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What is the Second Injury Fund?

As you may have discovered when you started receiving workers’ compensation benefits in New Jersey, there is a limit on how long these payments will last. If you have suffered an injury that has made it impossible to work, you may be concerned about what you will do when your employer’s workers’ compensation insurance no longer has to pay.

According to the State of New Jersey’s Department of Labor and Workforce Development, you may qualify for continuing payments from another source if you already had a disability when you began the job. These benefits come from the Second Injury Fund, which was set up for people in circumstances like yours.

Taking a job while receiving payments from this fund affects the total amount you qualify for, and may make you ineligible altogether. However, taking advantage of any job training or educational opportunities that allows you to seek a different job does not necessarily disqualify you. Your wages from your new position would be evaluated as they compare to your earnings before your second disabling injury. You may also be required to have your health condition reevaluated to determine if you are still eligible for permanent and total disability.

Second Injury Fund payments cannot be received concurrently with workers’ compensation benefits, and they do not exceed the amount that you have been receiving from these. This information is provided to give you an idea of how the Second Injury Fund may help you. However, it is general in nature and should not be considered legal advice.

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