Second Injury Fund 2018-07-30T17:40:01+00:00

Second Injury Fund

NJ Workers’ Compensation Attorney

The State of New Jersey has established a fund which is intended to insulate employers from responsibility for pre-existing injuries thereby eliminating the disincentive of hiring an employee who has a prior illness or injury.  The New Jersey Second Injury Fund assumes any and all liability for workers compensation benefits attributable to prior injuries or illnesses when a worker subsequently becomes totally disabled as a result of a workplace injury.  The workers compensation lawyers at our NJ law firm, the Law Offices of Jonathan F. Marshall, have the experience and know how to make sure that a Second Injury Fund and related total disability case is properly presented to the Workers Compensation Court and the employers insurer.

The New Jersey Second Injury Fund & Total Disability

The Second Injury Fund only comes into play when an individual is totally disabled and that disability is the result of the combination of at least two events – the current injury and some prior injury or illness.  There are basically three elements which must be established in order to recover from the NJ Second Injury Fund and they are: (1) the injured worker is totally disabled; (2) the disabling event was the result of a valid, timely and compensable New Jersey workplace injury; and (3) a pre-existing injury(s) or illness(es) contributed in  causing the total disability.  The Second Injury Fund takes responsibility for payment of all workers compensation benefits associated with the percentage of disability that was pre-existing.  For example, assume that John Doe is a machinist who previously suffered a heart attack, is diabetic, and also had a shoulder injury eight years ago.  John Doe then sustains an injury to his back while employed by ABC Corporation and is unable to ever return to the work (i.e. is totally disabled).  Chances are that some portion of the total disability is attributable to the pre-existing heart, diabetic, and/or shoulder injury and the Second Injury Fund relieves the employer and/or its workers compensation insurer from responsible for the percentage of total disability caused by the pre-existing illness or injury.  The Second Injury Fund is joined to a NJ workers compensation claim whenever the worker is alleging total disability but possessed a prior illness or injury.

Helping Injured Employees

New Jersey workplace injuries that give rise to Second Injury Fund claims can be very complicated and should only be handled by an experienced workers compensation lawyer in our view.  Every compensation attorney in our NJ office has handled many Second Injury Fund and total disability cases and possesses the knowledge necessary to insurer that a total disability claim succeeds.  One of the lawyers from our firm would be happy to meet with you to discuss your total disability case and the implications of the Second Injury Fund to your workers compensation case.  Please do not hesitate to contact our office as a compensation lawyer is available to immediately assist you.

Do you have a claim against a person other than your employer for an employment-related injury? See Third Party Claims.

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At the Law Offices of Jonathan F. Marshall located in Freehold, Trenton, Toms River, Paterson, New Brunswick, Jersey City, Hackettstown, and Somerville our workers compensation attorneys and staff are committed to helping employees injured on the job, whether as a result of workplace accidents or occupational diseases. If you have been injured in a workplace accident it is important to have a lawyer review your claim to see that you are being treated fairly and to ensure that you receive full compensation for your injury claim. Please call 877-450-8301 or e-mail our office to arrange a free consultation.


Freehold Office
4400 U.S. 9 #1000a
Freehold, NJ 07728
(732) 462-1197

Toms River Office
250 Washington St
Toms River, NJ 08753
(732) 286-6500

New Brunswick Office
75 Paterson St
New Brunswick, NJ 08901
(732) 246-7126

Elizabeth Office
9 Caldwell Pl #12
Elizabeth, NJ 07201
(908) 988-4804

Trenton Office
247 E Front St.
Trenton, NJ 08611
(609) 549-2270

Somerville Office
50 Division St Suite 501
Somerville, NJ 08876
(908) 206-4238

Jersey City Office
160 Greene Street, Harborside Financial Center, Plaza 5
Jersey City, NJ 07302
(201) 309-0500

Newark Office
1 Center St #2600
Newark, NJ 07102
(973) 710-1520

Hackensack Office
411 Hackensack Ave #200
Hackensack, NJ 07601
(201) 429-9783