2019 Analysis of Workers' Compensation Laws - 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

Maine

Second Injury Fund eliminated.

Maryland

Payable by
Employer

Payable by Fund

Sources of Fund

Special Provisions

Total disability
benefits for first
104 weeks; in
death cases,
first 175 weeks;7
medical benefits
for the first
$25,000

Employer is
reimbursed for all
weekly compensation
and medical in excess
of the deductibles

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.

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.

6.5% of Subsequent Injury Fund of
compensation on all awards and
settlement agreements.

Massachusetts

Second injury that added to
preexisting physical impairment
results in substantially greater
disability or death.

Benefits for first
104 weeks

Insurer or self-insurer
is reimbursed, not the
employer.

Assessment on employers

Pro rata assessment based on losses
paid during preceding year by carriers
and self-insurers.

Michigan

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

Disability caused
by second injury

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

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.

Minnesota

Second Injury Fund eliminated for injuries after 6/30/92.9

Mississippi

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.

$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 reduced to $150,000.

Disability caused
by second injury

Difference between
compensation payable
for second injury
and permanent total
disability

2019 Analysis of Workers' Compensation Laws | 121
2019 Analysis of Workers' Compensation Laws

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