If you were hurt at work in Fort Wayne or elsewhere in Indiana, the fee on a workers’ compensation recovery follows a schedule written into the Indiana Code, and the Board keeps continuing jurisdiction over fees in cases before it. This guide walks through that schedule, works examples, and lists the questions worth asking before you sign anything.
Key takeaways
- The statutory schedule applies when an attorney represents a claimant before the Indiana Worker’s Compensation Board and the claim results in a recovery.
- The schedule lists a $200 minimum fee, 20% of the first $50,000 recovered, and 15% of recovery above $50,000.
- It separately lists 10% of unpaid, out-of-pocket, or future medical expenses.
- The Board maintains continuing jurisdiction over attorney fees and may order a different fee or allowance in a particular case.
- Case expenses, such as charges for medical reports or depositions, are handled separately from the attorney fee.
How Indiana’s statutory workers’ compensation fee schedule works
Indiana Code 22-3-1-4[1], titled “Schedule of attorney’s fees,” applies to an attorney representing a claimant before the Board when the claim for compensation results in a recovery. The Board publishes the same provision on its Schedule of Attorney Fees[2] page.
| Part of the recovery | Scheduled fee |
|---|---|
| Minimum fee | $200 |
| First $50,000 recovered | 20% |
| Recovery above $50,000 | 15% |
| Specified recovered medical expenses | 10% |
Subsection (d)(4) defines the covered medical-expense categories as unpaid medical expenses, out-of-pocket medical expenses, and future medical expenses.
The percentages are applied in tiers rather than using one percentage on the entire recovery. That distinction matters once a recovery passes $50,000.
Indiana workers’ comp attorney-fee calculation examples
The figures below are illustrations, not case outcomes. Each applies the statutory percentages to a round number and sets aside any different Board order, any medical-expense fee, and any separate case expenses.
| Hypothetical recovery | Calculation | Illustrative fee |
|---|---|---|
| $20,000 | 20% of $20,000 | $4,000 |
| $50,000 | 20% of $50,000 | $10,000 |
| $75,000 | 20% of the first $50,000, plus 15% of the remaining $25,000 | $13,750 |
| $100,000 | 20% of the first $50,000, plus 15% of the remaining $50,000 | $17,500 |
Take the $75,000 row. The first tier produces $10,000 and the second tier produces $3,750, which is how that row arrives at $13,750.
Those rows apply the percentage tiers only. The $200 in the schedule is described as a minimum, which matters most on a small recovery where the percentages alone would come to less than that. The Board's FAQ states the schedule as a minimum fee of $200, plus 20 percent of the first $50,000 recovered and 15 percent above it, so how the $200 is treated in a particular case is a fair question to put to any attorney before signing.
A fee calculation is only one part of evaluating a proposed resolution. Our guide to an Indiana workers’ comp settlement before signing covers the wider set of questions.
How the medical-expense portion is treated
Subsection (d)(4) lists a 10% fee based on the value of unpaid medical expenses, out-of-pocket medical expenses, or future medical expenses. The Board’s claimant-representation FAQ[4] states that a fee based on the recovery of medical expenses comes out of the payments made to the medical provider, not the injured worker.
It is worth asking an attorney to identify which medical amounts, if any, are included in a proposed calculation. A written breakdown separates cash paid to you from bills paid or resolved for medical providers.
Can the Board approve a different fee?
Yes. Subsection (e) provides that the Board maintains continuing jurisdiction over all attorney’s fees in cases before it and may order a different attorney’s fee or allowance in a particular case.
The Board’s FAQ adds that in special circumstances — where an employer acted in bad faith, lacked due diligence in handling the case, or failed to carry worker’s compensation insurance — the plaintiff attorney’s fees may be assessed against the employer, depending on the acts and circumstances of each case and on the judge.
Neither provision is an automatic adjustment. Both turn on the facts and posture of a particular claim.
Attorney fees and case costs are not the same thing
The Board’s FAQ states that an injured worker is responsible for the payment of the expense for medical reports and depositions, and that the worker should discuss the lawyer’s policy on copy, phone, mileage and other charges.
Before signing, it is reasonable to ask whether costs are advanced, when they become payable, and whether they are deducted before or after the fee is figured. Those answers belong in the written agreement. The Board's FAQ goes as far as recommending an open discussion of fees and charges before a lawyer takes the case; the specific questions below are our own suggestions, not Board requirements.
| Question | Why it helps |
|---|---|
| Which recovery amounts will be included? | Fixes the base the percentage is applied to. |
| Are medical-expense recoveries included? | Shows whether subsection (d)(4) is in play. |
| Which case costs could I owe? | Keeps expenses distinct from the fee. |
| Will I receive a written closing statement? | Puts the total, the fee, the expenses and your net on one page. |
What to review before signing a fee agreement
- How the agreement defines the amount the percentage is applied to.
- An example worked with the approximate amounts being discussed in your claim.
- How medical-expense amounts and litigation costs will be shown.
- What happens to fees and costs if you change attorneys.
- Where your complete copy of the signed agreement and later distribution documents will be kept.
Our Indiana PPI calculator is one way to put an educational estimate together before asking how a fee would apply to it. Our Fort Wayne workers’ compensation page describes the rest of what we help with, from medical care and work restrictions through to disputed claims.
Frequently Asked Questions
Do I owe an attorney fee if there is no recovery?
The Board’s FAQ states that fees in worker’s compensation cases are generally contingent, and that if you do not receive any compensation in your case you do not owe fees to your attorney.
Is the fee always 20% of the entire recovery?
No. Under the statutory schedule, 20% applies to the first $50,000 recovered and 15% applies to recovery above $50,000.
Is there a minimum attorney fee?
Subsection (d)(1) lists a minimum of two hundred dollars ($200).
Can the Indiana Worker’s Compensation Board review the fee?
Yes. Subsection (e) gives the Board continuing jurisdiction over all attorney’s fees in cases before it.
Are depositions and medical reports included in the attorney fee?
The Board’s FAQ treats them separately and states that the injured worker is responsible for the payment of the expense for medical reports and depositions.
If you have questions about a proposed fee agreement, you can contact Delventhal Law Office and we will go through the documents with you.
This article is general information about Indiana law and is not legal advice. Reading it does not create an attorney-client relationship, and neither does contacting us.
