New Jersey Assembly Bill A5353

New Jersey 2022-2023 Regular Session

• Introduced: 3/30/23
• Refer: 3/30/23
• Failed: 6/22/23

Caption

Increases attorney fee in workers' compensation cases.

Impact

The enactment of A5353 will directly impact the compensation structure in workers' compensation cases, especially for claims involving injuries or occupational diseases. By raising the attorney fee cap, the bill intends to ensure that legal representation remains accessible for injured workers who may struggle to afford legal services on an hourly basis. The intent is to encourage more attorneys to take on such cases, thereby enhancing the representation of injured individuals seeking compensation for medical treatment and lost wages.

Summary

Assembly Bill A5353 proposes significant changes to the workers' compensation law in New Jersey by adjusting the cap on attorney fees. The bill aims to increase the maximum attorney fee award from 20 percent to a nondiscretionary standard of 25 percent for prevailing parties in workers' compensation cases. This adjustment applies to various orders, including those for medical benefits and temporary disability benefits. The aim of the bill is to provide a more favorable outcome for injured workers and incentivize attorneys to represent their interests actively.

Contention

While supporters of A5353 argue that it will empower injured workers by ensuring they have adequate legal representation, opponents may raise concerns regarding the potential financial burden on employers. Critics argue that increasing attorney fees could lead to larger payouts in workers' compensation cases and may incentivize excessive claims or litigation. The discussions around the bill might also reflect broader debates about the balance between protecting workers' rights and the financial implications for businesses operating in the state.