A bill sponsored by Senator Robert Singer, R-30, that permits an employee who is temporarily working at Trenton Psychiatric Hospital, or any other state psychiatric institution or any state correctional facility to apply for Public Employees’ Retirement Systems (PERS) accidental disability was approved by the Senate State Government Committee today.
Currently employees that are temporarily employed at a state psychiatric institution or a state correctional facility who are injured are eligible for workers compensation benefits only.
“People who work at state psychiatric institutions or any state correctional facility can face unknown dangers that put their lives at risk, and should have disability protection even if they are only temporarily employed,” said Singer.
This legislation is the result of the court case (Smith v. State, 390 N.J. Super. 209 – Appellate Division) where a temporary employee of the New Jersey Department of Human Services was struck on the head by a patient and placed on sick leave. A few months later, the worker unsuccessfully sought accidental disability pension benefits, alleging a permanent and total disability resulting from the blow to her head. The court rejected the employee’s contention that she could be eligible for accidental disability pension benefits when the event occurred while she was temporarily employed, prior to becoming a member of PERS.
“The outcome of the court case is the reason the law should be changed,” added Singer. “The state needs to attract the most capable workers for these jobs that aren’t glamorous, but that need to get done. We can best do that by making sure all workers feel they will be taken care of if they suffer an injury on the job.”
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