A:Regardless of whether or not your construction accident involves workers’ comp or a third-party injury lawsuit, you will pay no upfront legal fees when you hire an attorney in California. Instead, your construction accident lawyer will take a percentage of the final settlement or verdict awarded for your case. The average contingency fee for workers comp is between 9% and 12%, while personal injury contingency fees are usually around 30%. However, each lawyer sets their own contingency fee which may not match these figures. Please discuss the details of the contingency fee with your attorney.