Attorneys' Fees in Workers' Comp Cases By State

Most states place limits on attorneys’ fees in workers’ compensation cases, in order to ensure that workers keep a fair share of their benefits. In many states, there is a cap on fees: For example, lawyers cannot take more than 20% of a worker’s settlement or award. In other states, there is a fee schedule, stating specific fees or percentages that a lawyer can charge, depending on the size of the award. In a minority of states, there is no cap or schedule, and attorneys are free to negotiate their own rates with workers, as long as the fee is reasonable. In most states, the attorney must get approval from the workers’ compensation agency before accepting a fee.

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