"What does a workers' comp lawyer cost?"

How the fee is actually set

This is unusual, and it is worth understanding: your attorney does not set the fee. A judge does.

Labor Code § 4906 prohibits an attorney from demanding or accepting a fee until the amount "has been approved or set by the appeals board."

The Appeals Board's own guidance is that in a case of average complexity, a reasonable fee is 9% to 12% of the permanent disability, death benefit, or compromise and release awarded — and of temporary disability and out-of-pocket medical obtained through the attorney's efforts.

Above 12% where the case involved new legal theories, heavily disputed facts or medical issues, extensive investigation, lengthy hearings, or multiple defendants. 15% is common in genuinely contested cases.

And below 9% — as low as 1% — where the case was essentially uncontested and required little work.

8 CCR § 10775 lists what the judge weighs: the responsibility assumed, the care exercised, the time involved, and the results obtained.

What that means in practice

• No retainer, no hourly bill, no cost to consult
• The fee comes out of the recovery, not out of your pocket
• No recovery, no fee — and you are not responsible for costs we advance if there is no recovery
• Medical treatment benefits are generally not subject to the fee — the percentage attaches to indemnity and settlement, not to the value of care authorized
• The judge reviews it. If the fee is not justified by the work, it gets reduced

And one thing worth knowing if you have a lifetime award

In Rader v. Ticketmaster Corporation (WCAB significant panel decision, January 8, 2026), the Board addressed what happens when an attorney's fee is commuted from a lifetime award — meaning it is taken as a reduction from future weekly payments.

The holding: the commutation is limited to the specific dollar amount the judge approved. Once that amount has been deducted, no further reduction is permissible, and the worker's payments must return to full. The Board has continuing jurisdiction under § 5803 to enforce it, and statutory interest applies to amounts improperly withheld.

If you are receiving a life pension or total permanent disability payments and an attorney fee deduction is still coming out, check whether the approved amount has already been satisfied. Under Rader, once it has been, the deductions stop.

Frequently asked questions