How much does it cost to hire a workers' comp attorney?

Dollar bills representing workers compensation attorney fees and costs

Last Updated: 11/15/2025

Learn about workers' comp attorney fees in Georgia: 25% max contingency fee, typical expenses, and the no-win no-fee guarantee.

Attorney Fee Quick Facts

Worried about the cost of hiring a lawyer? You can afford quality legal help:

  • No upfront costs: You pay nothing to get started
  • Only pay if you win: Your attorney gets paid when you get paid
  • Maximum 25% fee: Georgia law caps fees at 25% of what you recover
  • Zero risk to you: If you don’t win, you owe nothing

Injured workers on limited income can get expert legal help without financial stress.

The Contingency Fee Basis

Workers’ comp attorneys in Georgia work on a contingency fee basis. Here’s what that means:

  • No upfront payment: You don’t pay a retainer or deposit to hire an attorney
  • No hourly billing: You won’t get bills while your case moves forward
  • Payment only if you win: Your attorney gets paid only when you recover benefits

This removes the money barrier that stops many injured workers from getting legal help when they need it most.

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Why This Matters

Many injured workers are out of work or earning less because of their injury. The contingency fee system means you can get quality legal help even when money is tight. You’re not taking a financial risk—the attorney is. They work for free unless they win your case.

The 25% Maximum Fee in Georgia

Georgia law strictly limits workers’ comp attorney fees to protect injured workers.

State Board Sets the Maximum

The State Board of Workers’ Compensation sets a maximum fee of 25% for workers’ comp cases. This means:

  • No attorney can charge more than 25% of what you recover
  • The fee is based on your settlement or award amount
  • This is a hard cap—it can’t be exceeded no matter how complex your case

Case Expenses: What You Might Owe

While attorney fees depend on winning, some case expenses may come up during your case.

Typical Expenses Include

Common Case Expenses

  • Medical records ($50-150 per provider)
  • Deposition transcripts if needed ($200-500)
  • Expert witness fees for complex cases ($500-2,000)
  • Filing fees with the State Board (minimal)
  • Certified copies of documents ($10-50)
  • Postage and document service costs ($20-50)

A typical workers’ comp case that settles without a trial usually costs around $200-300 in expenses. Cases with hearings or trials may cost more.

How Expenses Are Handled

At Bourne Law Firm, we handle expenses like this:

  1. No upfront cost to you: We pay all expenses upfront
  2. Minimal for most cases: Average cost in non-trial cases is about $250
  3. Deducted from recovery: Expenses are paid back from your settlement or award
  4. Discussed in advance: We tell you about any big expenses before we spend the money

Expense Example

Case settlement: $30,000

  • Medical records: $150
  • Miscellaneous costs: $100
  • Total expenses: $250
  • Attorney fee (25%): $7,500
  • Your net recovery: $30,000 - $250 - $7,500 = $22,250
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Trial Cases Cost More

If your case goes to a full hearing, expenses can be higher—potentially $1,000-3,000 or more. This covers expert witnesses, depositions, and trial prep. Your attorney should talk with you about this if your case needs a trial.

The “No Recovery, No Fee” Guarantee

One of the best protections for injured workers is the “no recovery, no fee” promise.

What This Means for You

If your attorney can’t get you compensation:

  • You owe no attorney fees: Zero payment for their work
  • No surprise bills: You won’t get an invoice for the attorney’s time

Why Attorneys Accept This Risk

This setup ensures your attorney is:

  • Motivated to win: They only get paid if you get paid
  • Honest about your case: They’ll tell you if your case has merit
  • Committed to your success: Your goals match—get you the most money possible
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Bourne Law Firm's Approach

At Bourne Law Firm, we stand by the “no recovery, no fee” promise. We review each case carefully to make sure we can help. We fight for the best outcome because our success depends on yours.

Frequently Asked Questions

Frequently Asked Questions

Can I negotiate a lower attorney fee percentage?
The State Board sets 25% as the maximum. Some attorneys may charge less depending on the case. However, most workers' comp attorneys charge the full 25% because these cases are complex and risky. You should discuss and agree on the fee in your retainer agreement before work begins.
Do I have to pay the attorney fee upfront?
No. Workers' comp attorneys work on contingency. There are no upfront fees. You pay nothing to hire an attorney. Fees are only taken if you win your case—deducted from your settlement or award at the end.
What if I win my case but the insurance company won't pay?
Your attorney will pursue enforcement through the State Board or courts. If the insurance company is unreasonably refusing to pay, they may face penalties and have to pay extra attorney fees.
Are attorney fees tax-deductible?
Generally no. Attorney fees from workers' comp settlements are not tax-deductible because workers' comp benefits are not taxable. Talk to a tax professional for advice on your specific situation.
What if I fire my attorney mid-case?
If you fire your attorney before the case ends, they may get paid for work already done based on your final outcome. The State Board typically decides this. However, you have the right to change attorneys if you're not satisfied.
Will the attorney fee come out of my medical benefits?
No. Attorney fees are based on money paid to you (like weekly TTD, TPD, or PPD checks). They don't apply to medical costs paid directly by the insurance company to your doctors.
How do I know if the fee is worth it?
Consider what your case is worth without an attorney versus with one. Attorneys consistently secure higher settlements by recognizing and countering insurance company lowball tactics (https://www.bourne.law/workers-compensation/articles/lowballing-settlement). Attorneys typically recover significantly more in benefits than unrepresented workers receive. Even after the 25% fee, you often come out ahead. Plus, you get peace of mind knowing an expert is handling your case.
Can the attorney charge more than 25%?
No. The State Board of Workers' Compensation has set 25% as the absolute maximum contingency fee for workers' comp cases in Georgia. Any attorney charging more would be violating State Board rules and could face disciplinary action.

The Bottom Line on Attorney Fees

Hurt on the job and worried about legal costs? You can afford expert help.

At Bourne Law Firm, we believe every injured worker deserves quality legal help, no matter their financial situation. That’s why we work on a contingency fee basis with zero upfront costs.

Our Commitment to You

  • Free consultation: Talk about your case at no cost
  • No upfront fees: Start your case without paying anything
  • 25% contingency fee: Only if we win your case
  • No recovery, no fee: If we don’t win, you owe nothing
  • Clear billing: All fees explained in your contract before we start
  • Experienced representation: Skilled workers’ comp lawyers fighting for top benefits with over 40 years compbined experience.

Our experienced workers’ comp attorneys will fight for the compensation you deserve—with zero upfront or ongoing costs to you.

Call Bourne Law Firm at (770) 886-3030 for a free consultation about your case.



Legal Disclaimer

This article gives general information about workers’ comp attorney fees in Georgia. You should discuss fee details with your attorney and get them in writing in a retainer agreement. Actual fees and expenses may vary based on your case.