Do you have a worker’s compensation claim pending in New Jersey or Pennsylvania and are considering changing your job? If you have a pending New Jersey or Pennsylvania Workers Compensation claim, you should consult with an attorney to discuss your rights.
Making the decision to leave the employer you have a claim against can be both beneficial and detrimental depending upon your personal situation. These results can be impacted by whether your state supports Wage-Loss or Permanency-Rating.
For example, if you have a pending worker’s compensation claim in New Jersey, a change of employers may not result in any negative consequences. New Jersey does not operate on a Wage-Loss system, so the Court will consider your permanent disability using other criteria.
A worker in New Jersey who can no longer perform their job duties due to injury is often required to take a less demanding job. However, sometimes injured workers will accept an equally or significantly more demanding position, which can negatively affect their claim. According to current New Jersey legislation, if the injured worker is injured again at their new job, it may break the chain of causation of the worker’s compensation carrier. On the other hand, if the work performed by an injured worker at a new job only causes pain, it will not be considered enough to break the chain of causation.
Those who sustain work injuries in Pennsylvania are subject to their state’s Wage-Loss system, which will immediately impact their worker’s compensation rights. A Wage-Loss system based solely upon the injured worker’s wages, so if the worker were to accept a new job which pays an equal or increased wage, they will be denied payment and other benefits. In these scenarios, the case is usually put into a state of suspension, and should the injured worker take a lower paying job, the worker’s 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.