2019 Analysis of Workers' Compensation Laws - 120

Chart XIII-Second Injury Funds, cont.
Jurisdiction

Injuries Covered

Florida

Second Injury Fund
Prospectively Abolished:
Accepting no new claims
on dates of accident after
12/31/97. The employer/
carrier must prove a prior
preexisting permanent physical
impairment, a subsequent
compensable date of accident,
employer knowledge of the prior
preexisting permanent physical
impairment, merger between
the prior and subsequent
conditions, and the payment of
excess compensation.

Georgia4

Payable by
Employer

Payable by Fund

Sources of Fund

Special Provisions

Employers and
their carriers
are primarily
responsible
for all injured
workers'
compensable
benefits.

The fund reimburses
the employer/carrier
for benefits required
to be paid, which
are associated with
compensable dates of
accident.

Assessment on the net written
premiums of carriers in Florida and
premiums calculated by the Division
for authorized self-insured in the
state.

Second injury or disease that
merges with prior permanent
physical impairment and results
in greater disability than from
second injury alone. Applies
only to injuries occurring before
7/1/06.

Disability caused
by second injury
for first 104
weeks-first
$5,000 in
medical and 50%
of second $5,000
in medical

Employer reimbursed
for 50% of medical
and rehabilitating
expenses in excess of
$5,000 up to $10,000
and 100% of medical
and rehabilitation
expenses in excess of
$10,000, plus income
benefits beyond 104
weeks

Assessments on carriers and selfinsurers proportionate to 175% of
disbursements from fund to annual
compensation benefits paid, less net
assets in fund.

Hawaii

Second injury that added to
preexisting disabilities results in
greater permanent disability, PT
disability, or death.

Disability
benefits for first
104 weeks

Compensation beyond
first 104 weeks

25% of 312 times effective
maximum weekly benefit rate in
no-dependency death cases; unpaid
balance of compensation due in
PT and PP disability cases if no
dependents; special assessment on
insurers and self-insurers.

Idaho

Second impairment that
combined with prior permanent
physical impairment.

Disability caused
by second injury

Difference between
compensation payable
for first injury and
permanent disability

Proportionate industry assessment
based on semiannual reporting of
indemnity payments paid but not
less than $200.

Assessment calculated as two times
previous year's payments by fund less
existing cash balance.

Illinois

Second injury involving loss or
loss of use of major members
or eye that added to preexisting
loss of member results in PT
disability.

Disability caused
by second injury5

Difference between
compensation payable
for second injury and
PT disability thereafter

Semi-yearly employer payment of
0.125% of compensation payments.

When fund reaches $500,000, amount
payable into fund reduced by one-half;
payments cease when fund reaches
$600,000. When fund reduced to
$400,000, payment of one-half
amount required. When fund reaches
$300,000, payment of full amount
resumed.

Indiana

Second injury involving loss
or loss of use of hand, arm,
foot, leg, or eye, or damage to
prosthetic device that added to
preexisting loss or loss of use of
member results in PT disability.

Disability caused
by second injury

Difference between
compensation payable
for second injury and
PT disability thereafter

Iowa

Second injury involving loss or
loss of use of member or eye
that added to preexisting loss
of use of member results in
permanent disability.

Disability caused
by second injury

Difference between
compensation payable
for second injury and
permanent disability,
less value of previous
loss of member or
organ

Kansas

Second Injury Fund eliminated for injuries after 7/1/94.

Kentucky

Second Injury Fund eliminated for injuries after 12/12/96.

Employer must have prior knowledge
of impairment. Assessments may be
reduced or suspended when no funds
are needed.

Assessment up to 2.5% any time fund
drops below $1 million on or before
1/1.

$12,000 in dependency death cases,
$45,000 in no-dependency death
cases, and 50% of payments due to
nonresident alien dependents.

120 | 2019 Analysis of Workers' Compensation Laws

Surcharge on weekly benefits paid
by insurers and self-insurers can be
imposed if necessary.
2019 Analysis of Workers' Compensation Laws

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