Chapter 12: What is the Subsequent Injury Fund?
The Subsequent Injury Fund (SIF) encourages employers to hire employees with pre-existing health conditions. If an employer hired an employee with a pre-existing condition that contributed to a workplace injury, the employer’s workers’ compensation insurance carrier would be responsible for the claim. Some employers did not want to take the risk that an employee’s pre-existing condition could increase the risk of an on-the-job injury.
The SIF reduces the liability for employers who hire employees with pre-existing conditions. If an employee is injured at work, the SIF works to compensate the employee for the pre-existing condition while the employer focuses on the new injury.
Are You Eligible for SIF?
If you believe that you may be eligible for SIF, you can file a claim with the Workers’ Compensation Commission (WCC). Six criteria must be met to be eligible for SIF:
- You must have a pre-existing impairment.
- Your impairment must be the result of a congenital condition, accident, or disease.
- The overall disability exceeds 50 percent of the body as a whole (250 weeks).
- The compensable injury and the pre-existing impairment must have a compensable rate of 125 weeks out of the total 500-week maximum.
- The pre-existing impairment must be or likely be a hindrance to employment.
- The overall disability of the new injury and the pre-existing impairment must be greater than the disability from the new injury alone.
All six criteria must be met, or your claim for SIF will be denied.
Filing a SIF Claim Can Be Complicated
Adding a pre-existing impairment to a workers’ compensation claim can make the case much more complicated and difficult. The process of filing a SIF claim and proving all six criteria can be daunting.
Hiring an experienced Maryland workers’ compensation lawyer with Pinder Plotkin can lessen the burden. Our legal team takes care of your claim while you focus on receiving medical treatment for your workplace injury.
Call 410-661-9440 to schedule a free consultation.
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