2019 Analysis of Workers' Compensation Laws - 127

Chart XIII-Second Injury Funds, cont.

Notes
1.
Alabama-An amount is included in annual workers'
compensation budget which shall be allocated for the
specific and exclusive purpose of paying only benefits
to claimants who qualified to receive benefits from the
Second Injury Trust Fund on 5/19/92.
2.
California-Second injury must account for 35%
unless prior disability involved a major member and
second injury was to opposite and corresponding
member and accounts for at least 5%. No benefits
payable for subsequent unrelated noncompensable
injury.
3.
Colorado-Fund closed to injuries occurring on or
after 7/1/93 and for occupational diseases occurring on
or after 4/1/94.
4.
Georgia-Second Injury Fund eliminated for injuries
after 7/1/06.
5.
Illinois-Employer liable in full if second injury is
permanent and total without relation to prior injury.

Louisiana-PP disability means any permanent
condition due to injury, disease, or congenital causes
which is likely to be a hindrance to employment. Certain
scheduled conditions are presumed PP disabilities if
employer had prior knowledge.
6.

7.
Louisiana-Total disability benefits for first 104 weeks;
in death cases, first 175 weeks; 100% of the first $5,000
in medical benefits and 50% of medical benefits that
exceed $5,000 but are less than $10,000. The deductibles
(payable by employer) for dates of loss on/after 7/1/04
and before 7/1/07; total disability for first 130 weeks; in
death cases; first 130 weeks; the first $25,000 in medical
benefits.
8.
Michigan-Compensation to certified vocationally
handicapped persons payable from fund after 52 weeks.

Minnesota-For a registered condition if subsequent
injury causes substantially greater disability or if injury,
disability, or death would not have occurred but for the
preexisting impairment, fund pays benefits.
9.

10.
Nebraska-Effective 7/1/00, Second Injury Fund
merged with Vocational Rehabilitation Fund and is
referred to as Workers' Compensation Court Trust
Fund. In death cases, it must be established that either
injury or death would not have occurred except for
such preexisting permanent physical impairment (any
permanent condition due to previous accident, disease,
or congenital condition which is likely to be a hindrance
to employment).
11.
Nevada-Nevada currently has three subsequent
injury accounts: self-insured employers whose board has
a two-tier hearing process subject to petition for judicial
review to district court; associations of self-insured
employers in public or private employment have a board
that hears the matter subject to a petition for judicial
review to district court; and private carriers with an
administrative hearing before an ALJ which is subject to
a petition for judicial review to district court. The state
insurance company privatized as of 1/1/00; its successor
organization administers any Second Injury Fund claims
incurred prior to 1/1/00.

Nevada-Preexisting permanent physical impairment
must be at least 6% as determined by AMA Guides to
Permanent Impairment. Compensation due is charged to
second injury account of which member belongs.
12.

13.
North Carolina-Epilepsy is considered a prior
permanent disability.
14.
Ohio-Does not apply to compensation for TP or
percentage of PP disability.
15.
Oklahoma-Someone who as a result of accident,
disease, birth, military action, or any other cause, has
suffered the loss of sight of one eye, loss by amputation
of whole or part of a member of the body, or loss of use
or partial loss of use of a member such as is obvious
and apparent from observation or examination by a
person who is not skilled in the medical profession, or
any previous adjudications of disability adjudged and
determined by the Workers' Compensation Court or the
Workers' Compensation Commission or any disability
resulting from separately adjudicated injuries and

2019 Analysis of Workers' Compensation Laws | 127

adjudicated occupational diseases, even though arising
at the same time.
16.
Oregon-Employer-at-Injury Program provides
assistance to employers to encourage early return-towork of injured workers before claim closure. Benefits
offered are a wage subsidy of 45% for up to 66 workdays,
and up to $5,000 for work-site modification and returnto-work purchases such as tools and clothing. Under the
Preferred Worker Program, employers hiring preferred
workers are exempt from paying premiums and premium
assessments on the worker for three years from hire
date. Fund reimburses all claim cost incurred by the
worker for any compensable injury within three-year
period. Other return-to-work incentives include worksite modification of up to $35,000 (per use, $50,000 total
per eligibility period), wage subsidy of 50% up to 183
calendar days, and necessary purchases to obtain
employment. The Workers' Benefit Fund also funds three
other programs.
17.
Rhode Island-Percentage of assessment
determined by director on or before each 7/15.
18.
South Carolina-Permanent physical impairment
means any permanent condition due to injury, disease,
or congenital causes which is likely to be a hindrance to
employment. Certain scheduled conditions are presumed
to be permanent physical impairments if employer had
prior knowledge.
19.
Washington-Preferred workers are defined as
workers who must change jobs due to the effect of
an industrial injury or occupational disease. Basic
premiums are waived for up to three years from the date
of hire, provided an employer/employee relationship is
maintained during that period. The employer must pay
the Supplemental Pension Fund premium.
20.
Virgin Islands-Employer liable for compensation due
for total resulting disability.
21.
Ontario-Only applies to Schedule 1 employers;
Schedule 2 employers not eligible for Second Injury and
Enhancement Fund relief.

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