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 percent to 25 percent of the judgment. The bill also expands the application of this fee to include orders for payment of medical and temporary disability benefits, ensuring that no awarded counsel fee will be deducted from the petitioner's recovery for these benefits. Additionally, the bill stipulates that the judge of workers' compensation will not consider the number of hours worked or the hourly rate when determining the reasonableness of a contingency fee, thereby focusing solely on the value of the judgment awarded.
Furthermore, the bill addresses the ruling in the unpublished case of Garzon v. Morris County Golf Club, which pertains to the basis for awarding counsel fees in the workers' compensation system. It emphasizes the importance of compensating attorneys for the additional duties they have taken on due to changes in statutory and regulatory frameworks. By raising the contingency fee cap and clarifying the allocation of fees, the bill aims to enhance access to justice for injured workers, ensuring they receive the necessary legal support to secure their entitled benefits. The act will take effect immediately and apply to any pending contingency fee determinations by a judge of workers' compensation after the date of enactment.