Generally you do not have to pay an attorney up front to handle your case. Some attorneys will take an injured workers case without requiring a retainer. You should discuss fees with the attorney you hire. If you get an attorney the law requires that the insurer pay the attorney's fee if you win your case. In certain cases the insurer can reduce your payments to help pay for your legal representation. If you lose, the attorney can charge you only for very specific expenses, for example: copies, travel expenses, subpoena costs, etc.