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  1. #1
    Join Date
    Feb 2009
    Posts
    13

    Default Chances of Receiving Second Injury Fund

    Was on here a while ago. Hurt at my job. 4 shoulder surgeries, 1 knee surgery.( waiting for knee replacement as long as I can so as to only have to get 1 ) Was awarded SSDI 2013 because of my injuries and also because of high blood pressure meds and 2 anti depressents. 1st settlement 47.5. 2nd settlement 10% more 57.5. My wc attorney said that the ins. company will maybe agree to another 5% because my rate is so $$$. My rate for 57.5 was $569 a week. The max I can recieve is $711 a week from the 2007 wc chart. What are the chances of getting 2nd injury fund at this point if anybody has any experience?

  2. #2
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Chances of Receiving Second Injury Fund

    Scottneon

    Did your lawyer file an application for SIF?

    However I believe this works like you have a pre existing injury and you get hurt at work and re injury same area and become totally disabled. In other words You need to re injury the already injured body/ mind part
    This is a very BROAD interpretation of the complex SIF. NEED MORE INFO

    BUG

  3. #3
    Join Date
    Feb 2009
    Posts
    13

    Default Re: Chances of Receiving Second Injury Fund

    Hey Bug,
    My lawyer discussed it with me further. He explained that what I should do is go for another partial settlement which he already proposed to the ins.company which will bring me up to about 67.5% disabled. After getting this settlement I can get my left knee replaced and than go for 100% disabled. He said it might take over a year to get all the reports which the 2nd injury fund would need plus the judge might not accept 100% at this time so I agreed with him since he's the lawyer lol. Thanks for getting back to me Bug

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Chances of Receiving Second Injury Fund

    It appears you are getting mixed up with % of disability and % of impairment.

    I dont know alot about your case but I do know alot about lawyers styles of tactics used to get what they want for their client. I may be wrong but I see no reason to take a partial disability award unless you need the money or the lawyer needs to show the firm he is bringing in his share of awards to keep his job, if he is from a large firm. Actually the employers lawyers prefer you get 2nd injury fund benefits as this lifts the burden off the employer and shifts it to SSA and the SIF Once you use up your employers contribution to SIF then it goes to the general fund.

    As long as your lawyer filed for SIF in time and you had a measurable amount of disability prior to your work injury even just 1%, and then your work injury left you totally disabled is enough to satisfy the burden of evidence for eligibility for the SIF. What I dont like about this tactic is you keep accepting these small awards then your lawyer wants you to have surgery a total knee replacement HURTS LIKE AN SOB!!!!!!!!!!!!!! Then in the end you can have a state DR say it could have been a result of many surgeries pushed you over the disability line therefore you lose. I was awarded SIF with 45% impairment, because the symptoms I was left with there were no jobs in the national economy that I was eligible for. You can also be found totally disabled due to pain and I am sure you have some of that!!!😁

    You must weigh your options and go with your gut. Much should ride on your lawyers reputation of winning real ligit cases. How many SIF cases has he won and can they be verified etc... You get the picture. Personally I prefer a lawyer get you your SSDI then go for the SIF from there, any corrective medical care must be done b4 MMI

    BUG

    PS: I wish you could have seen a post of mine titled doing your homework on a laywer b-4 you hire them

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