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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Workers' Compensation — No Win No Fee

United States (federal and general)Last reviewed 18 September 2026

Workers' compensation is a no-fault insurance system that provides benefits to employees injured on the job. Attorneys in workers' comp cases work on a contingency basis with fees regulated by state law — typically 15% to 25% of the recovery.

How Does Workers' Compensation Work?

Direct Answer: Workers' compensation is a state-mandated no-fault insurance system. Injured employees receive medical benefits and wage replacement regardless of who caused the injury. Attorney fees are typically 15%–20% and must be approved by the workers' comp board — lower than standard contingency fees.

Workers' compensation is a state-mandated insurance programme that requires employers to carry insurance covering employees who suffer work-related injuries or illnesses. It operates as a no-fault system: the employee receives benefits regardless of who caused the injury. In exchange, the employee gives up the right to sue the employer for negligence (the "exclusive remedy" doctrine).

Types of Benefits

  • Medical benefits — coverage for all reasonable and necessary medical treatment
  • Temporary total disability (TTD) — wage replacement while unable to work, typically ⅔ of the average weekly wage
  • Temporary partial disability (TPD) — benefits when you can work but at reduced capacity
  • Permanent partial disability (PPD) — compensation for lasting impairment after maximum medical improvement
  • Permanent total disability (PTD) — ongoing benefits when you are permanently unable to work
  • Death benefits — payments to surviving dependents, plus funeral expenses

Third-Party Claims

While the exclusive remedy doctrine bars negligence claims against your employer, you may have a third-party claim against other responsible parties. For example, if you were injured by defective equipment, you may sue the manufacturer under product liability. If injured in a vehicle accident while working, you may sue the other driver. These third-party claims are handled on standard contingency fees (33⅓%–40%).

Regulated Attorney Fees

Unlike standard personal injury cases, workers' compensation attorney fees are regulated by state law. Most states cap fees at 15% to 25% of the benefits recovered, and the fee must be approved by the workers' compensation judge or board. This ensures that injured workers retain a larger share of their benefits.

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Frequently Asked Questions

Do workers' compensation attorneys work on contingency?

Yes, but the fee structure is different from personal injury. Workers' comp attorney fees are regulated by state law and typically range from 15% to 25% of the recovery, subject to approval by the workers' compensation board or judge.

What is workers' compensation?

Workers' compensation is a state-mandated insurance system that provides benefits to employees who are injured or become ill in the course of employment. It is a no-fault system — the employee does not need to prove employer negligence to receive benefits.

Can I sue my employer if I receive workers' comp?

Generally, no. Workers' compensation is an 'exclusive remedy' — accepting benefits bars you from suing your employer for negligence. However, you may be able to file a third-party lawsuit against parties other than your employer (e.g., equipment manufacturers) or sue your employer for intentional torts in some states.

What benefits does workers' comp provide?

Benefits typically include medical treatment coverage, temporary total disability payments (usually ⅔ of average weekly wage), permanent partial or total disability benefits, vocational rehabilitation, and death benefits for surviving dependents.

What if my workers' comp claim is denied?

You have the right to appeal a denied claim through the state workers' compensation board. An attorney can represent you at hearings before the administrative law judge. Attorney fees in appeals are typically contingent on recovering additional benefits.

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Construction Accident

Workplace injuries on construction sites.

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Product Liability

Third-party claims for defective equipment.

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What Is a Contingency Fee?

Complete guide to contingency fees.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.