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Workers’ compensation: what is the Second Injury Fund?

April 01, 2022
Second Injury Fund

Any employee can be at risk of sustaining an injury while at work. Though some jobs and industries are more dangerous than others, no one is completely safe all of the time. Fortunately, workers’ compensation is available when injuries occur and most people are familiar with the basics of how it works. But you probably haven’t heard of the Second Injury Fund.

The Second Injury Fund explained

New Jersey wanted to encourage employers to hire individuals with a previously existing disability. The Second Injury Fund was created to further this goal. It’s targeted at employees who have already suffered a debilitating injury or condition but who choose to continue working. The previous injury does not have to be work-related – it can be any disability.

The Second Injury Fund is a resource additional to workers’ compensation and is not paid by the employer. Should a disabled employee suffer an injury while at work, and become permanently disabled as a result, this is when the Second Injury Fund is implicated. The employee will still collect workers’ compensation benefits like any other person. However, once those benefits run out, they may continue to collect benefits from the Second Injury Fund – potentially for the remainder of their life.

Second Injury Fund benefits do not run concurrently with workers’ compensation. They only begin after workers’ compensation benefits have ended. It’s important to note that collecting Social Security Disability benefits can offset funds received from the Second Injury Fund. And the existence of the previously existing disability can complicate exactly how much is awarded through workers’ compensation. If you are disabled and suffer a work-related injury, seek the assistance of a knowledgeable professional to help you navigate the process.

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Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Representative Cases

Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

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