Second Injury Fund: Employer Credit for Prior Non-Compensable Injury of an Employee

The goal of the Second Injury Fund was to encourage employers in hiring an individual with a prior injury or disease. However, despite the success of the Fund, there was still considerable risk in hiring the partially disabled worker in those instances where the program did not apply. In 1980, the section governing the Second Injury Fund was amended to address this issue.

The Details of the Amendment

The Employer Credit Under the 1980 Reform Act gave employers credit for the prior non-compensable injury, which an employee had brought to the job. This alleviated the burden on employers in paying outstanding settlements for injuries in which they had no role and removed the windfall employees were receiving on otherwise non-compensable injuries.

In other words, the amendment extends credit to employees for only those injuries that are attributable to work-related accidents. The public policy reasoning behind this amendment is to further encourage employers to hire the disabled because they will no longer be in fear of having to pay for previous, non-compensable injuries suffered by an employer.

If you have been injured while on the job and have had a previous non-compensable injury, your New Jersey workers’ compensation injury lawyer will help you determine how much compensation you are entitled to under the Second Injury Fund, despite the 1980 Reform Act.

Contact an Experienced New Jersey Workers’ Compensation Attorney

For more information about receiving compensation under 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.

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