2020 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.

Payable by
Employer

Payable by Fund

Sources of Fund

Special Provisions

 

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

Assessment payable by insurers,
self-insured employers, and group
self-insurers is 5.00% of net
premiums written for workers'
compensation without application
of deductible premium credit; selfinsurers pay 5.00%17 of premium
they would have paid to be insured;
$7,500 in no-dependency death
cases; also certain penalties.

 

South Carolina Second Injury Fund eliminated.18
South Dakota

Second Injury Fund eliminated.

Tennessee

Second injury that results in PT
disability.

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.

 

Texas

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 self-insureds'
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 that
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
reaches $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.

124 | 2020 Analysis of Workers' Compensation Laws
2020 Analysis of Workers' Compensation Laws

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