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C. D. McHugh | Aug 22, 2024

Scutari signs bill increasing worker's comp attorney fee cap

TRENTON – Acting Governor Nicholas Scutari signed S2822/A3986 today, raising the attorney fee cap in workers’ compensation cases from 20 percent to 25 percent. This amendment modifies existing statute R.S.34:15-64.

Attorneys representing injured workers are typically compensated on a contingency fee basis. The previous 20 percent cap did not reflect the additional responsibilities that workers' compensation attorneys have had to manage since its establishment in 1927.

“We are committed to protecting New Jersey’s workers and ensuring fair wages,” said Acting Governor Nicholas Scutari. “Today’s legislation makes a meaningful adjustment to the contingency attorney fee cap, ensuring fair compensation for attorneys and providing workers with the accessible, quality legal representation they deserve.”

The five percent increase acknowledges the additional workload of New Jersey’s contingency attorneys without excessively burdening workers who are dealing with illness or injury with legal expenses.

The primary sponsors of S2822/A3986 include Senator Joseph Lagana and Assemblymen Anthony Verrelli and Robert Karabinchak.

“The hours and labor put in by modern-day workers’ compensation attorneys has become increasingly complex, which requires these attorneys, in addition to their normal legal and courtroom duties, to also acquire special knowledge in any number of new areas, including the medical field, and also be versed in the gathering of demonstrative evidence to prove their clients' claim,” said Senator Joseph Lagana. “This legislation slightly raising the cap on attorneys’ contingency fees in these cases will allow for more flexibility in the service of their clients and allow for better and more comprehensive representation.”

“Employees deserve attorneys who stand by them and champion their rights during their time of need,” said Assemblyman Anthony Verrelli. “The passage of this law reinforces the value of legal representation for workers, ensuring attorneys who work for injured individuals are fairly compensated for their efforts.”

“Workers who are injured on the job need attorneys who will fight to ensure they receive adequate compensation for their pain and suffering,” said Assemblyman Robert Karabinchak. “The law’s revision of the contingency fee cap takes into account statutory changes that have resulted in increased duties of attorneys representing injured workers.”

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