Michigan sets the fee — not the lawyer
Michigan is one of the few states where workers' compensation attorney fees are fixed by statute and administrative rule. That means a lawyer cannot charge more than the maximum set by the Workers' Disability Compensation Act (MCL 418.858) and the WDCA's implementing rules. Every fee must be approved by a workers' compensation magistrate before it is paid. The result: injured workers pay the same statutory rate whether they hire a small firm or a large one.
How the statutory fee is calculated
Under Michigan's rules, the attorney fee on a contested claim is generally capped at:
30% of accrued past-due weekly benefits
On amounts of past-due wage-loss benefits secured through contested litigation.
15% of ongoing weekly benefits
A running percentage of future weekly wage-loss checks secured for the client.
15% of a redemption (lump-sum) settlement
When a case is resolved by a redemption, the attorney fee is generally capped at 15% of the gross settlement, subject to magistrate approval.
These percentages are ceilings, not automatic minimums. Magistrates review the fee at every step and can reduce it when appropriate. Fees are only earned on benefits the attorney actually secures — not on benefits the insurer was already voluntarily paying.
What "no fee unless we win" actually means
A contingency fee has three characteristics:
- No retainer. You do not pay the firm any money to open the case.
- No hourly billing. You are not charged for lawyer time, paralegal time, phone calls, or emails.
- Fee only from the recovery. The percentage is deducted only from the benefits actually paid to you.
If the claim is unsuccessful, we do not receive an attorney fee. That aligns our incentives with yours: we get paid when you get paid.
What about medical records, depositions, and other costs?
Litigation costs are separate from attorney fees. In a typical Michigan workers' comp case they include:
- Medical record copying fees.
- Deposition transcripts of treating physicians and IME doctors.
- Expert witness fees for medical or vocational experts.
- Filing fees and service costs.
Jay Trucks & Associates advances these costs on your behalf and is reimbursed only out of a successful recovery. If the case does not succeed, you are generally not responsible for those advanced costs.
When hiring a lawyer typically pays for itself
- Denied or terminated benefits. Getting benefits reinstated is exactly what the statutory fee is designed for.
- Underpaid weekly rate. Adjusters routinely miss overtime, second-job wages, and discontinued fringe benefits. Fixing the rate compounds every week going forward.
- IME scheduled or completed. IMEs almost always precede a benefit cutoff. Get in front of it.
- Redemption offer on the table. Never accept a lump-sum offer without an independent valuation.
- Third-party angle. A related civil claim against a driver, contractor, or equipment maker can dramatically exceed the comp benefits.
- Retaliation. Firing or discrimination after filing a claim is illegal under MCL 418.301(13) and often opens a separate lawsuit.
Free consultation. Statutory fee. No recovery, no fee.
Call Jay Trucks & Associates for a no-obligation review of your Michigan workers' comp claim. We'll walk you through the fee, the costs, and what to expect — before you commit to anything.