Who pays attorney fees?

Workers’ compensation claims, including attorney fees, are strictly controlled by state law. If a claim is denied, a lawyer can represent the worker on a contingency fee basis that will cost the worker nothing. If the denial is overturned (that is, if the attorney is successful in getting the claim accepted) the employer (or the employer’s insurance company) will pay the attorney fee. If the denial is upheld, there is no attorney fee.

Attorneys are usually anxious to take cases they think they can win. If the worker’s doctor supports the claim, it is likely to be a good case. If the employer’s doctors present a reasonable argument that the worker’s injury is not work-related, it makes the case more risky. If the worker’s doctor is hesitant to go up against the employer’s doctors, the case is likely to fail. It is usually necessary for an attorney to obtain the complete claim file from the employer in order to evaluate the claim and determine whether it should be pursued. This is typically done with no charge to the worker.


Workers' Compensation Claims