How much does a workers' comp attorney cost in California?

Nothing up front. Fees in California workers' compensation are contingent, come out of the final award or settlement, and must be approved by the Workers' Compensation Appeals Board under Labor Code section 4906. The appeals board customarily approves fees in the range of 9 to 15 percent of the permanent disability recovery.

Workers' compensation is one of the few California practice areas where the fee itself is supervised by a tribunal. Under Labor Code section 4906, an attorney may not collect a fee from an injured worker without Workers' Compensation Appeals Board approval, and the board sets reasonable fees, customarily 9 to 15 percent, taken from the permanent disability award or the compromise-and-release settlement at the end of the case. Fees are not deducted from temporary disability checks or medical treatment, so representation does not reduce the benefits paid while the case is open. Consultations are typically free, and the attorney is paid only if there is a recovery to draw from. Certain work is compensated separately by the defense: when the insurance company deposes the injured worker, Labor Code section 5710 requires the defendant to pay the worker's attorney a fee for attending. Penalty proceedings can carry their own fee awards. Any fee arrangement must be disclosed in writing and filed with the board.

Authority: Cal. Lab. Code § 4906