Revised Code of Washington

Wash. Rev. Code § 51.52.120 (2026)

✓ current as of May 2026

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(1) Except for claim resolution settlement agreements, it shall be unlawful for an attorney engaged in the representation of any worker or beneficiary to charge for services in the department any fee in excess of a reasonable fee, of not more than thirty percent of the increase in the award secured by the attorney's services. Such reasonable fee shall be fixed by the director or the director's designee for services performed by an attorney for such worker or beneficiary, if written application therefor is made by the attorney, worker, or beneficiary within one year from the date the final decision and order of the department is communicated to the party making the application.

(2) If, on appeal to the board, the order, decision, or award of the department is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained by the board, the board shall fix a reasonable fee for the services of his or her attorney in proceedings before the board if written application therefor is made by the attorney, worker, or beneficiary within one year from the date the final decision and order of the board is communicated to the party making the application. In fixing the amount of such attorney's fee, the board shall take into consideration the fee allowed, if any, by the director, for services before the department, and the board may review the fee fixed by the director. Any attorney's fee set by the department or the board may be reviewed by the superior court upon application of such attorney, worker, or beneficiary. The department or self-insured employer, as the case may be, shall be served a copy of the application and shall be entitled to appear and take part in the proceedings. Where the board, pursuant to this section, fixes the attorney's fee, it shall be unlawful for an attorney to charge or receive any fee for services before the board in excess of that fee fixed by the board.

(3) For claim resolution settlement agreements, fees for attorney services are limited to fifteen percent of the total amount to be paid to the worker after the agreement becomes final. The board will also decide on any disputes as to attorneys' fees for services related to claim resolution settlement agreements consistent with the procedures in subsection (2) of this section.

(4) In an appeal to the board involving the presumption established under RCW 51.32.185, the attorney's fee shall be payable as set forth under RCW 51.32.185.

(5) Any person who violates this section is guilty of a misdemeanor.

[ 2021 c 89 s 6; 2011 1st sp.s. c 37 s 304; 2007 c 490 s 3; 2003 c 53 s 285; 1990 c 15 s 1; 1982 c 63 s 22; 1977 ex.s. c 350 s 81; 1965 ex.s. c 63 s 1; 1961 c 23 s 51.52.120. Prior: 1951 c 225 s 16; prior: 1947 c 246 s 3; Rem. Supp. 1947 s 7679-3.]

Notes:

Effective date—2021 c 89: See note following RCW 42.56.230.

Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.

Notes of Decisions

Cited in 13 cases (4 in the last 5 years), 1956–2025 · leading case: Brand v. Dept. of Labor & Indus., 989 P.2d 1111 (Wash. 1999).

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Brand v. Dept. of Labor & Indus., 989 P.2d 1111 (Wash. 1999). · cites it 2× “For example, RCW 51.52.120(1) limits attorney fees awarded for a worker who prevails before the Department to "thirty percent of the increase in the award secured by the attorney's services.”

Brand v. Dep't of Labor & Indus., 139 Wash. 2d 659 (Wash. 1999). · cites it 2× “For example, RCW 51.52.120(1) limits attorney fees awarded for a worker who prevails before the Department to “thirty percent of the increase in *670 the award secured by the attorney’s services.”

Coppernoll v. Reed, 119 P.3d 318 (Wash. 2005). “005 (mandating how a judge shall determine the reasonableness of attorneys' fees in tort actions); RCW 51.52.120 (limiting attorneys' fees in representing a worker before the Industrial Insurance Department).”

Singletary v. Manor Healthcare Corp., 271 P.3d 356 (Wash. Ct. App. 2012). · cites it 2× “*788 ATTORNEY FEES ¶25 Lastly, Singletary requests fees and costs under RCW 51.52.120. But RCW 51.52.120 governs fee award requests before the Board itself, not following review by the superior or appellate courts.”

Harbor Plywood Corp. v. Dep't of Labor & Indus., 295 P.2d 310 (Wash. 1956). “” RCW 51.52.120 (Laws of 1951, chapter 225, § 16, p.”

Regnier v. Dep't of Labor & Indus., 749 P.2d 1299 (Wash. 1988). “Only two Washington statutes mention attorney fees incurred in establishing industrial insurance claims: RCW 51.52.120, which states that the department may determine what is a reasonable fee for a lawyer to charge a claimant for assistance in establishing an industrial…”

Belling v. Wash. State Emp't SEC. Dep't, 427 P.3d 611 (Wash. 2018). · cites it 4× “It is funded separately from the unemployment fund, mostly by federal dollars and state general funds.”

Borenstein v. Dep't of Labor & Indus., 306 P.2d 228 (Wash. 1957). “That is not to say that the attorney’s fee may not be charged against an injured workman, personally, for services rendered before the department or board where some relief is secured for the workman as a result of the attorney’s services.”

Larry Spohn, V. Dep't Of Labor & Indus. (Wash. Ct. App. 2021). · cites it 5× “RCW 51.52.120. Our role is to review the superior court’s decision.”

Dirk E. Christiansen, V. Wa Dept Of Labor & Indus. (Wash. Ct. App. 2023). · cites it 4× “Generally, if “on appeal to the board,” the Department’s decision “is reversed or modified and additional relief is granted to a worker or beneficiary,” or a worker’s “right to relief is sustained by the board,” then “the board shall fix a reasonable fee for the services of [the…”

Richard Boyd, V City Of Olympia (Wash. Ct. App. 2017). “ATTORNEY FEES Boyd requests an award of attorney fees and costs incurred at all levels of appeal under former RCW 51.52.120(2) (2007); RCW 51.52.130(1).”

Zbigniew M. Laskowski v. Dep't of Labor & Indus. (Wash. Ct. App. 2025). “1; RCW 51.52.120. A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.”

Show all 13 citing cases →

— Wash. Rev. Code § 51.52.120(1) — 2 cases

Brand v. Dept. of Labor & Indus., 989 P.2d 1111 (Wash. 1999). “For example, RCW 51.52.120(1) limits attorney fees awarded for a worker who prevails before the Department to "thirty percent of the increase in the award secured by the attorney's services.”

Brand v. Dep't of Labor & Indus., 139 Wash. 2d 659 (Wash. 1999). “For example, RCW 51.52.120(1) limits attorney fees awarded for a worker who prevails before the Department to “thirty percent of the increase in *670 the award secured by the attorney’s services.”

— Wash. Rev. Code § 51.52.120(2) — 5 cases

Dirk E. Christiansen, V. Wa Dept Of Labor & Indus. (Wash. Ct. App. 2023). “Generally, if “on appeal to the board,” the Department’s decision “is reversed or modified and additional relief is granted to a worker or beneficiary,” or a worker’s “right to relief is sustained by the board,” then “the board shall fix a reasonable fee for the services of [the…”

Larry Spohn, V. Dep't Of Labor & Indus. (Wash. Ct. App. 2021). “RCW 51.52.120. Our role is to review the superior court’s decision.”

— Wash. Rev. Code § 51.52.120(4) — 1 case

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