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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Second Injury Fund?

    My workers compensation claim was made in the State of: Kansas

    I settled my case last year, just visited a neuro surgeon due to back pain that relates to my work injury. he mentioned something about a workers comp 2nd injury fund, just wondering what it is, and if since i settled i wont be eligible.. I was wondering because I am still unable to work and was denied by SSI. just found this forum so maybe I'll find some help. thank you

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Second Injury Fund?

    The WC Laws & Regulations are here.. Workers Compensation Laws & Regulations
    This is the complete set of laws and regulations concerning workers
    compensation in Kansas, incorporating changes made in the
    2006 and 2007 legislative sessions.

    .http://www.dol.ks.gov/WC/html/lawsRe...-08).pdf...not seeing anything about 'subsequent injury fund'...

    Help from the WC ombudsman is avaliable...
    For further information or assistance, e-mail wc@dol.ks.gov or contact us at:

    Kansas Department of Labor
    Workers Compensation
    800 SW Jackson, Suite 600
    Topeka, KS 66612-1227; (785) 296-2996 or (800) 332-0353.
    I settled my case last year, just visited a neuro surgeon due to back pain that relates to my work injury. he mentioned something about a workers comp 2nd injury fund, just wondering what it is, and if since i settled i wont be eligible..
    How was the claim settled...?
    If there is a stipulated award...you received the PD indemnity associated with the impairment/disability rating... then medical is open per the agreement.

    If on the other hand you settled by a lump sum cash award... you released the ER/IC from all future liability to you injury...additional medical costs have been provided to you, and will be out of your pocket (from the future medical money you received in the settlement)

    As I'm not finding info on a subsequent injury, or second injury fund in Kansas...I'll tell you what Calif rules are on SIF, your may or may not be similar...Comp laws are state specific, but this may give you an idea...
    The Subsequent Injuries Benefits Trust Fund (SIBTF) is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury. For benefits to be paid from the SIF, the combined effect of the injury and the previous disability or impairment must result in a permanent disability of at least seventy percent. The fund enables employers to hire disabled workers without fear of being held liable for the effects of previous disabilities or impairments. SIBTF benefit checks are issued by State Compensation Insurance Fund after issuance of an award by the Workers' Compensation Appeals Board and upon authorization by DWC's Claims Unit.
    There is a provision for 'post award medical'...the form is here...http://www.dol.ks.gov/wc/html/kwce4(Rev-05-07).pdf
    Possibly that is what the doctor is referring to...(?)
    Call the ombudsman's office....

    I was wondering because I am still unable to work
    Curious... if you/your doctor were not finished with the treatment, or you were not MMI at the time... and IF you settled this by C&R, why was future medical needs not addressed in the settlement...?

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Second Injury Fund?

    http://www.ksinsurance.org/consumers/workcomp.htm
    it's used by those who've had a prior injury as well as a work comp injury.
    so employers don't get stuck with the whole disability and will be willing to hire those with prior problems.
    Last edited by .SH; 05-02-2009 at 07:16 AM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Second Injury Fund?

    Quote Quoting .SH View Post
    http://www.ksinsurance.org/consumers/workcomp.htm
    it's used by those who've had a prior injury as well as a work comp injury.
    so employers don't get stuck with the whole disability and will be willing to hire those with prior problems.
    Thank you...

    So there you have it islandink... based on that information...you should be able to determine if you are eligible for those benefits. But, the statute also places some limitations on the DOI/Date Of Injury...
    Legislation adopted in 1993, provided that the Fund would not be responsible for claims with accident dates after July 1, 1994. Because of this law, the Insurance Department has seen a drastic reduction in claims over the last several years. Today, the Department manages approximately 3,700 active cases and has approximately 20 individuals who receive monthly awards from the fund. Claims paid from the fund total about $2.6 million each year. The Department has assumed a number of expenses related to insolvent employer cases. The fund also continues to remain liable for second-injury cases involving individuals with pre-existing impairments with accident dates prior to July 1, 1994.
    Call the ombudsman...

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