Establishes 21st Century Injured Workers' Access to Justice Act.
The bill is likely to have significant implications for the workers' compensation landscape in New Jersey. By enabling attorneys to charge a higher percentage as a contingency fee, it aims to reflect the increased complexity and demands of representing injured workers. This adjustment could potentially improve access to legal representation for those who might otherwise forgo it due to financial concerns regarding attorney fees, ultimately benefiting injured workers seeking justice in compensation claims for medical treatment and disability benefits.
Assembly Bill A2887, known as the 21st Century Injured Workers' Access to Justice Act, seeks to amend the existing workers' compensation law in New Jersey concerning the cap on contingency fees for attorneys representing injured workers. The bill proposes raising the maximum contingency fee from 20% to 25% of the awarded benefits or settlements, thereby allowing attorneys to receive higher fees for their services. This change is aimed at compensating attorneys for the increased duties they have taken on due to legislative and regulatory changes affecting the workers' compensation system.
However, the bill is not without contention. Critics may argue that increasing contingency fees could result in higher costs passed on to employers or insurance carriers, potentially affecting the overall workers' compensation system's viability. The balance of ensuring that injured workers receive fair representation while managing the financial implications of increased attorney fees is a point of debate. Additionally, some stakeholders may worry that the changes could lead to less predictability in costs related to claims processing.
The intent behind A2887 includes addressing the recent ruling in the case of Garzon v. Morris County Golf Club, which highlighted disparities in how counsel fees were awarded in workers' compensation cases. This bill responds to those concerns, advocating for a more equitable system for compensating legal counsel while reinforcing the rights of injured workers to access necessary benefits.