HLS 12RS-1116 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 613
BY REPRESENTATIVE JAMES
WORKERS COMPENSATI ON: Provides for approval of attorney fees in workers'
compensation claims
AN ACT1
To amend and reenact R.S. 23:1141(B) and 1143, relative to attorney fees in workers'2
compensation disputes; to provide for the percentage of attorney fees permitted; to3
provide for approval of attorney fees by a workers' compensation judge; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1141(B) and 1143 are hereby amended and reenacted to read as7
follows: 8
§1141. Attorney fees; privilege on compensation awards9
* * *10
B.(1) The fees of an attorney who renders service for an employee coming11
under pursuant to this Chapter shall not exceed twenty percent of the amount12
recovered. 13
(2) The fees of an attorney representing the employer or insurer shall be14
based upon work reasonably necessary to prosecute or defend claims by or against15
the employer or insurer.16
* * *17 HLS 12RS-1116 ORIGINAL
HB NO. 613
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are additions.
§1143. Excessive fees or solicitation of employment; penalty; withholding attorney1
fees; approval by workers' compensation judge2
A. Whoever exacts or receives a fee or gratuity for any services rendered on3
behalf of a claimant for compensation, employer, or insurer, except in the amount4
determined by the workers' compensation judge, or solicits the business of appearing5
before the office on behalf of a claimant, employer, or insurer or makes it a business6
to solicit employment for an attorney in connection with any claim for compensation7
under pursuant to this Chapter, shall be fined not more than five hundred dollars or8
imprisoned for not more than twelve months, or both.9
B.(1) An attorney may withhold, as proposed attorney fees, a sum not to10
exceed twenty percent of all amounts recovered in his trust account which funds11
shall remain the property of the claimant, pending approval of such fees by the12
workers' compensation judge. An attorney representing an employer or insurer may13
withhold, as proposed attorney fees, all amounts received in a trust account pending14
the approval of such reasonable fees by the workers' compensation judge.15
(2) An application for approval of fees shall be filed by the attorney within16
no later than thirty days after the payment of the final weekly benefit, settlement of17
the claim, or payment of the judgment, whichever occurs later. Otherwise the funds18
shall be returned to the claimant, employer, or insurer. Application for approval of19
a reasonable flat fee rate per case may be submitted for approval by the workers'20
compensation judge by the attorney representing employers or insurers.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
James HB No. 613
Abstract: Requires that attorneys representing employers or insurers obtain approval of
reasonable attorney fees.
Present law provides that attorney fees for an attorney who represents an employe e in a
workers' compensation case shall not exceed 20% of the amount recovered, and must be
approved by the workers' compensation judge. HLS 12RS-1116 ORIGINAL
HB NO. 613
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that attorney fees for an attorney who represents the employer or
insurer in a workers' compensation case shall be based upon work reasonably necessary to
prosecute or defend claims.
Present law prohibits the act of rendering services on behalf of a claimant, or soliciting
business for an attorney, for a fee, in connection to any workers' compensation claim and
provides for a fine of not more than $500, or imprisonment for not more than12 months, or
both, for doing so.
Proposed law prohibits the act of rendering services on behalf of a claimant, employer, or
insurer, or soliciting business for an attorney, in connection to a workers' compensation
claim, and provides for a fine of not more than $500, or imprisonment for not more than 12
months, or both, for doing so.
Present law allows an attorney to withhold a sum not to exceed 20% of all amounts
recovered, in his trust account, for attorney fees pending approval of a workers'
compensation judge.
Proposed law retains present law and further provides that the attorney representing the
employer or insurer may hold attorney fees in his trust account pending approval of the
workers' compensation judge.
Present law provides that an application for approval of fees shall be filed by the attorney
within 30 days after the payment of the final weekly benefit, settlement of the claim, or
payment of the judgment, whichever occurs first, and in the absence of such application, the
funds shall be returned to the claimant.
Proposed law provides that no later than 30 days after the payment of funds, the funds shall
be returned to the claimant, employer, or insurer.
Proposed law allows an attorney who represents employers or insurers to apply for approval
from the workers' compensation judge of a reasonable flat rate fee per case.
(Amends R.S. 23:1141(B) and 1143)