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The Second Injury Fund
The Second Injury Fund is a fund created by the legislature to encourage employers to hire people with pre-existing disabilities. The Second Injury Fund pays for the combination effect of any pre-existing disability with the disability resulting from the last work-related injury. The pre-existing disability need not be work-related; it only needs to have hindered the employee's work in the past.
For example, an employee with a pre-existing condition affecting his or her left arm may be able to work using only his/her right arm. If the right arm is then injured in a work injury, the employee may be rendered totally disabled. The Second Injury Fund would owe the employee permanent total disability benefits, less any permanent partial and temporary total disability benefits paid by the employer for the work injury. In most cases, however, the employee is not totally disabled because of the combination effect of his pre-existing disability with the disability resulting from his work injury; when the employee can still work, but has some increased disability because of the combination, the Second Injury Fund owes less than permanent total disability benefits. The exact amount owed varies widely, and you should discuss potential Second Injury Fund liability with your attorney.
In cases where an employee works two jobs and is injured on one of those jobs, the Second Injury Fund may owe temporary total disability benefits. The Second Injury Fund may also pay an employee's medical bills in cases where the employer should have carried workers' compensation insurance but failed to do so.
Second Injury Fund issues are rather complicated, so it is important that you discuss pre-existing medical conditions or injuries with your attorney, so that Second Injury Fund liability can be thoroughly explored. You should also tell your attorney if you have multiple employments.
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