New Jersey Assembly Bill A3986

New Jersey 2024-2025 Regular Session

• Introduced: 3/7/24
• Refer: 3/7/24
• Report Pass: 5/16/24

Caption

Revises workers' compensation law to increase contingency attorney fee cap in contingency case from 20 percent to 25 percent.

Impact

If enacted, A3986 will represent a significant shift in the financial dynamics of workers' compensation claims. By increasing the cap on contingency fees, the bill is expected to incentivize more lawyers to take on cases for injured workers, potentially improving access to legal representation. This could be particularly impactful for individuals who may not have the resources to pay legal fees upfront. However, it also raises concerns regarding the overall costs of claims and insurance, as higher attorney fees could translate to increased expenses for employers and their insurance carriers.

Summary

Assembly Bill A3986 aims to amend the existing workers' compensation law in New Jersey by increasing the cap on attorney contingency fees in such cases from 20% to 25% of the award received by the claimant. This change acknowledges the increased responsibilities and complexities that attorneys face when representing injured workers in the claims process. The bill is intended to provide fairer compensation for attorneys, allowing them to account better for the demands of their services and the risks involved in taking on cases that may not guarantee a fee unless successful.

Contention

The bill has generated debates regarding the implications of raising attorney fees in workers' compensation cases. Proponents argue that it is necessary to ensure that lawyers can adequately represent their clients and that the previous cap did not reflect the complexity of cases seen today. On the other hand, opponents may express concerns that such increases could lead to inflated costs in the workers' compensation system, potentially burdening both employers and the insurance framework. As discussions develop, key stakeholders will likely analyze the balance between fair representation and the integrity of the workers' compensation system.