Cost Responsibility for a Workers Compensation Attorney
The employer's workers compensation insurance typically pays the attorney's fees, either directly or through the claim settlement; the injured worker usually does not pay out‑of‑pocket.
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How Fees Are Structured
Most attorneys work on a contingency basis, receiving a percentage of the awarded benefits once the claim is resolved. Some may charge hourly rates, but this is less common and would be disclosed before representation.
When an Employer May Be Directly Charged
If the employer is uninsured or disputes liability, a court may order the employer to cover legal costs, or the employee might be billed if they choose to pursue a separate lawsuit.
Impact of State Laws
State statutes dictate the maximum fee percentages and whether fees are deducted from the benefit amount or paid separately, so the exact source can vary by jurisdiction.