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How does a worker holding two jobs obtain income loss protection when a work accident arising out of the part-time employment causes loss of income from his other full-time employment?

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A person holds two jobs, one full-time and one part-time. He is injured while working at the part-time job. The injury is serious. It prevents him from working at either job for four months. What wage loss payments may he seek? The New Jersey Supreme Court’s decision in In re Scott provides the answer. The injured worker is entitled to collect worker’s compensation, temporary total disability benefits (a form of a wage replacement) for his part-time work-related injury.

Contemporaneously, he may also qualify for state temporary total disability benefits due to inability to work at his other, full-time job. In other words, because he lost employment from both jobs, he may seek temporary total disability benefits from both employments while recuperating. One benefit is provided under the workers’ compensation law. The other benefit is available under the state temporary total disability law that normally compensates a person for loss of income caused by a non-work-related injury. The Court reasoned that limiting the worker’s recovery to the workers’ compensation benefit would not adequately protect the worker from wage loss from two employments.

By Hoffman DiMuzio | Published November 11, 2014 | Posted in Legal Alerts | Tagged hurt on the job, income loss protection, legal alert, workers comp, workplace injury

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For more than 40 years, Mr. Hoffman has protected the interest of his clients through diligence and hard work on legal matters, both large and small. An honors graduate of Rutgers University Law School and a native of Gloucester County, Mr. Hoffman has won numerous accolades for excellence in the practice of law.

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Ernest L. Alvino, Jr. About Ernest L. Alvino, Jr. concentrates his practice in the area of workplace injuries; construction accidents; product injuries; trucking accidents; auto injuries; medical negligence and crime victim advocacy. Ernie is a lifelong Gloucester County resident, living in Mullica Hill with his wife and children. Ernie worked his way through school as…

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