2019 Analysis of Workers' Compensation Laws - 124

Chart XIII-Second Injury Funds, cont.
Jurisdiction

Injuries Covered

Rhode Island

Old fund claims with injuries
prior to 9/1/74.

South
Carolina

Second Injury Fund eliminated.18

South Dakota

Second Injury Fund eliminated.

Tennessee

Second injury that results in PT
disability.

Texas

Payable by
Employer

Payable by Fund

Sources of Fund

Payment by pretrial
order; later reversed
by trial decree and
qualifying COLA
reimbursements.

Assessment payable by insurers
(and group self-insurers) is 6.25% of
net premiums written for workers'
compensation without application
of deductible premium credit; selfinsurers pay 6.25%17 of premium
they would have paid to be insured;
$7,500 in no-dependency death
cases; also certain penalties.

Disability caused
by second injury

Percentage of PT not
attributable to second
or subsequent injury

Maximum of 50% of revenue from
4% premium tax on insurers and
self-insurers.

Subsequent compensable
injury combined with effects
of a previous injury entitles
employee to lifetime income
benefits.

Insurance carrier
pays benefits
for subsequent
injury only to
the extent that
the subsequent
injury would
have entitled
employee to
benefits had
previous injury
not existed.

Balance of lifetime
income benefits due,
as well as insurance
carrier reimbursements
for the payment of
multiple employment
benefit, initial
pharmaceutical
coverage (first
seven days after
injury), overpayment
of benefits based
on a designated
doctor opinion, and
overturned Division
orders and judgments
for payment of
benefits

If compensable death occurs and
no legal beneficiary survives or a
claim of death benefit is not made
in a timely manner, insurance carrier
pays to subsequent injury fund
an amount equal to 364 weeks of
death benefit otherwise payable.
However, if a nondependent parent
becomes eligible to receive death
benefits (nondependent parents
may be eligible to receive up to
104 weeks of death benefits),
the insurance carrier pays to the
subsequent injury fund an amount
equal to the difference between
364 weeks of death benefit and
the amount payable to the eligible
nondependent parent.

Division of Workers' Compensation
has right of subrogation to recover
claims and attorney's fees paid from
Subsequent Injury Fund.

Utah

Second injury that combined
with a previous permanent
incapacity due to accident,
disease, or congenital condition
results in PT disability.
Employers Reinsurance Fund
(Second Injury Fund) eliminated
for accidents occurring after
7/1/94.

Employer pays
first six years
of PT unless a
10% preexisting
condition, then
employer pays
first $20,000 of
medical benefit
and first three
years of PT

50% of medical
expenses in
excess of $20,000
and PT disability
compensation after
initial three-year
period. Balance of
lifetime benefits after
initial three years.
No new injuries after
7/1/94.

Transfer of 2.0% of workers'
compensation premiums
underwritten for Utah employers;
and assessment of 2.0% of selfinsureds' estimated premiums.

If employee is permanently and totally
disabled, employer or insurance carrier
credited for all prior payments of TT,
TP, and PP disability compensation.

Vermont

Second Injury Fund eliminated 7/1/99.

Virginia

Second injury involving 20%
loss or loss of use of member
or eye or that added to
preexisting disability of 20% or
more results in total or partial
disability.

Disability caused
by second injury

Employer reimbursed
for compensation
has expired plus up
to $7,500 each for
medical and vocational
rehabilitation
expenses

0.25% premium tax on carriers and
self-insurers.

Tax assessment suspended when fund
reached $250,000 and resumed when
fund falls to $125,000.

Washington

Second injury or disease
that, when combined with a
preexisting disabling condition
or disease, results in permanent
total disability or death.

Disability caused
by second injury

Difference between
charge assessed
against employer at
time of second injury
and total pension
reserve

Transfer of not more than cost
from accident fund to second
injury account. Self-insurers pay
proportional to claims against
self-insurers, including $10,000 in
no-beneficiary deaths.

Preferred workers19 have all
benefits for claims arising within
36 consecutive months of new
employment paid by the fund. The
36 consecutive-month period begins
the first date the preferred worker
actually returns to work at a medically
approved job but ends no later than
five years after claim closure. The
second injury fund also covers job
modification costs resulting from onthe-job injuries.

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