The 21st Century Injured Workers Access to Justice Act amends New Jersey's workers' compensation law, specifically R.S.34:15-64, to increase the cap on contingency fees for attorneys representing injured workers from 20% to 25% of the judgment. The bill also allows for a reasonable attorney fee not exceeding 25% of the judgment and introduces specific fee structures for medical witnesses, including a maximum of $1,000 for evaluating physicians and varying fees for treating physicians based on their involvement in the case. Additionally, the bill stipulates that awarded counsel fees will not be deducted from the petitioner's recovery for medical treatment or temporary total disability benefits.
This legislation aims to address the ruling in the case of Garzon v. Morris County Golf Club, which highlighted the need for clarity in the award of counsel fees within the workers' compensation system. By revising the contingency fee cap and expanding its application to include medical and temporary disability benefits, the bill seeks to ensure that attorneys are fairly compensated for their efforts in securing essential benefits for injured workers. The changes reflect the increased responsibilities placed on attorneys due to evolving statutory and regulatory requirements, thereby reinforcing the rights of injured workers to access justice and necessary benefits.