Code of Alabama
Ala. Code § 25-5-90 (2026)
Proceedings for Determination of Disputed Claims for Compensation - Attorney’s Fees.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Unless otherwise provided in this chapter, no part of the compensation payable under this article and Article 4 of this chapter shall be paid to an attorney for the plaintiff for legal services, unless upon the application of the plaintiff, the judge shall order or approve of the employment of an attorney by the plaintiff; and in such event, the judge, upon the hearing of the complaint for compensation, either by law or by settlement, shall fix the fee of the attorney for the plaintiff for his or her legal services and the manner of its payment, but the fee shall not exceed 15 percent of the compensation awarded or paid.
(b) All expenses of litigation and attorney’s fees charged by any attorney in any representation under this chapter while representing any employer, insurance company, or self-insurer shall be reported to the Department of Labor.
(Acts 1919, No. 245, p. 206; Code 1923, §7542; Acts 1939, No. 661, p. 1036, §1; Code 1940, T. 26, §261; Acts 1949, No. 36, p. 47, §1; Acts 1992, No. 92-537, p. 1082, §30.)
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1979–2025 · leading case: Bruno's, Inc. v. Killingsworth, 879 So. 2d 561 (Ala. Civ. App. 2002).
Bruno's, Inc. v. Killingsworth, 879 So. 2d 561 (Ala. Civ. App. 2002). “' Ala.Code 1975, § 25-5-90 (emphasis added).”
Fort James Operating Co. v. Thompson, 871 So. 2d 44 (Ala. Civ. App. 2002). “See Ala.Code 1975, § 25-5-90. Further, § 25-5-59(b) provides for a 15% penalty "[i]f any installment of compensation payable is not paid without good cause within 30 days after it becomes due.”
Second Injury Trust Fund v. Stanton, 512 So. 2d 1377 (Ala. Civ. App. 1987). “Therefore, it would appear that, if any attorney fees are allowed under this statute, it would be pursuant to Ala.Code (1975), § 25-5-90. Section 25-5-90 relates to the award of attorney fees in workmen's compensation cases.”
Smith v. Michelin North Am., Inc., 785 So. 2d 1155 (Ala. Civ. App. 2000). “However, in this present workers' compensation case the award of an attorney fee is mandated by § 25-5-90, Ala.Code 1975. Therefore, any finding on the question whether the attorney fee award is supported by the evidence is irrelevant.”
Lewis G. Reed & Sons, Inc. v. Wimbley, 533 So. 2d 628 (Ala. Civ. App. 1988). “See Ala.Code 1975, § 25-5-90. The trial court found that Wimbley reached maximum medical improvement on November 28, 1986, and that he was entitled to temporary total disability benefits from March 31, 1986, through November 28, 1986, in the amount of $4,959.”
Middleton v. Dan River, Inc., 617 F. Supp. 1206 (M.D. Ala. 1985). “The cotton workers also seek an award of attorney fees according to 1975 Ala. Code § 25-5-90 with any prospective amount awarded in a present value lump sum.”
Osorio v. K & D Erectors, Inc., 882 So. 2d 347 (Ala. Civ. App. 2003). “Section 25-5-90, Ala.Code 1975, provides, in part: "(a) Unless otherwise provided in this chapter, no part of the compensation payable under this article and Article 4 of this chapter shall be paid to an attorney for the plaintiff for legal services, unless upon the application…”
Free v. Lasseter, 31 So. 3d 85 (Ala. 2009). “58 [judgment] without her knowledge; the fact that the settlement presented to her amounted to less than half the Trial Court’s judgment; that she was earning 12% interest on that judgment; that Defendants’ attorney’s fee charged was in violation of *87 Ala. Code 1975, §…”
Argo Const. Co. v. Rich, 603 So. 2d 1078 (Ala. Civ. App. 1992). “As noted by the trial judge in Cowgill , § 25-5-90, Code 1975, provides that legal fees shall not exceed 15% of the compensation awarded, and § 25-5-1(1) specifically excludes medical expenses from the definition of "compensation.”
Ryals v. City of Montgomery, 773 So. 2d 1007 (Ala. Civ. App. 1998). “The trial court awarded Ryals a lump sum judgment under the Workers’ Compensation Act and pursuant to § 25-5-90, Ala.Code 1975, awarded Walden 15% of that judgment.”
Sokoll v. Humphrey, Lutz & Smith, 380 So. 2d 845 (Ala. 1980). “The two petitions present two issues: (1) Does Code 1975, § 25-5-90 prohibit reimbursement of necessary and reasonable expenses of litigation advanced by an attorney in the successful prosecution of a workmen’s compensation claim out of the client’s award of compensation in…”
Miller & Miller Constr. Co. v. Madewell, 920 So. 2d 571 (Ala. Civ. App. 2005). “Moreover, the trial court’s award is referable neither to a contempt judgment nor to a judgment awarding workers’ compensation benefits to the employee so as to invoke the trial court’s power, under § 25-5-90(a), Ala.Code 1975, to award a fee ‘not exceeding] 15 percent of the…”
— Ala. Code § 25-5-90(a) — 7 cases
Bruno's, Inc. v. Killingsworth, 879 So. 2d 561 (Ala. Civ. App. 2002). “' Ala.Code 1975, § 25-5-90 (emphasis added).”
Smith v. Michelin North Am., Inc., 785 So. 2d 1155 (Ala. Civ. App. 2000). “However, in this present workers' compensation case the award of an attorney fee is mandated by § 25-5-90, Ala.Code 1975. Therefore, any finding on the question whether the attorney fee award is supported by the evidence is irrelevant.”
Osorio v. K & D Erectors, Inc., 882 So. 2d 347 (Ala. Civ. App. 2003). “Section 25-5-90, Ala.Code 1975, provides, in part: "(a) Unless otherwise provided in this chapter, no part of the compensation payable under this article and Article 4 of this chapter shall be paid to an attorney for the plaintiff for legal services, unless upon the application…”
Miller & Miller Constr. Co. v. Madewell, 920 So. 2d 571 (Ala. Civ. App. 2005). “Moreover, the trial court’s award is referable neither to a contempt judgment nor to a judgment awarding workers’ compensation benefits to the employee so as to invoke the trial court’s power, under § 25-5-90(a), Ala.Code 1975, to award a fee ‘not exceeding] 15 percent of the…”
Rush v. East Bay Elec., LLC, 50 So. 3d 1110 (Ala. Civ. App. 2010).
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