What is the Second Injury Fund?
The Fund assumes payment of permanent disability benefits after an initial period during which the employer or his insurance carrier makes these payments. To be eligible, an individual must be totally and permanently disabled as the direct result of a work-related injury in combination with a pre-existing permanent partial disability. It is not necessary that the pre-existing permanent partial disability be work-related.
The Second Injury Fund is a fund set up to compensate injured workers who continue to experience ongoing disability from an old (pre-existing) condition or injury. There are certain requirements to reach a settlement against the Second Injury Fund. The most recent injury against your employer must reach a certain threshold level. Additionally, the old or pre-existing injury/condition must, too, be disabling or hinder your ability to work to a certain extent. The prior conditions do not need to be work-related but can arise from any type of injury or condition so long as you presently experience some sort of difficulty completing your job duties, require ongoing treatment for the prior condition or need to call in sick or need assistance from others due to the condition. Ms. Ryterski will question in depth to determine whether or not you qualify for an additional settlement against the Second Injury Fund. She will file a claim against the Fund, if appropriate.
The Second Injury Fund compensates injured employees when a current work-related injury combines with a prior disability to create an increased combined disability. The basic concept is the whole is greater than the sum of the parts. For example, if an injured employee has a 15 percent disability from the prior injury, and the combined disability is 40 percent, the Second Injury Fund pays for the increased disability. The formula for calculating the Second Injury Fund benefits depends on each case. An injured employee must have a permanent preexisting disability to trigger liability of the Fund. The prior disability must be “of such seriousness as to constitute a hindrance or obstacle to employment.” In order for an employee to recover from the fund, certain minimum limits must be met. The Fund is also responsible for paying medical bills of injured employee’s when the employer fails to insure its workers’ compensation liability. In addition, if the employee is killed, burial expenses
Established by the Missouri General Assembly, the Second Injury Fund is a fund contributed to by all employers obtaining workers’ compensation insurance in the state of Missouri. The Second Injury Fund provides benefits to employees who have sustained workers’ compensation injuries in certain instances. The Second Injury Fund is managed by the State Treasurer; claims made against it are defended by the Attorney General’s Office.
