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Workers' compensation laws vary dramatically by state. Find an attorney who specializes in your state's specific rules.
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Most workers' comp attorneys work on contingency — you pay nothing unless they win your case.
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Workers' comp cases vary widely. Find attorneys who specialize in your specific type of claim.
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Workers' Comp Legal Guides
Know your rights before you file. Our free guides cover everything from how to file a claim to what to do when it's denied.
Common Questions
Workers' Compensation FAQ
Most workers' compensation attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case. Standard contingency fees range from 10% to 20% of your settlement or award. Many states cap attorney fees in workers' comp cases (California caps at 15%, for example). You should never pay upfront for a workers' comp attorney consultation — all reputable attorneys offer free initial consultations.
While you're not required to have an attorney, studies consistently show that injured workers with legal representation receive 3x higher settlements than those without. An attorney is especially important if your claim has been denied, your employer is disputing your injury, you suffered a serious or permanent injury, or you're facing employer retaliation. For minor injuries with clear liability, you may handle the claim yourself — but a free consultation can help you evaluate your specific situation.
A denial is not the end of your case — it's actually quite common. You have the right to appeal a denied workers' comp claim. The appeals process varies by state but typically involves requesting a hearing before a workers' compensation judge or commissioner. Most denied claims that are appealed with proper legal representation are ultimately successful. Time limits for appeals are strict, so you should consult an attorney immediately after receiving a denial notice.
It is illegal for an employer to fire, demote, harass, or otherwise retaliate against an employee for filing a workers' compensation claim. This is called "workers' comp retaliation" and is prohibited in all 50 states. If you believe you were retaliated against, you may have both a workers' comp claim and a separate retaliation lawsuit against your employer. Document everything — timing, communications, any changes in your employment status after filing.
Workers' compensation filing deadlines (statutes of limitations) vary significantly by state, ranging from 1 to 3 years in most states. However, you typically must report your injury to your employer within days to weeks of the incident — often within 30 days. For occupational diseases, the clock usually starts from when you knew or should have known the condition was work-related. Missing these deadlines can permanently bar your claim, so consult an attorney as soon as possible after a workplace injury.