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This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.