Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%

On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law. 

Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%. 

This Bill amends the statute to raise the attorney fee cap in workers’ compensation cases to 25%. This also affects fees on motions for medical/temporary benefits and permanency awards. 

The rationale behind the amendment was that the 20% fee cap did not account for the additional and increasing duties of workers’ compensation attorneys since the cap was established in 1927.

This amendment is effective immediately and applies to all claims pending on or after enactment of the Bill. As such, any fees awarded on motions and permanency awards may be subject to this increased fee cap as of August 22, 2024. However, workers’ compensation judges still have discretion on all fees. 

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