2020 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 is reduced to $150,000.

Disability caused
by second injury

Difference between
compensation payable
for second injury
and permanent total
disability

2020 Analysis of Workers' Compensation Laws | 121
2020 Analysis of Workers' Compensation Laws

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