2020 Analysis of Workers' Compensation Laws - 123

Chart XIII-Second Injury Funds, cont.
Payable by
Employer

Jurisdiction

Injuries Covered

New Jersey

Second injury that, in
combination with preexisting
partial disability, compensable
or not, totally disables
employee.

New Mexico

Second Injury Fund eliminated.

New York

Second Injury Fund closed to new cases 7/1/10.

North Carolina Second injury involving loss

of member or eye that, added
to preexisting injury, results in
PT disability, provided that the
original and increased disability
were each 20% of the entire
member.13

Payable by Fund

Sources of Fund

Special Provisions

Difference between
compensation payable
for second injury and
preexisting disability

Annual surcharge on policyholders
and assessment on self-insured
employers of pro rata percentage of
125% of payments estimated to be
paid from fund during current year,
less the year-end balance more than
$5 million. Annual surcharge paid
quarterly.

 

Disability caused
by second injury

Difference between
compensation payable
for second injury and
PT disability

Assessments against employer or
insurer for each PP disability, up to
$250 for a minor member or $750 for
50% or more loss or loss of use of
each major member-back, foot, leg,
hand, arm, eye, or hearing.

 

Disability caused
by compensable
injury

North Dakota

Monopolistic state fund.

Ohio

Second injury that aggravates
preexisting disease or condition
(25 types of handicaps as listed
by statute), resulting in death,
temporary or PT disability, and
disability compensable under a
special schedule.14

Disability
attributable
to injury or
occupational
disease sustained
in employment

Amount of disability
or proportion of
cost of death award
determined by bureau
to be attributable to
employee's preexisting
disability. The bureau's
decision may be
appealed to Industrial
Commission.

Reserve set aside out of statutory
surplus funds.

Self-insuring employers make
excess payments from surplus
fund; self-insuring employers may
opt not to participate in Handicap
Reimbursement Fund. By rule of
commission in the case of State Fund
employer, compensation in excess of
amount chargeable to second injury is
charged to Surplus Fund.

Oklahoma

Second injury to physically
impaired person that, added to
previous impairment, results in
PT disability.

No

Liability for combined
disabilities constituting
PT if the subsequent
injury occurred on or
after 2/1/14

Dividends to state agency policyholders insured by CompSource
Oklahoma that are diverted to
the Multiple Injury Trust Fund and
an assessment against workers'
compensation payers. Carriers
pay the assessment based on
gross direct written premiums,
self-insurers pay against actual
paid losses, group self-insurance
associations pay against normal
premium, uninsured employers pay
a 5% assessment on permanent
disability and death awards per
calendar quarter. The assessment
rate is determined by the Workers'
Compensation Commission by 5/1
each year (up to 6%).

PT awards against Multiple Injury Trust
Fund are payable for 15 years or until
age 65, whichever is longer.15

Oregon

Varies depending on program.

No

Oregon does not have
a Second Injury Fund
program. However,
Oregon's Workers'
Benefit Fund provides a
wide range of benefits
for workers, employers,
and beneficiaries.16

Worker and employer each pay 1.1
cents per hour into Workers' Benefit
Fund.

Reimbursement from Fund subject
to available funds. Settlement of
reimbursable claim requires prior
department approval if Workers'
Benefit Fund reimbursement involved.16

Pennsylvania

Second injury involving loss
or loss of use that, added to
preexisting loss or loss of use
of a hand, arm, foot, leg, or eye,
results in total disability.

Scheduled
benefits as a
result of second
injury

Remaining
compensation due for
total disability

Assessment against carriers
and self-insurers proportional to
compensation payments.

Payments made directly by department.

2020 Analysis of Workers' Compensation Laws | 123
2020 Analysis of Workers' Compensation Laws

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