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Did you have a work injury in New Jersey or Pennsylvania? Know the limitations of each State’s system.

by | Mar 17, 2022 | Workers' Compensation

HAVE A WORKER’S COMPENSATION CLAIM PENDING IN NEW JERSEY OR PENNSYLVANIA AND ARE CONSIDERING TAKING A DIFFERENT JOB? DEPENDING ON THE STATE OF YOUR WORKERS COMPENSATION CLAIM, YOU MAY BE LIMITING YOUR RIGHTS.

As recently reported, one in four Americans plan to leave their current employer for a different one post pandemic. If you have a pending New Jersey or Pennsylvania Workers Compensation claim pending, you should consult with an attorney to discuss your rights. Leaving the current employer for a new one can be both beneficial and detrimental depending on your personal situation. The impact on changing your employer depends on whether the state’s workers compensation act is a wage loss state or a permanency rating state.

For example, if you have a pending New Jersey workers compensation claim, changing employers may not negatively impact your case. New Jersey is not a wage loss system and the Court will consider an injured workers permanent disability based on a workers compensation chart. A New Jersey worker who can no longer perform the time of the injury job, is often required to take a less demanding job. An injured worker in New Jersey who takes an equally demanding or more demanding job will face additional burdens. Under the current law in New Jersey, if the injured worker has a new accident on the new job, that may break the chain of causation of the workers compensation carrier. However, an exposure or work on a new job which only causes the injured pain alone will not be considered a new exposure to break the chain of causation.

On the contrary, changing employers in a wage loss system like Pennsylvania will immediately impact the workers compensation rights. Since a wage loss state is based solely on wages, if the injured worker takes any job which pays the same or higher wages, no money benefits are paid. In such a situation, the case will go into a suspension for a period of time. In the event the injured work takes a lower paying job, the workers compensation carrier will pay the difference between the time of the injury wages and the new wages at a rate of 66%.

As the above illustrates, once you suffer a work accident in Pennsylvania or New Jersey, changing jobs will impact your case to some degree. If you have a workers compensation claim pending and are considering changing jobs, please contact our office today to discuss your rights.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND IS NOT TO BE CONSIDERED LEGAL ADVICE. IF YOUR HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY TODAY.

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