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What is the Second Injury Fund?

The Second Injury Fund compensates injured employees when a current work-related injury combines with a prior disability to create an increased combined disability. The basic concept is the whole is greater than the sum of the parts. For example, if an injured employee has a 15 percent disability from the prior injury, and the combined disability is 40 percent, the Second Injury Fund pays for the increased disability. The formula for calculating the Second Injury Fund benefits depends on each case.

An injured employee must have a permanent preexisting disability to trigger liability of the Fund. The prior disability must be "of such seriousness as to constitute a hindrance or obstacle to employment." In order for an employee to recover from the fund, certain minimum limits must be met.

The Fund is also responsible for paying medical bills of injured employee's when the employer fails to insure its workers' compensation liability. In addition, if the employee is killed, burial expenses and death benefits in the form of weekly payments to the surviving spouse of dependents of the employee are paid from the Fund if the employer is uninsured.

The Fund also provides benefits to injured employees who are undergoing physical rehabilitation. To qualify for these benefits, the employee must be seriously injured and be receiving therapy at a facility certified by the Division. If the injured worker qualifies, he or she will receive $40 per week for up to 20 weeks for rehabilitation.

The last benefit from the Second Injury Fund is second job wage loss benefits. The benefit applies to injuries that occurred after August 28, 1998. The employee must be injured on the job with the first employer. If the employee is unable to work at a second job as a result of the injury, these benefits may be claimed from the Second Injury Fund.

Only the employee, the employee's attorney or the employee's dependent can make a claim against the Second Injury Fund. Claims for permanent total and permanent partial disability benefits, uninsured employer medical cost, or death benefits are made by filing a Form 21, Claim for Compensation form, with the Division.

Payment Processing

The Division of Workers' Compensation is responsible for processing Second Injury Fund benefits. When an employee is eligible for benefits and a compromise settlement has been approved or an award has been issued, the Division processes payments to the injured worker.

Claims for death, permanent total, permanent partial, and uninsured employer medical benefits are made by filing a WC-21, Claim for Compensation form, indicating Second Injury Fund benefits are being sought by the injured worker. Answers to claims are filed by the Office of the Attorney General Second Injury Fund, representing the Treasurer of the State of Missouri, as custodian of the Second Injury Fund.

In conferences or hearings before Division administrative law judges, eligibility for Second Injury Fund benefits is determined based upon medical evidence submitted by the employee and the Attorney General's office, and approved by an administrative law judge. Orders for payments, in the form of awards or stipulation agreements, properly executed by all parties, are filed with the Division.

Checks are prepared at the Office of Administration, Division of Accounting, and distributed by direct deposit or mail from the State Treasurer's office for lifetime payments. Direct deposit into bank accounts is also available to claimants receiving lifetime payments.

Garnishments for outstanding child support are deducted from payments. Medicaid liens from the Department of Social Services, Division of Medical Services, must also be honored before payments are ordered to the injured worker.

Claims for physical rehabilitation benefits are generally initiated by the Division from a review of injury and medical reports, or referrals from attorneys, rehabilitation nurses, case managers or claims adjusters.

For more information about Second Injury Fund benefits, call (800) 775-2667.