2020 Analysis of Workers' Compensation Laws - 119

Chart XIII-Second Injury Funds
Payable by
Employer

Jurisdiction

Injuries Covered

Payable by Fund

Sources of Fund

Special Provisions

Alabama

Second Injury Fund eliminated for injuries after 5/19/92.

Alaska

Second injury that, added
to preexisting permanent
physical impairment, results in
substantially greater disability
than from second injury alone.
Only for injuries occurring before
8/31/18 and claims submitted
before 10/1/20.

Death or
disability up
to 104 weeks
caused by second
injury

Death or disability
caused by second
injury in excess of 104
weeks

Depending on fund balance,
employers pay from 0% to 6% on
all TT, TP, PP, or PT paid. If injured
worker dies and has no statutory
dependents, employer pays fund
$10,000. Civil penalties collected
for employers' failure to file
compensation reports are paid to
the fund.

To qualify: Physical impairment must
be on statutory list or support an
award of 200 weeks or more; employer
must have written documentation
showing knowledge of the qualifying
physical impairment before subsequent
injury.

Arizona

Second injury that, added
to preexisting work-related
disability or a preexisting
physical impairment not
industrially related (25 types of
handicaps as listed by statute),
results in disability of work.

Disability caused
by second injury

Employer and special
fund are equally
liable for remaining
difference between
compensation payable
for second injury and
compensation for
combined disability.

Not to exceed 0.5% of all premiums
and costs of self-insurance.

Employer must have knowledge of
nonindustrial physical impairment.
Payments are also made from the fund
for vocational rehabilitation, claims
against uninsured employers, insolvent
carriers, and supportive medical care.

Arkansas

Second injury that, added
to previous PP disability or
impairment, results in additional
disability or impairment greater
than from second injury alone.

Disability caused
by second injury

Difference between
compensation payable
for second injury and
permanent disability

$500 in no-dependency death case
to be paid to Death and Permanent
Total Disability Trust Fund. A portion
of premium tax allocated to the
Second Injury Fund and Death and
Permanent Total Disability Trust Fund.

No claims against Second Injury Fund
shall be made on or after 1/1/08.

California

Second PP injury that, added to
preexisting PP disability, results
in 70% or more permanent
disability. Second injury must
account for 35%.2

Disability caused
by second injury

Difference between
compensation payable
for second injury and
permanent disability

$125,000 in each no-dependency
death case or unpaid balance. Funds
are also received from the employerpaid Subsequent Injuries Benefits
Trust Fund Assessment.

 

Colorado3

Second injury that, added
to preexisting PP disability,
results in PT disability.
Includes specified occupational
diseases with multiple
exposure asbestosis, silicosis,
anthracosis, and disease from
radiation exposure.

Disability
caused by most
recent injury.
In specified
occupational
disease cases,
fund pays all
medical and all
compensation
above $10,000.

The percentage of
liability assigned to
the Subsequent Injury
Fund (SIF) is based
on the percentage
contribution of the
earlier injury to
permanent total
disability. The SIF will
pay a percentage of the
weekly compensation
rate for the claimant's
lifetime.

Effective 7/1/10, 0.1% (in
combination with Major Medical
Insurance Fund). $15,000 in
no-dependency fatal cases or the
remainder of $15,000 in partial
dependency claims (if deceased
is a minor with no dependents,
$15,000 paid to parents). In addition,
a percentage of penalty proceeds
under C.R.S. 8-43-203(2)(a) result in
revenue to SIF.

If employee obtains employment
while receiving compensation from
second injury fund, fund may reduce its
contribution by one-half of employee's
AWW loss, subject to maximum and
minimum.

Connecticut

Second injury to disease that,
added to preexisting injury,
disease, or congenital causes,
results in permanent disability
greater than from second injury
alone. Applies only to injuries
occurring on or before 6/30/95.

Benefits for first
104 weeks, less
compensation
payable for prior
disability

Benefits beyond
first 104 weeks less
compensation payable
for prior disability

Assessment on self-insured paid
losses, insurance company premium
surcharge, and penalties on
uninsured employers.

 

Delaware

Second injury or disease which,
added to existing permanent
injury from any cause, results in
PT disability, for insureds only.

Disability caused
by second injury

Difference between
compensation payable
for second injury and
permanent disability

Tax of 2% of premiums received by
insurance carriers.

Self-insured employers do not
participate in fund.

District of
Columbia

For injuries occurring prior
to 4/16/99, second injury
or disease which, added to
preexisting injury, disease, or
congenital causes, results in
permanent disability greater
than from second injury alone.
Second injury fund repealed for
injuries occurring on or after
4/16/99.

Benefits for first
104 weeks and
medical benefits
beyond 104
weeks for injuries
occurring on or
after 3/16/91

Benefits beyond 104
weeks for injuries
occurring prior to
3/16/91; lost wages
only for injuries on or
after 3/16/91

$5,000 in no-dependency death
cases, fines, and penalties; pro rata
assessments upon self-insurers
based on paid losses and premium
surcharge on insured employers.

Special fund pays default cases.

1

2020 Analysis of Workers' Compensation Laws | 119
2020 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2020 Analysis of Workers' Compensation Laws
