Written by attorney James Mitchell Hoffmann

What Is the Missouri Second Injury Fund?

The purpose of the Second Injury Fund (SIF) is to compensate an injured employee for the additional disability caused by pre-existing medical conditions that, prior to the primary injury date, are either a hindrance or obstacle to the employee’s work or to reemployment. The SIF bills and collects the Second Injury Fund Surcharge from the insurance carries that write the workers' compensation premiums in Missouri.

However, you may have heard that the SIF is running out of money. So the claim you make against the MO Second Injury Fund is filed away and not pursued. In reality the SIF should be called the pre-existing condition fund as it has nothing to do with a second injury, but only deals with the employee’s pre-existing condition(s) that affect(s) his/her ability to perform job duties on a regular basis prior to the date of the primary injury.

As of January 2012, the Second Injury Fund is paying the trial awards on permanent partial disability cases. The SIF is not paying on new permanent total awards, but will hopefully do so in the future if/when the SIF funding problem gets resolved. The SIF is paying permanent total awards from years past, but not from recent awards. The funding problem started back in 2005 when our legislature passed a bill that intentionally under funded the SIF. Missouri Govenor Blunt signed the bill into law despite knowing that the SIF would not have enough money to pay its claims. There are 100’s of work accident victims who have received permanent and total disability awards against the SIF. They rely on the weekly checks for income to pay bills and feed their families.

Free Workers Compensation Consultations James M. Hoffmann continues to take the SIF to trial. Thelegal team at the Law Office of James M. Hoffmann, has a strong history of helping injured workers get the medical attention and financial compensation that they need. We are located in St. Louis but we handle workers compensation cases throughout the entire state of Missouri. Schedule a free and private consultation by calling (314) 606-5870.

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