How Your Work-Related Permanent Disability Rating May Receive Additional Compensation

Many injured workers choose to retain an attorney to secure the most benefits they can receive under workers’ compensation. However, most workers’ compensation attorneys are unaware of benefits that some injured workers may qualify for even after they settle or win an award. In other words, some represented disabled workers miss out on additional compensation they may receive from the Subsequent Injuries Benefits Trust Fund.

What is the Subsequent Injuries Benefits Trust Fund?

The Subsequent Injuries Benefits Trust Fund (SIBTF) is a resource that pays additional compensation to injured workers who have completed their workers’ compensation claim. The SIBTF is not an insurance company or an employer. The SIBTF is administered by the California Division of Workers’ Compensation. It was established to encourage the employment of persons with pre-existing disabilities or impairments by paying additional compensation in the event the person with a pre-existing condition later gets injured at work and pursues a workers’ compensation claim.  

Who Qualifies to Receive Additional Compensation From SIBTF?

A person who has completed their workers’ compensation claim, but had a pre-existing disability or impairment may qualify for compensation from the SIBTF.

Someone with a pre-existing disability or impairment was already permanently partially disabled who later injured at work. Therefore, a person qualifies for SIBTF compensation if they had a pre-existing condition at the time they were injured at work and had a workers’ compensation claim, and as a result, are more disabled.

However, it is not enough that the worker becomes more disabled. There are two numerical thresholds to meet to qualify for SIBTF.

SIBTF Qualification Thresholds:

1.     First, the combination of both prior disability and work injury must result in a permanent disability equal to 70% or more.

2.     Second, either the prior disability or impairment affected a hand, arm, foot, leg, or eye, and the work injury affected the opposite and corresponding member. Or, the work-injury alone resulted in a permanent disability of 35%.

Does the Prior Disability Have to be Work-Related?

No, the applicable statute, Labor Code section 4751, does not require the prior disability to have been the result of a prior work-related injury. The prior disability must impair the ability to perform work or otherwise would be ratable as if it were a work-related injury. There should also be evidence of the prior disability.

If you have questions about whether your prior injury or illness may qualify, contact us for a free review.

How Much Does SIBTF Pay? & What Benefits Does SIBTF Pay?

The amount of benefits paid from the SIBTF is the difference between the combined permanent disability and the permanent disability paid for the work-related injury by the employer.

Furthermore, the duration of the SIBTF benefits payments paid from the SIBTF continues weekly for the life of the injured worker.

If you suffered a work-related injury and you have a prior disability, act to secure the additional compensation you deserve! While there is no statute of limitations to these benefits, you must file for them within a reasonable time.

Can You Get a SIBTF Lump Sum Payment?

While the Subsequent Injuries Benefits Trust Fund (SIBTF) is fundamentally structured to provide ongoing, weekly payments for the injured worker's lifetime, the possibility of a lump-sum settlement should not be entirely dismissed. SIBTF's core function is to bridge the gap between initial workers' compensation benefits and the total disability resulting from combined injuries, ensuring sustained financial support.

However, in certain complex cases, or through negotiation, a lump-sum SIBTF settlement might be considered, though this is not the standard procedure. It is critical to consult the workers compensation attorneys at SoCal Workers Comp for details regarding your specific case.

The SIBTF Process in California

The SIBTF process in California involves a detailed application and documentation procedure, separate from your initial workers' compensation claim.

It begins with establishing eligibility, proving a pre-existing disability and a qualifying subsequent work injury. Following application submission to the California Division of Workers' Compensation, medical evaluations and legal review are crucial. The process demands meticulous record-keeping, including prior medical history and work-related injury details. Navigating this system often requires legal expertise to ensure proper filing and representation. Delays are common, and how long the SIBTF process will take varies, making having the right attorney fighting for you key for a successful outcome.

How Long Does the SIBTF Submission Process Take?

Determining how long does SIBTF takes is complex, as the processing time varies. While the Division of Workers' Compensation has up to 30 days to initially review a submitted application, the overall duration can extend significantly, often spanning several months to over a year, depending on the case's complexity and workload. Again having the right workers comp attorney like the ones at SoCal Workers Comp by your side will ensure the process as fast as possible.

The Attorneys at SoCal Workers Comp Can Start Your Claim for SIBTF Benefits

Even if you settled your work injury claim without an attorney, you can retain an attorney to start your claim for SIBTF benefits. Pursuing a claim requires appropriate filing and access to doctors to provide proof of entitlement to benefits. The attorneys of SoCal Workers Comp offer you their legal knowledge and medical resources to potentially secure additional compensation that can provide meaningful lifetime assistance. And we charge no fees upfront! You do not pay us unless we qualify you for compensation. Call or schedule a free consultation with us today.

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