Cost of Attorney

  • Attorney fees charged by attorneys who represent injured workers are regulated by the Idaho Industrial Commission.  Claimant’s (an injured worker is called a “Claimant”) attorney is required to disclose to all clients the fees that the attorney will be taking from disputed benefits.

  • In workers’ compensation matters, attorney’s fees normally do not exceed twenty-five percent (25%) of the benefits your attorney obtains for you in a case in which no hearing on the merits has been completed.  Any case in which a hearing on the merits has been completed, attorney fees normally do not exceed thirty percent (30%) of the benefits your attorney obtains for you.

  • Depending upon the circumstances of your case, you and your attorney may agree to a higher or lower percentage, which would be subject to Industrial Commission’s approval. Further, if you or your attorney have a dispute regarding attorney’s fees, either of you may petition the Industrial Commission to resolve the dispute.

  • IDAPA is the section of the Idaho Administrative Code that deals with Claimant’s attorney’s fees in Idaho Industrial Commission cases.  It is available in full on the web at:

  • Most Claimants who have a disputed workers’ compensation case find the contingent attorney fee approach an efficient way to obtain representation where no up front monies for a retainer are required from the Claimant who, if injured and out of work, may not be able to pay under other legal billing methods.