Hiring a Workers' Compensation Lawyer in Louisiana
The limits on workers' comp lawyer fees in Louisiana, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Louisiana: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be in a writing signed by the client, and the client must get a copy or duplicate original when it is signed. It must state how the fee is figured, including percentages on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, whether expenses come out before or after the fee is calculated, and any expenses the client owes whether or not they win. At the end, the lawyer must give a written statement of the outcome and the client's share. Contingent fees are banned for criminal defendants and for domestic relations fees contingent on a divorce or the amount of alimony, support or property settlement. |
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| If you disagree with a lawyer's bill | The Louisiana State Bar Association's Lawyer Fee Dispute Resolution Program handles minor attorney fee disputes between lawyers and clients (or between lawyers) through volunteer arbitrators. The LSBA charges a nominal administrative fee and may decline disputes that are too complex, involve many issues or parties, are pending elsewhere, or fall under a statutory scheme such as succession or workers' compensation. LSBA staff cannot give legal advice. Contact: (504) 619-0153 or (504) 619-0143. |
| If a lawyer takes your money | The LSBA Client Assistance Fund compensates clients who lose money or property due to a lawyer's dishonest conduct (not incompetence or failure to act), reimbursing up to $50,000 for thefts by a lawyer; interest and consequential damages are not paid, and fees are reimbursable only in limited cases, such as when the lawyer did no work. You must show the money or property reached the lawyer. Applying is free and no lawyer is needed; deadlines apply, so apply promptly. The fund also advises filing a complaint with the Office of Disciplinary Counsel. Contact: 601 St. Charles Ave., New Orleans, LA 70130-3427; (504) 566-1600 or (800) 421-5722, ext. 107. |
Louisiana rules to know first
| Lawyer fee limits | An attorney's fee for representing an injured employee may not exceed 20% of the amount recovered, and attorney fee claims are not enforceable unless reviewed and approved by a workers' compensation judge. Source: La. R.S. 23:1141 |
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| Deadline to file a claim | A formal claim (Form LWC-WC 1008, Disputed Claim for Compensation) generally must be filed within one year after the accident or death, unless the parties have agreed on payments. If weekly benefits were paid, the deadline is one year after the last payment (three years after the last payment for supplemental earnings benefits). If the injury develops later, the deadline is one year from when it develops, but no later than three years after the accident. Medical benefit claims must be filed within one year after the accident, or within three years after the last medical payment if the employer paid medical bills. A claim mailed on or before the deadline is timely. OWCA states that occupational disease claims may be filed up to one year from when the worker knew of the disease, the related disability, or reasonably believed it was work-related, whichever is last. Source: La. R.S. 23:1209 |
| Deadline to challenge a denial | When a bona fide dispute arises (for example, a denied claim), the worker or employer files a claim with the Office of Workers' Compensation Administration on its form; the claim must generally be filed within one year after the accident, or within one year after the last compensation payment if payments were made. The workers' compensation judge's decision is final unless appealed to the circuit court of appeal: a suspensive appeal must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later. R.S. 23:1310: https://legis.la.gov/legis/Law.aspx?d=83485 ; R.S. 23:1209: https://legis.la.gov/legis/Law.aspx?d=83443 . Under R.S. 23:1310.5, the appeal goes to the circuit court of appeal. |
| Can you sue your employer? | Workers' compensation is the worker's exclusive remedy against the employer, any principal, and their officers, directors, stockholders, partners and employees, including punitive damages, unless another statute expressly creates a right to sue. The main exception is an intentional act: the employer's civil and criminal liability for an intentional act is not affected. Officers, co-employees and others are also not immune if they were not acting in the normal course and scope of their employment at the time of the injury. Source: La. R.S. 23:1032(A), (B), (C) |
| Suing someone other than your employer | A worker who receives compensation may also sue a third person whose fault caused the injury. The employer or insurer that paid compensation may sue the third person to recover what it paid; whichever side files suit must promptly notify the other in writing, and the other may join the case. From any recovery, the employer is reimbursed first for compensation actually paid, and its credit against future benefits is reduced by the worker's attorney fees and costs. A worker who settles with the third person without notifying the employer or insurer and getting its written approval forfeits future compensation, including medical benefits. R.S. 23:1102: https://legis.la.gov/legis/Law.aspx?d=83362 ; R.S. 23:1103: https://legis.la.gov/legis/Law.aspx?d=83363 |
| Filing a claim online | Workers' compensation in Louisiana is overseen by the Louisiana Workforce Commission's Office of Workers' Compensation Administration. If a problem with your employer or its insurer is not resolved, contact your nearest Workers' Compensation District Office and file a Disputed Claim for Compensation (Form LW-WC-1008); disputes are handled as administrative proceedings through one of ten district offices. You are not required to have an attorney. The First Report of Injury (FROI) is filed electronically through the agency's EDI system (laworksedi.info) by registered trading partners. General phone (225) 342-3111; TDD (800) 259-5154. |
Find and check a lawyer
| Lawyer referral service | The Louisiana State Bar Association's Find Legal Help portal does not describe a statewide LSBA referral line; its Find an Attorney directory can locate a local lawyer referral program for certain cities, and its Modest Means Directory lists attorneys who charge reduced fees to people who meet income requirements. LSBA phone: (800) 421-LSBA (5722) or (504) 566-1600. |
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| Check that the lawyer is licensed | The Louisiana Attorney Disciplinary Board's lawyer search lets you look up attorneys by name, city and status. Each result shows the date admitted, a status code (such as ELIG for eligible to practice, SUS suspended, DIS disbarred, INA inactive), public disciplinary actions with dates, and current administrative status. It does not show complaints, investigations or private discipline; full disciplinary history can be requested separately. Discipline history request: https://www.ladb.org/Account/DataRequest.aspx |
| Check discipline history or file a complaint | Complaints about Louisiana lawyers must be in writing to the Office of Disciplinary Counsel (ODC), using the Ethical Conduct Complaint Form or a letter describing what the lawyer did or failed to do, with the lawyer's contact details, dates and copies of documents. Mail to ODC, 4000 S. Sherwood Forest Blvd., Suite 607, Baton Rouge, LA 70816; phone (225) 293-3900 or (800) 326-8022. Anyone may file. ODC screens the complaint, may send it to the lawyer for a response (which you usually see), and may dismiss, issue a private admonition or file formal charges. You may appeal a dismissal in writing within 30 days. |
Free legal help
| Free legal aid | Louisiana's LSC-funded legal aid organizations, Acadiana Legal Service Corporation and Southeast Louisiana Legal Services, give free civil legal help to eligible low-income people. The LSBA also points people to the Louisiana Civil Legal Navigator (free legal information, court forms and legal aid referrals), LA.FreeLegalAnswers.org (online answers from volunteer attorneys for eligible adults), LouisianaLawHelp.org, and court self-help centers. LSBA page: https://www.lsba.org/goto/FindLegalHelp |
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All legal help in Louisiana · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.