Limitations of the Second Injury Fund
The Second Injury Fund was enacted in 1923 to encourage employers to hire previously disabled workers. Employers who are now totally disabled, who had a measurable disability prior to coming to their current employment, and who are now totally disabled as a result of a combination of the prior disability and the current work-related disability are entitled to additional compensation under the Second Injury Fund.
However, like all other programs, there are certain limitations to the application of the Second Injury Fund.
3 Original Limitations
When the Second Injury Fund was originally established, the following three limitations would preclude compensation:
- Where the current work-related injury would in and of itself, irrespective of the previous non-compensable injury, constitutes total and permanent disability;
- If the non-compensable medical condition is not aggravated or accelerated, but is rather progressive and thus results in total disability; and
- If the injured individual becomes permanently totally disabled as a result of a progressive physical deterioration or a pre-existing medical condition.
Affect of the Workers’ Compensation Reform Act of 1980
The Workers’ Compensation Reform Act of 1980 deleted the second limitation to the Second Injury Fund. This change enables workers to take advantage of the fund despite the fact that their second injury was aggravated or accelerated by their pre-existing or prior medical condition.
Contact an Experienced New Jersey Workers’ Compensation Attorney
For more information about the limitations of the Second Injury Fund, call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
We will schedule a complimentary consultation with one of our experienced New Jersey workman’s compensation lawyers to provide you with the information you need and assist you in getting the maximum benefits to which you are entitled. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to better serve you.