Research
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.
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?
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.
What do federal programs allow a lawyer to charge?
| Program | Cap | Kind | Applies to | Who approves | Source |
|---|---|---|---|---|---|
| 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.
| State | Cap | Kind | Applies to | Who approves | Since | Source |
|---|---|---|---|---|---|---|
| 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.
| State | Rule | Cap | Applies to | Source |
|---|---|---|---|---|
| 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
- CSV: data.csv 74 KB · one row per rule, 79 rows
- JSON: data.json 148 KB · the same rows, with every source quote
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.
Where can I read more?
- Each state’s ad rules: our state rules library and the plain-English guide.
- What a signed case costs you: cost per signed case and how to set a marketing budget.
- Other studies: Exhibit No. 1, what bars charge to file a lawyer ad, and Exhibit No. 3, the mass-tort MDL tracker.
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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