Life is stressful enough when you’re injured and out of work.
But when you find out your initial workers’ compensation settlement might not tell the whole story, and the state owes you more money, panic quickly sets in. Every day that passes is another day you are losing access to lifetime payments you are legally entitled to receive.
Workers who had a pre-existing disability and were injured again often qualify for a separate, crucial resource: the Subsequent Injuries Benefits Trust Fund (SIBTF). This fund provides additional money to make up for your total disability. But the SIBTF process is complex. Let us help.
Secure Lifelong SIBTF Benefits Today
Many workers are either denied or miss out entirely because they try to navigate the specific medical and legal SIBTF requirements alone. SoCal Workers Comp is a workers-only firm dedicated to protecting the rights of injured employees when they are overlooked or shortchanged.
Our team of certified SoCal SIBTF claim attorneys specialize in finding and securing every last dollar of compensation, including aggressively filing SIBTF claims on your behalf. We take on the fight when employers and the system fail you.
No upfront fees or charges – get started for free and pay after your case is settled.
Introduce your hurt loved one. We provide the guidance and attention your family needs to start returning to normalcy. Get exceptional care and committed legal support, including litigation, as necessary.
Pursue meaningful compensation based on the true value of your claim for peace of mind.
“After experiencing poor service with another attorney, Jeff helped me close my case. Very professional, courteous, and best of all—always called me back. Couldn’t ask for more.”
– L.P.
“Jeff is very punctual and his concern for my being is genuine. I believe his work goes beyond his line of duty. He shows passion and drive for the well-being of others. His office is very fortunate to have him on their team.”
– Michael C.
“Jeff is the best. Professional, efficient, and just a great person to work with. Thank you, Jeff, for your kindness, attentiveness, and for taking us on as clients.”
– Gianeva S.
“Gratamente agradecido con Jeff el abogado que manejo y resolvió mi caso por accidente laboral, recibí gracias a ellos la atención médica que me había sido negada, tienen un excelente equipo de trabajo (Vanesa es la mejor de todas) siempre dispuesto a ayudar y resolver cualquier duda. Gracias.”
– Johan A.
“Jeff is the best. Professional, efficient, and just a great person to work with. Thank you, Jeff, for your kindness, attentiveness, and for taking us on as clients.”
– Gianeva S.
“Gratamente agradecido con Jeff el abogado que manejo y resolvió mi caso por accidente laboral, recibí gracias a ellos la atención médica que me había sido negada, tienen un excelente equipo de trabajo (Vanesa es la mejor de todas) siempre dispuesto a ayudar y resolver cualquier duda. Gracias.”
– Johan A.
“After experiencing poor service with another attorney, Jeff helped me close my case. Very professional, courteous, and best of all—always called me back. Couldn’t ask for more.”
– L.P.
“Jeff is very punctual and his concern for my being is genuine. I believe his work goes beyond his line of duty. He shows passion and drive for the well-being of others. His office is very fortunate to have him on their team.”
– Michael C.
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Lorem Ipsum. Write out 1-2 sentences here describing extra context for the result. This can be as short or as long as needed.
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Lorem Ipsum. Disclaimer that past results are not guarantees of future outcomes.
When facing the daunting and complex prospect of navigating the SIBT process, it is normal to have more questions. And, as the leading SoCal SIBTF claims attorneys, we have the answers. Here are some of the most frequently asked questions we get about SIBTF workers’ compensation.
The Subsequent Injuries Benefits Trust Fund (SIBTF) is a vital financial resource administered by the California Division of Workers’ Compensation, not your employer or their insurance company.
The SIBTF was established specifically to encourage the employment of workers who have pre-existing disabilities or impairments.
The fund pays additional compensation to injured workers whose overall disability is significantly increased by a subsequent work injury.
This process is crucial because it ensures an injured worker with a prior disability receives fair compensation for the combined effect of their old and new injuries, meaning they are not penalized in the workplace.
SIBTF eligibility requirements are specific and often missed by inexperienced workers' compensation attorneys. A person who has completed their workers’ compensation claim but had a pre-existing disability may qualify. You must meet two numerical thresholds for your SIBTF claim:
• Combined Disability Threshold: The combination of both your prior permanent partial disability (PPD) and your new work injury must result in a total permanent disability equal to 70% or more.
• Specific Injury Threshold: You must meet one of two criteria:
The timeline for SIBTF cases is highly variable due to the complex nature of proving combined disability and the government bureaucracy involved.
While there is no strict statute of limitations for these benefits, you must file for them within a reasonable time. Once your attorney files the application, the State of California Attorney General's office (which handles the claim for the SIBTF) has 30 days to respond and file an Answer.
However, the time required to gather the necessary medical evidence, obtain specialized SIBTF evaluations, and negotiate a final settlement or award means the entire process can take many months to a year or even more.
This illustrates why immediate action with an experienced attorney is critical – only a SoCal SIBTF claim attorney has the experience and expertise to streamline this process without compromising your claim.
Further Reading: Securing Your Subsequent Injuries Benefits Trust Fund (SIBTF) Compensation in California
The amount paid from the SIBTF claims is the difference between your combined permanent disability (due to both the old and new injuries) and the permanent disability benefits paid by your employer for the work-related injury alone.
Your pay will climb the higher your disability rating is on a sliding scale, from 70% to 99%. If your rating is 100%, however, you will be entitled to 66% of your earnings, meaning this is the limit.
The main benefit paid by the SIBTF is weekly payments that continue for the life of the injured worker. These ongoing, lifetime payments are designed to provide meaningful assistance to compensate for the total level of disability.
Further Reading: How Much Does SIBTF Pay in California | The SIBTF Process
The SIBTF payments calculation begins by determining the total combined permanent disability rating (at least 70% is required). This total PD rating is then used to calculate the full compensation amount the worker is owed.
The SIBTF then pays the difference between this total compensation and the amount the employer's insurance company paid for the work injury alone.
The final amount may also be reduced by certain Social Security or other benefits you receive for the pre-existing condition.
The amount of your SIBTF payments is highly dependent on your specific circumstances, but they are designed to be substantial and often paid for life.The calculation is based on the difference between two figures:
The SIBTF steps in to cover the remaining difference.
These lifetime weekly payments are based on the legal formula tied to your average weekly earnings (AWE) at the time of your injury.
While the weekly rate is capped, successful SIBTF cases have resulted in payments of several hundred dollars per week for life, often adjusted annually for cost-of-living increases.
This financial safety net is why securing SIBTF payments is so critical for injured workers across Southern California.
Yes, in some instances, a SIBTF lump sum payment is possible. SIBTF claims are typically resolved in one of two ways:
Whether your SIBTF claim results in a lump sum or weekly payments depends on the specific circumstances of your case and what your attorney can negotiate, further illustrating the importance of seasoned counsel.
Yes, securing SIBTF retroactive pay is often a major component of a successful claim.
When your SIBTF claim is approved, the benefits are not just for future payments; they can be awarded retroactively, meaning you receive a large lump sum of back pay from the date your permanent disability became effective.
In successful SIBTF cases, this retroactive award can be substantial, sometimes totaling over a hundred thousand dollars depending on the severity of the injury and how much time has elapsed, providing immediate financial relief.
Because this back pay can be life-changing, it is one of the primary goals our SoCal SIBTF claim attorneys pursue when we take on your case.
SoCal Workers Comp is based in Orange County, but we advocate for workers throughout all of Southern California.
Thus, whether you are looking for a Los Angeles SIBTF claim attorney, San Diego SIBTF claims attorney, Torrance SIBTF attorneys, or even Long Beach SIBTF attorneys, we can help.
Let us go to battle for you to secure the benefits you deserve. We focus exclusively on Southern California to provide the specialized, local legal representation you need.
Like most California workers’ compensation cases, SIBTF attorney fees are based on a contingency fee basis. This means you pay no fees upfront, and your attorney is only paid if they successfully secure benefits for you.
Fees are a percentage of the benefits awarded and are subject to approval by the Workers’ Compensation Appeals Board (WCAB).
The standard percentage in California workers' compensation is usually between 10% and 15% of the total award secured for you.
The complexity and successful outcome of the SIBTF claim are factors considered in the final approved fee.
Contact SoCal Workers Comp for help with treatment & compensation.
