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Subsequent Injuries Benefit Trust Fund

ABOUT SIBTF?

The SIBTF was formerly known as the Subsequent Injuries Fund (SIF).  SIBTF was created to for the State to provide financial help to workers who have significant pre-existing disability who then suffer a significant work injury where both combine to cause a much more significant disability. The employer is insulated from liability and thus they are encouraged to hire handicapped or disabled workers. These are complex cases involving serious or catastrophic injuries.  An SIBTF case is present when pre-existing disability combines with a subsequent industrial injury to produce a current disability of seventy percent (70%) or more.

There are very specific statutory threshold requirements for this benefit under L.C. Section 4751:

Labor Code Section 4751:

“4751.  If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combination of both disabilities is greater than that which would have resulted from the subsequent injury alone, and the combined effect of the last injury and the previous disability or impairment is a permanent disability equal to 70 percent or more of total, he shall be paid in addition to the compensation due under this code for the permanent partial disability caused by the last injury compensation for the remainder of the combined permanent disability existing after the last injury as provided in this article; provided, that either (a) the previous disability or impairment affected a hand, an arm, a foot, a leg, or an eye, and the permanent disability resulting from the subsequent injury affects the opposite and corresponding member, and such latter permanent disability, when considered alone and without regard to, or adjustment for, the occupation or age of the employee, is equal to 5 percent or more of total, or (b) the permanent disability resulting from the subsequent injury, when considered alone and without regard to or adjustment for the occupation or the age of the employee, is equal to 35 percent or more of total.”

Contact Rawa Law Group APC for more information at the following number 844-444-1400 or visit us at the following website https://www.zrawa.com, to setup a time to discuss your case. We can help you.

If your Workers Compensation claim is settled and you believe that you have a (SIBTF) Subsequent Injury Fund Claim,

Contact Rawa Law Group at 877-200-1212