How Much Does a Workers' Comp Lawyer Cost in California?

The short answer

How the fee works

California does not let workers' comp lawyers set their own pay. Under Labor Code section 4906, a lawyer cannot collect a fee until the Workers' Compensation Appeals Board approves it. The judge looks at how much work the case needed, how hard it was, and the result. The judge can award less than the lawyer asked for.

The fee is taken from the money you receive, usually your permanent disability award or your settlement. It is paid straight to the lawyer when the case is resolved, so you never write a check.

What it looks like in dollars

Here is how a 15% to 18% fee request plays out on a few amounts. These are examples only. The judge sets the actual fee in every case.

Other deductions can apply. A common one is a lien from EDD for disability payments you received while the insurer was denying your claim. We go over every deduction with you before you sign a settlement.

What the fee comes out of, and what it does not

• Permanent disability awards. Yes. This is where the fee usually comes from.
• Settlements. Yes. With a Compromise and Release, the fee is figured on the settlement amount, and that amount can include money for future medical care.
• Temporary disability checks. Not usually. A judge can allow a fee on temporary disability the lawyer had to fight to get paid.
• Medical treatment the insurer pays for. No. The fee does not come out of your doctor visits, surgery or therapy.

Costs you do not pay

Several costs in a workers' comp case are paid by the other side:

• Your lawyer's fee for your deposition is paid by the insurer (Labor Code 5710).
• Exams by a Qualified Medical Evaluator (QME) and other medical-legal reports are paid by the employer or insurer (Labor Code 4620 and following).
• Treatment for your injury is covered with no copays (Labor Code 4600).

Because the fee is a percentage set by the judge, there is no hourly billing for calls, letters or questions during your case.

How the rules protect you

• At your first meeting, the lawyer must give you a written fee disclosure. Take the time to read it, and ask about anything that is unclear.
• You can change lawyers at any time. If you do, the judge divides one fee between the lawyers based on the work each one did. You do not pay two fees.
• If you would rather handle the claim on your own, the state's Information and Assistance officers answer questions for free. They cannot represent you or negotiate with the insurer for you.

When a lawyer is worth the fee

A lawyer usually makes the biggest difference when:

• your claim was denied or the insurer is delaying,
• you disagree with a doctor's disability rating,
• the insurer wants to settle before your treatment is finished,
• you cannot go back to your old job,
• the insurer says part of your disability comes from an older injury or a condition like arthritis.

Even on an accepted claim that seems simple, a free consultation is worth it. We check that your weekly pay rate was figured correctly and that your rating covers every injured body part.

Questions to ask any lawyer before you hire

• What fee will you ask the judge for, and why?
• Who will handle my case day to day?
• Are you a Certified Specialist in Workers' Compensation Law?
• How often will I hear from you?
• Besides the fee, what could come out of my settlement?

How much does workers' comp pay in California?