One of the most common questions injured workers ask before calling a workers' compensation attorney in Massachusetts is: 'What is this going to cost me?' It's a fair question — and the answer is usually a relief. In Massachusetts, workers' compensation attorneys work on a contingency fee basis. If you don't recover, you don't pay a fee. If you do recover, the attorney's fee comes from the award — not from your pocket.
The Massachusetts Contingency Fee Model — No Upfront Cost
Massachusetts workers' compensation law governs how attorney fees are structured and what amounts are permissible. Under G.L. c. 152, attorney fees in workers' comp cases are subject to approval by the Department of Industrial Accidents (DIA). This protection is built into the system specifically to ensure that injured workers aren't overcharged.
For DGK Law's workers' compensation clients in Fall River and throughout Massachusetts, the model works like this:
- You pay nothing to start — no retainer, no consultation fee, no filing costs out of pocket
- Attorney fees are typically calculated as a percentage of the benefits recovered — commonly in the 15–20% range for Massachusetts workers' comp, subject to DIA approval
- Fees are only paid if your case results in a recovery — if your claim is denied and no award is made, you owe no attorney fee
- Case expenses (filing fees, medical record requests, deposition costs) may be advanced by the firm and deducted from the recovery — confirm this with your attorney at the initial consultation
What Percentage Do Workers' Comp Attorneys Take in Massachusetts?
The specific percentage varies by case complexity, whether the matter proceeds to a DIA hearing, and the type of benefit at issue (weekly compensation vs. lump-sum settlement). In Massachusetts workers' compensation cases, fees are subject to a judge's approval at the DIA — which provides a built-in check on what can be charged. DGK Law discusses fee structure transparently at the free initial consultation so there are no surprises about what a successful outcome means for your net recovery.
What Costs Are Recoverable in a Massachusetts Workers' Comp Case?
In addition to attorney fees, there are case expenses that may arise during the course of a Massachusetts workers' compensation claim:
- Medical record and billing requests — obtaining records from employers, insurers, and healthcare providers
- Independent medical examinations (IMEs) — if the insurer demands an IME, the employee typically has the right to request a concurrent IME
- Expert witness fees — for complex cases involving disputed medical causation
- DIA filing fees and hearing costs
These costs are typically advanced by the attorney and reimbursed from the recovery — meaning you're not writing checks during your case while you're out of work and dealing with an injury. Ask DGK Law specifically about how expenses are handled at your free consultation.
Is It Worth Hiring a Workers' Comp Attorney in Massachusetts?
The data consistently shows that represented workers' compensation claimants recover larger benefits than unrepresented claimants — particularly when claims are disputed by the employer or insurer. Massachusetts workers' compensation involves a specific DIA process, independent medical examinations that insurers use to minimize claims, and complex benefit calculations for weekly compensation and permanent disability. Deborah G. Kohl has over 40 years of Massachusetts workers' compensation experience, including AV Preeminent rating, Best Lawyers recognition, Super Lawyers status, and a 10.0 Avvo score. Her firm also holds recognition as a Best Law Firms firm from 2019–2022.
When the fee costs you nothing unless you win, the question becomes: why wouldn't you consult an experienced Massachusetts workers' comp attorney?
Free Consultation with DGK Law in Fall River, MA
DGK Law offers free initial consultations for workers' compensation cases in Massachusetts and Rhode Island. Call (508) 677-4900 or visit our office at 191 Bedford St #301, Fall River, MA 02720. You'll speak with an attorney — not a case manager — and get an honest assessment of your claim before any fee discussion.
