USCC Workers Comp 2024 - 121

Chart XIII-Second Injury Funds, cont.
Jurisdiction
Injuries Covered
Louisiana
Second injury that, merged with
known prior PP disability, results
in disability substantially greater
than from second injury alone,
or death.6
Payable by
Employer
Total disability
benefits for first
104 weeks; in
death cases,
first 175 weeks;7
medical benefits
for the first
$25,000
Payable by Fund
Employer is reimbursed
for all weekly
compensation and
medical in excess of
the deductibles
Sources of Fund
Special Provisions
Assessment on carriers and selfinsurers
based on benefits paid.
No reimbursement without
assessment payment. Total
assessment cannot be more than the
sum of 125% of disbursements made
from the fund in prior fiscal year and
known, unpaid liabilities at the end
of the fiscal year. Board approval
required for settlements on claim with
a date of loss on or after 10/1/95.
Payments must be submitted to the
board within one year of the pay date
or one year of approval of the claim,
whichever occurs later, to be eligible
for reimbursement.
Maine
Maryland
Second Injury Fund eliminated.
Second injury that, combined
with a preexisting permanent
impairment due to accident,
disease, or congenital condition,
results in a greater combined
disability constituting a
hindrance to employment; total
disability must exceed 50%
of body (or equivalent) as a
whole with at least 25% due to
accident and 25% preexisting.
Disability caused
by second injury
If permanent
disability exceeds
50% of the body as
a whole, employee is
entitled to additional
compensation for the
full disability from
Subsequent Injury
Fund (SIF). Prior and
second injury must
each be compensable
for at least 125 weeks.
Credit given to SIF
for prior awards and
settlements.
Massachusetts
Michigan
Second
injury that, added to
preexisting physical impairment,
results in substantially greater
disability or death.
Second injury involving loss
of member or eye that, added
to preexisting loss of member,
results in PT disability.
Benefits for first
104 weeks
Disability caused
by second injury
Insurer or self-insurer
is reimbursed, not the
employer.
Difference between
compensation for
second injury and PT
disability. Benefits for
employee with more
than one job but for
whom injury occurred
on job that represented
less than 80% AWW.8
Minnesota
Mississippi
Second Injury Fund eliminated for injuries after 6/30/92.9
Second injury involving loss or
loss of use of member or eye
that, added to preexisting loss
or loss of use of member or eye,
results in PT disability.
Disability caused
by second injury
Difference between
compensation payable
for second injury
and permanent total
disability
$500 in no-dependency death
cases; $300 in dependency cases.
Commission may transfer up to
$200,000 from Administrative
Expense Fund.
Payments suspended when fund
reaches $350,000 and resumed when
fund is reduced to $150,000.
6.5% of Subsequent Injury Fund of
compensation on all awards and
settlement agreements.
Assessment on employers
Pro rata assessment based on losses
paid during preceding year by carriers
and self-insurers.
Assessments on carriers and selfinsurers
proportionate to 175% of
disbursements from fund to annual
compensation benefits paid.
Fund credited with any balance in
excess of $200,000.
2024 Analysis of Workers' Compensation Laws | 121
USCC Workers Comp 2024

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