Sunday, May 21, 2017

New Jersey State Temporary Disability Insurance - You Must Work IN New Jersey to Qualify

Philadelphia Area Disability Lawyer Representing Workers
Representing Pennsylvania's Workforce Since 1991

Questions?  John will spend 5-10 minutes with you discussing your current work situation, your disability/FMLA leave, your non-compete agreement, your wage claim, your unemployment claim or your potential lawsuit at no charge to you.  Call 610-647-5027.  John is usually available 24/7.

You may also Click Here to e-mail John directly.

Am I Entitled to New Jersey State Temporary Disability Benefit if I Work in Pennsylvania for a Company That is Headquartered in New Jersey?

Almost all private employers in New Jersey are required to have temporary disability insurance (TDI) for their employees. TDI insures workers in case they suffer an illness or disability that:

• prevents them from working, and,

• is not related to their work. 

TDI may be purchased through the State of New Jersey pursuant to its Temporary Disability Law ("NJ TDL") or it may be purchased through a private insurance company.  If purchased through the State, then employees are eligible for benefits only if they work for a “covered employer.”  Pursuant to N.J.S.A. 43:21-27(a)(1) defines a covered employer as "any . . . employer subject to the 'unemployment compensation law.’”
Financial Help When
You Need it Most
Although the NJ TDL is not my area of focus, my general understanding is that only employees who actually work in New Jersey are entitled to N.J. unemployment compensation benefits; hence, if you do not work in New Jersey, you will not be eligible for disability benefits if your employer has purchased TDI from the state (private TDI policies require only that the claimant be an employee).
The Flu is Generally Not Covered

Here is a list of some common exclusions from coverage under the NJ TDL, i.e. some of the most common reasons why an individual may not be eligible for coverage under NJ TDL:

·           1.  The disability does not exceed seven days in length (the first seven consecutive days of each period of disability is known as the ("waiting week.");

·           2.  The claimant has already received 26 weeks of benefits for this 
    period of disability. The maximum number of weeks allowable for any one period of disability is 26;

·           3.  The claimant is not under medical care. He/she must be under the 
    care of a legally licensed physician, dentist, podiatrist, chiropractor, optometrist, psychologist, certified nurse midwife, or advanced practice nurse.

·       4.  The disability resulted from the commission of a criminal act or was self-inflicted.

·       5.  The claimant was discharged by his or her most recent employer for gross misconduct connected with the work because of a commission of an act punishable as a crime under the New Jersey Code of Criminal Justice.

·       6.  The claimant worked and received wages after the period of disability began. 

·       7.  The claimant continues to receive wages from the most recent employer which together with the temporary disability benefits exceeds their regular weekly wages immediately prior to the onset of the disability.

Injuries or Illnesses Suffered at Work
Not Covered (This Includes "Stress" Claims)
·       8.  The claimant received unemployment insurance benefits, Social Security Disability benefits or workers' compensation benefits for their period of disability.

Pregnancy Covered
and TDB May be Received While out on FMLA

Philadelphia Area Employment Attorney Representing Employees 
                        With Temporary Disabilities

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

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