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 introduces specific fee structures for medical witnesses, allowing for higher compensation for evaluating and treating physicians based on their roles in providing medical opinions and testimony. Additionally, it stipulates that awarded counsel fees will not be deducted from the petitioner's recovery for medical treatment or temporary total disability benefits, ensuring that injured workers retain the full amount of these 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 fee structure, the bill acknowledges the increased responsibilities placed on attorneys for injured workers due to changes in statutory and regulatory frameworks. The intent is to facilitate access to justice for injured workers by ensuring that their legal representation is adequately compensated while protecting their rights to essential 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.