There is no charge for the initial consultation in a workers' compensation claim. Attorney fees are payable on a "contingency basis." This means that if there is no recovery there is no fee. The attorney receives a percentage of the settlement or award at the end of the case. If a person chooses to be represented by an attorney, the attorney fees will be deducted from the settlement at the end. Attorney fees normally range from 9-l2% of the benefits awarded. The actual amount of the attorney fee will depend upon the complexity of the case. In complex cases, the fee may be l5%. The fee has to be approved by the Workers' Compensation Appeals Board. 

If the attorney also represents the worker before the vocational rehabilitation unit, there may also be a fee in connection with this representation. In that case, the employer or insurance company generally withholds l2-l5% of the vocational rehabilitation maintenance benefit as attorney fees. At the conclusion of the rehabilitation process, the Workers' Compensation Appeals Board judge determines whether the attorney receives all, part, or none of the monies withheld. 

There are no other fees or costs charged. If the injured worker makes a complete recovery, and therefore receives no settlement or award, there is no charge for the attorney's services.