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La. Rev. Stat. § 23:1141 (2026)

Attorney fees; privilege on compensation awards

✓ current as of May 2026
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SUBPART G.  ATTORNEYS AND PHYSICIANS

§1141.  Attorney fees; privilege on compensation awards

A.  Claims of attorneys for legal services arising under this Chapter shall not be enforceable unless reviewed and approved by a workers' compensation judge.  If so approved, such claims shall have a privilege upon the compensation payable or awarded, but shall be paid therefrom only in the manner fixed by the workers' compensation judge.  No privilege shall exist or be approved by a workers' compensation judge on injury benefits as provided in R.S. 23:1221(4)(s).

B.  The fees of an attorney who renders service for an employee coming under this Chapter shall not exceed twenty percent of the amount recovered.

Amended by Acts 1958, No. 496, §1; Acts 1980, No. 599, §1; Acts 1983, 1st Ex. Sess., No. 1, §1, eff. July 1, 1983; Acts 1988, No. 938, §1, eff. July 1, 1989; Acts 1989, No. 23, §1, eff. June 15, 1989; Acts 1989, No. 260, §1, eff. Jan. 1, 1990; Acts 1995, No. 609, §1; Acts 1996, 1st Ex. Sess., No. 31, §1, eff. May 1, 1996; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 2004, No. 647, §1, eff. July 5, 2004.

Notes of Decisions
Cited in 157 cases, 1952–2020 · leading case: Banks v. Indus. Roofing & Sheet Metal, 696 So. 2d 551 (La. 1997).
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Banks v. Indus. Roofing & Sheet Metal, 696 So. 2d 551 (La. 1997). · cites it 2× “The provisions of R.S. 23:1141 limiting the amount of attorney's fees shall not apply to cases where the employer or insurer is found liable for attorney's fees under this Section.”
McCarroll v. Airport Shuttle, Inc., 773 So. 2d 694 (La. 2000). · cites it 3× “§ 23:1141, and is not subject to reduction by the amount of contractual attorney's fees.”
Hall v. Pipe Line Serv. Corp., 98 So. 2d 202 (La. 1957). · cites it 6× “Allowing attorney's fees under LSA-R.S. 23:1141. 2. Unfairly averaging the percentage of loss of use or function of the foot by employing the low percentages of disability found by defendants' medical witnesses and the high percentage of plaintiff's doctor.”
Wills v. Solida Const. Co., 543 So. 2d 1365 (La. Ct. App. 1989). · cites it 6× “LSA-R.S. 23:1141 A. After the plaintiff's first attorney withdrew from the case, the plaintiff hired attorney C.”
Brown v. Texas-LA Cartage, Inc., 721 So. 2d 885 (La. 1998). “The provisions of R.S. 23:1141 limiting the amount of attorney fees shall not apply to cases where the employer or insurer is found liable for attorney fees under this Section.”
Langley v. Petro Star Corp. of La., 792 So. 2d 721 (La. 2001). “R.S. 23:1141 places severe limitations on the amount an attorney can charge his client in a workers' compensation case.”
Louisiana State Bar Ass'n v. Alker, 491 So. 2d 1328 (La. 1986). · cites it 5× “Stogner's funds to his own use, Alker was guilty of misconduct [10] and violated four disciplinary rules, as well as LSA-R.S. 23:1141. He collected an excessive fee; [11] attempted to exonerate himself *1330 from liability for personal malpractice; [12] damaged his client during…”
Williams v. Rush Masonry, Inc., 737 So. 2d 41 (La. 1999). “The provisions of R.S. 23:1141 limiting the amount of attorney fees shall not apply to cases where the employer or insurer is found liable for attorney fees under this Section.”
McKinney v. Little, 660 So. 2d 494 (La. Ct. App. 1995). · cites it 5× “R.S. 23:1141 B and ordered the return of that portion of the fee which exceeded that limit.”
Iberia Med. Ctr. v. Ward, 53 So. 3d 421 (La. 2010). “23:1201(1), which provides, in pertinent part: Any employer or insurer who at any time discontinues payment of claims due and arising under this Chapter, when such discontinuance is found to be arbitrary, capricious, or without probable cause, shall be subject to the payment of…”
Johnson v. Monroe Pulpwood Co., Inc., 505 So. 2d 862 (La. Ct. App. 1987). · cites it 2× “As for attorney fees, the trial court awarded the statutory maximum in accordance with R.S. 23:1141 B. [3] There is no authority for additional fees in the absence of proof that the termination is arbitrary, capricious and without probable cause.”
Humphreys v. Marquette Cas. Co., 103 So. 2d 895 (La. 1958). · cites it 2× “" Counsel for plaintiffs further urge that the purpose of the above statute is to prevent attorneys from charging the claimant more than 20% of the award, with a maximum of $1,000, and that this provision is for the protection of the claimant and is not applicable where the…”
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La. Rev. Stat. § 23:1141(A): 3 cases
Ross v. Highlands Ins. Co., 590 So. 2d 1177 (La. 1991).
Gegenheimer v. Cajun Painting, Inc., 689 So. 2d 457 (La. Ct. App. 1996).
In re Bailey, 704 So. 2d 235 (La. 1997).
La. Rev. Stat. § 23:1141(B): 10 cases
McKinney v. Little, 660 So. 2d 494 (La. Ct. App. 1995). “R.S. 23:1141 B and ordered the return of that portion of the fee which exceeded that limit.”
Dowles v. Conagra, Inc., 25 So. 3d 889 (La. Ct. App. 2009).
Gegenheimer v. Cajun Painting, Inc., 689 So. 2d 457 (La. Ct. App. 1996).
Brown v. C & S Wholesale Servs., Inc., 205 So. 3d 958 (La. Ct. App. 2016).
Stewart v. Univ. Hosp., 894 So. 2d 436 (La. Ct. App. 2005).
La. Rev. Stat. § 23:1141(b): 1 case
Stewart v. Univ. Hosp., 894 So. 2d 436 (La. Ct. App. 2005).
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