New Jersey Second Injury Fund: What To Know

Injured workers in New Jersey often find themselves overwhelmed with paperwork, terminology and different types of compensation for the injuries they have suffered. One subject that may arise is the New Jersey Second Injury Fund. But what is it and how does it benefit workers? At the Law Office of Jack L. Stillman, P.A., in Manalapan, we have years of experience handling workers' compensation cases and issues related to the Second Injury Fund. Our firm takes the time to explain everything to you so you know your rights are protected.

What Is The Second Injury Fund?

The Workers' Compensation Act established a special fund (the Second Injury Fund) that enables the New Jersey Department of Labor to collect a surcharge on workers' comp insurance policies that are issued in New Jersey.

How Does This Fund Benefit Employers?

The money gathered as a result of the surcharge then is deposited into the fund in order to decrease the employer's expense of second work injuries, and encourages employers to hire workers who have been previously injured or disabled.

How Does The Fund Benefit Employees?

Many decades ago, before the Americans with Disabilities Act (ADA) was passed, it was not illegal for employers to discriminate against disabled and previously injured people. The Second Injury Fund was established before the creation of the ADA, giving all employees injured, disabled or not the chance at gaining meaningful employment.

When Does The Fund Pay?

There are three specific conditions that must be met in order for the fund to distribute money:

  • The individual claimant has a total disability.
  • The claimant had a documented disability before coming to the job.
  • The previous disability, in addition to the most recent work injury, now leave the claimant with a total disability.

The fund payments then continue for the rest of the claimant's life, starting once the employer's contributions have been used up.

Get More Information About Your Rights After A Workplace Accident

For more information about how we handle workers' compensation cases and New Jersey Second Injury Fund matters, call a lawyer at the Law Office of Jack L. Stillman, P.A., at 732-333-8942. Our attorney can also be reached through our online form. We represent clients in Monmouth County, Middlesex County and throughout the state.