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  1. #1
    Join Date
    Nov 2009
    Location
    NJ
    Posts
    90

    Default New Jersey Second Injury Fund

    So I went to my lawyer's doctor today for an exam to find out if they are going to classify me as 100% disabled. The exam went well and at the end the doctor said that I am definitely qualified for the Second Injury Fund, however she just has to calculate to see which injury is responsible for what percentage.


    My question is: When does the Second Injury Fund payments start? The date of the doctors visit, the date of the application, or the date it is approved in court?

    Right now I am not even sure if my AA has applied for the Second Injury Fund because he mentioned that he wanted to make sure the doctor felt that I was 100% disabled.

    I did place a call to my AA to let them know the outcome of my visit today.


    browneyes

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: New Jersey Second Injury Fund

    it's the same whether it comes from the carrier or the fund: when your TTD ends.

  3. #3
    Join Date
    Nov 2009
    Location
    NJ
    Posts
    90

    Default Re: New Jersey Second Injury Fund

    Thank you SH!

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: New Jersey Second Injury Fund

    Hi Browneyes ,

    Your SS determination for total disability should be helpful in establishing total disability. You have some waiting to do b4 your SIF begins. However the clock begins for SIF when your TTD ended. SO if it takes them 3 years to conclude your SIF case and you win a fully favorable decision this is what you will get for the duration of your disability: When you subract your SSDI payments from your ACE the remaining balance is paid to you direct from the State in bi weekly checks. If you recall what your TTD was this is what your income will be when you add together your SSDI and SIF. Its like a continuation of your TTD. We should talk about the 450 week review as this is where many lose their benefits, I have some pointers to share with you.

    You may also need to see several Drs for the State including psych evals to see if you react as research indicates how a totally disabled person whould react to stimulas. It will all come down to the last State dr you see. Thats where the bucks stops and a decision is made. This can take years, but just know you will have one nice 1st check.

    This is great news!! I am very happy for you. I knew you could do it. If you get this you will be OK while disabled. I do what to point out that this is NOT an aesy task and be certain this lawyer is up to the task. Im sure this lawyer has done and seen cases like yours and he should have known this was a SIF case from your case file?? Its just an odd way of doing it, as long as he get your SIF benefits thats whats important,

    Good luck

    BUG

  5. #5
    Join Date
    Nov 2009
    Location
    NJ
    Posts
    90

    Default Re: New Jersey Second Injury Fund

    Hi Bug!

    I haven't been paid TTD since early May 2010 which is a long time already!!!! I'm in it for the long haul because unfortunately, I' m only getting worse. More doctors? Well bring them on!

    You are correct in stating that the SSDI helped me and I also had that FCE from a prior injury in my file. There was an Orthopedic doctor sitting in on my exam today also. He basically confirmed what I was saying by the way my body was moving. It's nice when you are shown to be a credible patient. The doctor has done many of these exams for my AA and she was very pleased that everything was in order for my case, making her life a whole lot easier.

    So I have to see a psychiatrist too? Then the Judge still has to say yes?

    Well I will wait as long as I have to because at this point I feel that I deserve everything coming to me due to the deterioration of my body!


    browneyes

  6. #6
    Join Date
    Dec 2011
    Posts
    270

    Default Re: New Jersey Second Injury Fund

    Hi Bugmann and browneyegurl,

    Can you please give a brief description of what SIF is and how SSDI can help getting it?

    Thanks,
    goingback

  7. #7
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: New Jersey Second Injury Fund

    Hi Browneyes, Its nice to hear from you again after all this time, but I knew you were no quitter and this conversation was due eventually. The time has come!! That's the difference between one who is really disabled and unable to work vs someone trying to beat the system. As you have seen this system is set up to see if the IW is willing to lose everything they have worked for to prove their disability. Those who can get up and work will, because its hard to sit by able bodied and watch everything fall apart and only those with no other choice must sit back and hope the JUDGE sees your real truth, and this causes many sleepless nights!

    OK if you still have the TTD stubs from your checks you can figure out exactly how much you are due. WOW May 2010, that's going to be a windfall, less any SS monies awarded but sadly your attorney has the right to take all of his fees for future SIF benefits from this award including monies allocated to pay your last SIF benefit which will terminate at age 62, so much of this award can be sent to your attorney for his fees. In most situations both your WC and the SIF cases will conclude in the same final hearing.

    Yes I imagine your FCE from a prior injury established a measurable amount of impairment which is required to be eligible for SIF, and your work injury simply iced the cake for these benefits, since after your work injury you were found to be totally disabled.

    I had to be examined by at least 20 doctors after I saw the ins carrier's and my lawyer's permanency exam doctors. I am not kidding!!!! When I voiced concern about this to my lawyer all he said was " Dont worry they ALL are helping you" That's easy for him to say when he doesn't need to worry if he will be homeless next month!!!!!!

    Those who are able to fight their way to the end of a WC total disability case are deserving of the Noble Peace Prize for restraining from the use of violence as NJ dishes out their form of employment "justice" regarding injury at work. In the end we still live with the conditions we have, and there is no real compensation other than the return of our health. Until medicine can do that, we will need to use what we have available to us. Remember once approved for SIF this is only a temporary award, that must be validated again before your 450th week. You will need to be preparing for this LONG before this time. Many I have worked with have lost their SIF after 450 weeks because they felt they knew everything once the gavel hit the table?

    It appears all that is left is a little bit of general housekeeping with the court then you will be outta there for good I told you that you could do this, and I understand all the frustration that accompanies this final goal. Real soon you will be able to begin the rest of your life and for that I am so very happy for you. GOOD JOB DEAR!!!

    BUG

    - - - Updated - - -

    Goingback,


    When a worker becomes totally disabled due to work the IW is filing 2 law suits. One for the employer to take liability for only the impairment due to the work injury, and the 2nd is a law suit suing the State of NJ for the SIF benefits. EVen though they are 2 separate matters they do work hand in hand. If the IW doesn't file for SIF the employer can do it for him, as this lowers the employers liability if successful.

    The Second Injury Fund (SIF), which is administered by the Division of Workers’ Compensation, makes benefit payments to injured workers who are totally and permanently disabled as a result of their last work-related injury combined with the workers’ pre-existing disabilities.

    The Second Injury Fund was established to encourage employers to hire disabled workers. The employer only pays for the work related aspect of the total disability award. See more @

    http://lwd.dol.state.nj.us/labor/for...df/scf-103.pdf

    &

    http://lwd.dol.state.nj.us/labor/for...f/scf161_i.pdf

    In order to be eligible for SIF you must have a pre existing condition NOT related to the work injury that has left you totally disabled. How a determination of total disability from the SSA benefits the IW is it establishes total disability with an extremely high burden of prove on the injured worker. Once you have proven your disability its much more difficult for the State to say the record doesn't support total disability for the claimant. IS it absolutely necessary to have a total disability determination from the SSA NO, but in cases without a disability stamp from the SSA are extremely difficult to prove.

    I hope this helps answer your question if not please ask a specific question and I will answer in the greatest detail.



    BUG


    Quote Quoting goingback View Post
    Hi Bugmann and browneyegurl,

    Can you please give a brief description of what SIF is and how SSDI can help getting it?

    Thanks,
    goingback

  8. #8
    Join Date
    Nov 2009
    Location
    NJ
    Posts
    90

    Default Re: New Jersey Second Injury Fund

    Bug,

    Thank you very much for always being there when I needed you! I will keep you informed of what's going on. The reason I have not posted in a while is because nothing was going on in my case, however my life was going downhill. My health was getting worse and I have had to move 4 times since this case has began. My car was repossessed but I have figured out how to take handicapped accessible transportation and I now live in an affordable, handicapped accessible building and apartment(thanks to Hurricane Sandy). Life does go on and I believe through faith and prayer, GOD will see me through!

    Goingback,
    I hope Bug has answered your questions on the Second Injury Fund? He is very knowledgable in the NJ work comp area.


    brown eyes

  9. #9
    Join Date
    Dec 2011
    Posts
    270

    Default Re: New Jersey Second Injury Fund

    Hi Bugmann,

    Thank you--I understand now what it is and how it works.
    Some things that were discussed peaked my interest.

    goingback

    - - - Updated - - -

    Browneyedgurl,

    Yes he is very knowledgeable . I appreciate being able to ask questions and getting answers that help fill in the blanks, along with reading other's questions and the responses.

    Thanks,
    goingback

  10. #10
    Join Date
    Aug 2012
    Posts
    6

    Default Re: New Jersey Second Injury Fund

    I now understand what the SIF is and how it works, too, Thank You bugmann!
    My attorney wants me to apply for the SIF but I am quite confused on how my ACE would be calculated. I was injured on the job back in 2009. After several failed spinal surgeries, my employer, involuntarily submitted me for a disability retirement. I was awarded the disability retirement (pension) and am also now on SSDI.
    My question is what is used to come up with the 80% of ACE? Is it the disability pension and SSDI or just SSDI?
    If it is both then it would make no sense for me to apply for the SIF as I am right at, or just a bit over, the 80% now.

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