New Jersey workers’ compensation benefits include payment of medical bills, wage replacement or temporary disability, and a monetary award if the injury has a permanent impact on the workers daily or working life. When the worker has only one job, she is not entitled to collect both workers’ compensation and state disability benefits. A double recovery is prohibited. However, a controversial issue is entitlement to wage replacement benefits when the worker has either a full-time job and a part-time job or two part-time jobs. The worker may only collect workers’ compensation temporary disability benefits from the job where she was injured based upon the wages from that job. If the worker was injured on his or her part-time job, WC will pay 70% of those wages. This can be devastating financially when the worker is also unable to perform their full-time work as well. Under these circumstances, the worker is entitled to collect benefits under the State of New Jersey Temporary Disability Insurance law. This issue was examined in a recent Appellate Division Decision, Parascandolo v. Department of Labor, Board of Review, et al, (Approved for Publication May 22, 2014). In this case, the worker held two part-time jobs. She received workers’ compensation benefits from one job and applied for State TDI from the other. She had paid into the State TDI program from the job where she was not injured and therefore able to receive benefits under both laws. The Board of Review argued that there should have been a reduction in the amount of her TDI benefits because she also received WC benefits. However, the Court confirmed that a worker should not be worse off because her injury occurred at one workplace or the other. Receipt of both workers’ compensation temporary disability and State TDI benefits is not a “windfall”.
If you have questions about the benefits you are entitled to receive when you are injured at work, please call Stark & Stark to schedule your complimentary consultation.