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Attorney fee caps by state and federal program

27 states and DC cap what a worker’s lawyer may charge in workers’ comp at a set percent, and 20% is the most common cap. Social Security fee agreements pay the lesser of 25% of back benefits or $9,200. Claims against the federal government cap the lawyer’s share at 20% before a lawsuit and 25% after.

Data read October 25, 2026 · Primary sources only · Not legal advice

Key facts

States with a percent cap in workers’ comp
28
27 states plus DC: 28 jurisdictions
Most common workers’ comp cap
20%
16 jurisdictions
Social Security fee agreement
$9,200
or 25%, if lower
Federal tort claims (FTCA)
20% / 25%
before / after a lawsuit
VA, when VA pays the lawyer
20%
of past-due benefits
Workers’ comp caps changed since 2024
4
NJ, NM, ND and VT

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What did we find?

  • Workers’ comp: most states set a number. 27 states and DC set a percent cap. 16 use 20%, which is also the middle value; seven use 25%; and five go higher: Maine 30%, Michigan 30%, Washington 30%, South Carolina 33.3% and South Dakota 35% (South Dakota’s top rate applies only after a successful Supreme Court appeal).
  • New Mexico caps the total in dollars: $30,000 per claim since June 20, 2025, rising to $32,000 in 2027.
  • 11 states require a board’s or judge’s approval but name no percent, including California, where the appeals board’s guideline is a range for judges, not a cap. Nevada and Ohio leave it to a “reasonable” fee.
  • Some numbers are not hard caps. In Colorado and Idaho a fee above the figure is presumed unreasonable but can still be approved. In Delaware, North Dakota and Vermont the limit is on a fee paid by the employer or a state fund, not on the worker’s own agreement.
  • Four caps changed from 2024 on: New Jersey (August 22, 2024), New Mexico (June 20, 2025), North Dakota (January 1, 2026) and Vermont (July 1, 2026). An old intake script or web page may quote the wrong figure.
  • Federal programs: Social Security fee agreements, the lesser of 25% or $9,200; Social Security work in federal court, up to 25%; federal tort claims, 20% before suit and 25% after; VA benefits paid straight to the lawyer, 20%. Longshore, black lung and Federal employees’ comp (FECA) allow only a fee the agency or court approves.
  • Malpractice and injury cases often use sliding scales, where the share falls as the recovery grows. New York’s malpractice scale runs from 30% down to 10%. California allows 25% before a lawsuit and 33% after. The highest general cap we read is Oklahoma’s, at 50% of the net recovery.

What percent do workers’ comp caps allow?

States and DC with a hard percent cap on a worker’s lawyer’s fee, by the cap

  • 20% 16 jurisdictions: District of Columbia, Florida, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, New Hampshire, Oklahoma, Pennsylvania, Rhode Island, Tennessee, West Virginia and Wisconsin
  • 25% 7 jurisdictions: Arizona, Georgia, Kansas, Montana, New Jersey, Oregon and Texas
  • 30% 3 jurisdictions: Maine, Michigan and Washington
  • 33.3% 1 jurisdiction: South Carolina
  • 35% 1 jurisdiction: South Dakota

Not drawn, because they are not a hard percent cap: a dollar cap in New Mexico; presumptions in Colorado and Idaho; award-only limits in Delaware, North Dakota and Vermont; approval with no percent in 11 states; a reasonable fee in Nevada and Ohio; unknown in Alabama, Arkansas, Mississippi and Utah.

Source: state statutes and agency rules, read October 25, 2026. Probative, Exhibit No. 2, CC BY 4.0.

What do federal programs allow a lawyer to charge?

Federal fee limits (October 25, 2026)
ProgramCapKindApplies toWho approvesSource
Social Security, fee agreement 25% or $9,200, whichever is less Hard cap Past-due benefits Board or agency 42 U.S.C. 406(a)(2)(A); 1383(d)(2)(A); 89 FR 40523; 90 FR 19241
Social Security, federal court 25% Hard cap Past-due benefits awarded because of the court judgment Judge 42 U.S.C. 406(b)(1)(A); Culbertson v. Berryhill, 586 U.S. 53 (2019)
FTCA, settled with the agency 20% Hard cap An administrative award, compromise or settlement (28 U.S.C. 2672) No approval step 28 U.S.C. 2678
FTCA, after a lawsuit 25% Hard cap A judgment, or a settlement after suit is filed (28 U.S.C. 1346(b), 2677) No approval step 28 U.S.C. 2678
VA, paid directly by VA 20% Hard cap Past-due benefits awarded Board or agency 38 U.S.C. 5904(d)(1)
VA, other agreements 33⅓%, presumed Presumption Past-due benefits awarded Board or agency 38 U.S.C. 5904(a)(5); 38 CFR 14.636(f)(1)
Longshore Approval, no set percent No set percent The compensation award; the fee is usually paid by the employer or carrier Board or agency 33 U.S.C. 928; 20 CFR 702.132
Black lung Approval, no set percent No set percent Black lung benefits claims Board or agency 20 CFR 725.365
Federal employees’ comp (FECA) Approval, no set percent No set percent Services before the Office of Workers' Compensation Programs Board or agency 20 CFR 10.702

What is the workers’ comp fee cap in each state?

All 50 states and DC, A to Z. “Hard cap” means the fee may not go above it; “Presumption” means a higher fee can still be approved; “Award only” limits a fee paid by the employer or a state fund. Click a state for the rest of its ad rules.

Workers’ comp fee caps in 51 jurisdictions (October 25, 2026)
StateCapKindApplies toWho approvesSinceSource
Alabama Unknown Unknown Unknown Unknown Not dated We could not read the official text
Alaska Approval, no set percent No set percent Compensation Board or agency Not dated Alaska Stat. § 23.30.145(a)
Arizona 25% Hard cap The award, up to ten years from the date of the award (five years where the case involves solely loss of earning capacity) Board or agency Not dated Ariz. Rev. Stat. § 23-1069
Arkansas Unknown Unknown Unknown Unknown Not dated We could not read the official text
California Approval, no set percent No set percent Permanent disability indemnity, death benefit or compromise and release awarded (guideline) Board or agency Not dated Cal. Lab. Code § 4906; 8 CCR § 10844; WCAB Policy and Procedural Manual § 1.140
Colorado 25%, presumed Presumption The amount of contested benefits (unappealed contested cases) Board or agency Not dated Colo. Rev. Stat. § 8-43-403(1), (2)
Connecticut Approval, no set percent No set percent The fee the board or judge approves Board or agency Not dated Conn. Gen. Stat. § 31-327(b)
Delaware 30% of a fee award or a dollar limit, whichever is less Award only The award (fee taxed as costs against a party); alternative cap of 10 times Delaware's average weekly wage Board or agency Not dated 19 Del. C. § 2320(10)(a)
District of Columbia 20% Hard cap The actual benefit secured through the efforts of the attorney, including settlements Board or agency Not dated D.C. Code § 32-1530(f)
Florida Sliding scale, 5% to 20% Hard cap The amount of the benefits secured Judge Not dated Fla. Stat. § 440.34(1), (7)
Georgia 25% Hard cap The recovery of weekly benefits Board or agency Not dated O.C.G.A. § 34-9-108; Ga. SBWC Rule 108(a)(1)
Hawaii Approval, no set percent No set percent The fee the board or judge approves Board or agency Not dated Haw. Rev. Stat. § 386-94
Idaho 30%, presumed Presumption Available Funds Board or agency March 23, 2022 Idaho Code § 72-803; IDAPA 17.01.01.802
Illinois 20% Hard cap The amount of compensation recovered and paid Board or agency Not dated 820 ILCS 305/16a
Indiana Sliding scale, 10% to 20% Hard cap The recovery Board or agency Not dated Ind. Code § 22-3-1-4
Iowa Approval, no set percent No set percent Compensation the attorney shows would not have been paid but for the attorney's efforts Board or agency Not dated Iowa Code §10A.327 (formerly §86.39)
Kansas 25% Hard cap The amount of compensation recovered and paid Board or agency Not dated K.S.A. 44-536
Kentucky Sliding scale, 10% to 20%, at most $18,000 Hard cap The award Board or agency July 14, 2018 KRS 342.320(2)(b)
Louisiana 20% Hard cap The amount recovered Board or agency Not dated La. R.S. 23:1141
Maine 30% Hard cap The benefits accrued, after deducting reasonable expenses Board or agency Not dated 39-A M.R.S. §325
Maryland Sliding scale, 5% to 20% Hard cap The award of compensation for permanent partial disability (indemnity only, medical excluded) Board or agency Not dated COMAR 14.09.04.03
Massachusetts 20% Hard cap The amount of a lump-sum settlement under section 48 Board or agency Not dated M.G.L. c. 152, §13A
Michigan 30% Hard cap The accrued compensation, after deducting reasonable expenses Board or agency Not dated MCL 418.858; Mich. Admin. Code R 408.44
Minnesota 20% or $55,000, whichever is less Hard cap The first $275,000 of compensation awarded No approval step Not dated Minn. Stat. §176.081, subd. 1
Mississippi Approval, no set percent Unknown Unknown Board or agency Not dated Miss. Code Ann. §71-3-63; MWCC Procedural Rule 2.12
Missouri Approval, no set percent No set percent Compensation Board or agency Not dated RSMo §287.260.1
Montana 25% Hard cap Additional compensation the claimant receives due to the attorney's efforts Board or agency Not dated MCA 39-71-613; ARM 24.29.3802
Nebraska Approval, no set percent No set percent Damages or compensation Board or agency Not dated Neb. Rev. Stat. §48-108
Nevada A reasonable fee only No cap The fee the board or judge approves No approval step Not dated NRS chapters 616A-616D, 617; NAC 616C (searched)
New Hampshire 20% Hard cap Retroactive indemnity benefits ordered, or the permanent impairment award Board or agency Not dated RSA 281-A:44, VI; N.H. Admin. R. Lab 208.01
New Jersey 25% Hard cap The judgment Board or agency August 22, 2024 N.J.S.A. 34:15-64 (as amended by P.L.2024, c.55)
New Mexico $30,000 in total No set percent All attorney fees for a single accidental injury claim, cumulative across all proceedings Judge June 20, 2025 NMSA 1978, § 52-1-54
New York Approval, no set percent No set percent The compensation awarded (fee becomes a lien on the award) Board or agency Not dated N.Y. Workers' Comp. Law § 24; 12 NYCRR 300.17
North Carolina Approval, no set percent No set percent The compensation awarded Board or agency Not dated N.C. Gen. Stat. § 97-90
North Dakota 20% of a fee award or $14,595, whichever is less Award only The additional amount awarded (fees are paid by Workforce Safety and Insurance, not taken from the worker's award) Board or agency January 1, 2026 N.D.C.C. § 65-02-08; N.D. Admin. Code § 92-01-02-11.1
Ohio A reasonable fee only No cap The fee for services before the Industrial Commission No approval step Not dated Ohio Rev. Code § 4123.06; Ohio Adm. Code 4121-3-24
Oklahoma 20% Hard cap Temporary disability compensation (10%) or permanent disability or death compensation (20%) awarded on a controverted claim Board or agency February 1, 2014 85A Okla. Stat. § 82
Oregon 25% Hard cap The increased compensation (permanent disability) or the settlement proceeds Board or agency Not dated ORS 656.388; OAR 438-015-0040, -0050, -0052
Pennsylvania 20% Hard cap The amount awarded, or the compromise and release settlement amount Judge November 9, 2006 77 P.S. § 998 (Workers' Compensation Act § 442)
Rhode Island 20% Hard cap The lump sum or the present value of a structured settlement Judge Not dated R.I. Gen. Laws §§ 28-33-25(d), 28-35-32
South Carolina 33.3% Hard cap The total amount of compensation Board or agency Not dated S.C. Code § 42-15-90; S.C. Code Regs. 67-1205
South Dakota 35% Hard cap The disputed amount of compensation benefits secured Board or agency April 12, 2011 SDCL § 62-7-36
Tennessee 20% Hard cap The amount of the recovery or award Judge July 1, 2014 Tenn. Code Ann. § 50-6-226(a)(1)
Texas 25% Hard cap The claimant's recovery Board or agency June 17, 2001 Tex. Lab. Code § 408.221
Utah Unknown Unknown Unknown Board or agency Not dated Utah Code § 34A-1-309; Utah Admin. Code R602-2-4
Vermont 20% of a fee award Award only The compensation or benefits awarded Board or agency July 1, 2026 21 V.S.A. § 678; Vt. Workers' Comp. Rule 20.1300
Virginia Approval, no set percent No set percent The compensation awarded Board or agency Not dated Va. Code § 65.2-714
Washington 30% Hard cap The increase in the award secured by the attorney's services Board or agency Not dated RCW 51.52.120
West Virginia 20% Hard cap The award, limited to benefits payable over 208 weeks No approval step July 1, 2022 W. Va. Code § 23-5-16a
Wisconsin 20% Hard cap The amount at which the claim is compromised, awarded, adjudged or collected Board or agency Not dated Wis. Stat. § 102.26(2)
Wyoming Approval, no set percent No set percent Hours of service at a rate set by the Office of Administrative Hearings Board or agency Not dated Wyo. Stat. § 27-14-602(d)

“Unknown” means we could not read the state’s official text, so we did not guess. “Approval, no set percent” means the law names no number and a board or judge sets the fee. The percent shown for a sliding scale is its highest tier; each row’s tiers are in the CSV.

Which states cap malpractice and other contingency fees?

The 18 states we have read so far. A state not listed here is not “no cap”: it is not in the data yet.

Malpractice and general contingency-fee rules (October 25, 2026)
StateRuleCapApplies toSource
California Medical malpractice Sliding scale, 25% to 33% The dollar amount recovered (net of disbursements and costs) Cal. Bus. & Prof. Code 6146
Connecticut Contingency fees, general Sliding scale, 10% to 33⅓% Damages awarded and received, or the settlement amount received Conn. Gen. Stat. 52-251c
Delaware Medical malpractice Sliding scale, 10% to 35% Damages 18 Del. C. 6865
Florida Contingency fees, general Sliding scale, 15% to 40% Any recovery R. Regulating Fla. Bar 4-1.5(f)(4)
Florida Medical malpractice Sliding scale, 10% to 30% All damages received, exclusive of reasonable and customary costs Fla. Const. art. I, s. 26; R. Regulating Fla. Bar 4-1.5(f)(4)(B)(iii)
Hawaii Contingency fees, general Approval, no set percent The tort judgment or settlement Haw. Rev. Stat. 607-15.5
Illinois Medical malpractice 33⅓% All sums recovered 735 ILCS 5/2-1114
Indiana Medical malpractice 32% The recovery from the Patient's Compensation Fund (not the provider's own share) Ind. Code 34-18-18-1
Maine Medical malpractice Sliding scale, 20% to 33⅓% The sum recovered, exclusive of litigation expenses 24 M.R.S. 2961
Massachusetts Medical malpractice Sliding scale, 25% to 40% The amount recovered Mass. G.L. c. 231, s. 60I
Michigan Contingency fees, general 33⅓% The net sum recovered after disbursements MCR 8.121
New Hampshire Contingency fees, general Approval, no set percent The settlement or judgment N.H. RSA 508:4-e
New Jersey Contingency fees, general Sliding scale, 20% to 33⅓% The net sum recovered N.J. Ct. R. 1:21-7(c)
New York Medical malpractice Sliding scale, 10% to 30% The net sum recovered after expenses and disbursements N.Y. Judiciary Law 474-a
Oklahoma Contingency fees, general 50% The net amount of the judgment or compromise 5 O.S. 7
Tennessee Medical malpractice Unknown Unknown We could not read the official text
Utah Medical malpractice 33⅓% The amount recovered Utah Code 78B-3-411
Wisconsin Medical malpractice Sliding scale, 20% to 33⅓% The amount recovered, plus reasonable costs of prosecution Wis. Stat. 655.013
Wyoming Contingency fees, general Sliding scale, 30% to 40%, presumed The recovery Rules Governing Contingent Fees for Members of the Wyoming State Bar, Rules 4-5

Which common figures are out of date?

Guides and summaries still repeat figures the official text no longer says. Each row below is from the rule itself.

  • New Mexico, workers' comp. Often given as $22,500. The rule says: $30,000 from June 20, 2025.
  • Minnesota, workers' comp. Often given as $26,000. The rule says: 20% of the first $275,000, at most $55,000.
  • Kentucky, workers' comp. Often given as $12,000. The rule says: at most $18,000 for contracts from July 14, 2018.
  • Colorado, workers' comp. Often given as 20%. The rule says: over 25% is presumed unreasonable.
  • Indiana, medical malpractice. Often given as 15%. The rule says: 32% on the fund’s share, for malpractice after June 30, 2017.
  • California, medical malpractice. Often given as 40/33⅓/25/15%. The rule says: 25% before a lawsuit, 33% after.
  • VA benefits. 33⅓% is not a hard cap. The rule says a fee above it is presumed unreasonable; the hard 20% cap applies only when VA pays the lawyer directly.
  • Social Security court fees. The 25% cap in 42 U.S.C. 406(b) covers only the court-stage fee, as the Supreme Court held in Culbertson v. Berryhill (2019). We found no newer case on it.

How did we build it?

We read each statute, court rule, federal regulation and agency rule ourselves on October 25, 2026. Every fact in the data has the source link, an exact quote of up to 25 words and the date we read it. A script matched 143 quotes against the pages they came from. A few official sites block scripts, so we read 9 quotes in a normal browser instead, and the data marks each one.

  • Primary sources only. Published fee tables, legal publishers and law-firm pages were leads, never sources.
  • Five unknowns. Alabama (workers' comp), Arkansas (workers' comp), Mississippi (workers' comp), Utah (workers' comp) and Tennessee (medical malpractice): we could not read the official text, so we did not guess.
  • A percent is a summary. Bases, side caps, hourly limits and approval steps are in each row of the CSV.
  • A snapshot. Caps change. We re-check every source each month and fix what moved.
  • A lookup, not a calculator. Nothing here works out the fee for a case.
  • Not legal advice. Check with your state bar and your own counsel before you sign a fee agreement.

How to cite this study

You can reuse, adapt and republish this data, including commercially, under the Creative Commons Attribution 4.0 license (CC BY 4.0). The only condition is that you credit Probative and link to the source.

Version
1.0.0, released October 25, 2026
Every version
10.5281/zenodo.23656737 (always points to the newest)
License
CC BY 4.0

Download the data

Free, no email or login. The files are hosted on this site and Zenodo, a public research archive.

Suggested citation

Probative. (2026). Attorney fee caps and contingency-fee rules, by state and federal program (Version 1.0.0) [Data set]. Zenodo. https://doi.org/10.5281/zenodo.23656738

Credit line for a chart, table or article

Source: Probative, Attorney fee caps and contingency-fee rules, by state and federal program, version 1.0.0, https://doi.org/10.5281/zenodo.23656738, licensed CC BY 4.0.

Not legal advice. This is a plain-English summary of public sources, kept for marketing planning, and rules change. Check with your state bar and your own counsel before you sign a fee agreement.

Questions about fee caps

What is the attorney fee cap in workers’ comp?

It depends on the state. As of October 25, 2026, 27 states and DC set a percent cap on a worker’s lawyer’s fee, and 20% is the most common (16 of them). Seven use 25%, and Maine 30%, Michigan 30%, Washington 30%, South Carolina 33.3% and South Dakota 35% go higher. New Mexico uses a dollar cap of $30,000 per claim. In 45 of the 51 jurisdictions a board, commission or judge must approve the fee.

How much can a lawyer charge for an SSDI or SSI case?

Under a fee agreement approved by Social Security, the lesser of 25% of past-due benefits or $9,200, for favorable decisions on or after November 30, 2024. For work in federal court, the court may allow up to 25% of past-due benefits, separately from the agency fee. The Supreme Court settled that split in Culbertson v. Berryhill (2019).

What is the FTCA attorney fee limit?

20% of an administrative settlement with the agency, and 25% of a judgment or of a settlement after the lawsuit is filed (28 U.S.C. 2678).

What can a lawyer charge for a VA disability claim?

When VA pays the lawyer directly from past-due benefits, the fee may not exceed 20%. For other agreements there is no fixed cap: VA’s rule presumes a fee of 20% or less reasonable and a fee over 33⅓% unreasonable, and either presumption can be rebutted.

Do medical malpractice cases have a fee cap?

In many states, yes, often a sliding scale. California allows 25% before a lawsuit and 33% after; New York starts at 30% and falls as the recovery grows. This data covers malpractice and general contingency rules in 18 states so far.

Where does this data come from?

Only from primary sources: statutes, court rules, the Federal Register and eCFR, and workers’ comp agency rules, read on October 25, 2026. Every row has the source link, an exact quote and the date read. Anything we couldn’t confirm from the official text is marked unknown.

Can I reuse this fee-cap data?

Yes. It is free under CC BY 4.0. Use it, chart it or republish it, and credit Probative with a link to this page. It is not legal advice.

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