If you’ve been injured at work and have a pre-existing disability or condition, you may be entitled to additional compensation beyond standard workers’ compensation benefits. Missouri’s Second Injury Fund exists to help workers in exactly this situation, providing crucial financial support when workplace injuries combine with prior disabilities to create greater overall impairment.
Understanding how this fund works could mean the difference between receiving adequate compensation and struggling financially during your recovery. Eng & Woods can help you know when and how the Missouri Second Injury Fund can help you get the benefits you deserve.
What Is the Missouri Second Injury Fund?
The Missouri Second Injury Fund is a state-managed safety net designed to protect injured workers who face additional challenges due to pre-existing disabilities. The fund operates on a simple but important principle: when a new workplace injury combines with an existing disability, the combined effect is often much worse than the sum of the individual conditions.
For example, losing sight in one eye is a significant disability, but losing sight in both eyes creates challenges far beyond the impact of single-eye blindness. The Second Injury Fund recognizes this reality and provides additional compensation when workplace injuries create these compounded disabilities.
The fund serves dual purposes: it protects injured workers from inadequate compensation while encouraging employers to hire people with disabilities, knowing their liability for combined disabilities is limited.
Common Use Cases for Missouri Second Injury Fund Settlements
For injuries prior to January 1, 2014, the Second Injury Fund covered several situations where injured workers could qualify for additional benefits:
Permanent Total Disability Benefits
When a workplace injury combines with a pre-existing disability to render you completely unable to work, the Second Injury Fund may provide lifetime weekly payments. Your employer remains responsible only for compensation related to the most recent injury, while the fund covers the additional lifetime benefits resulting from the combined disabilities.
Permanent Partial Disability Benefits
If you have a qualifying pre-existing disability that combines with your work injury to create greater overall impairment, you may receive a lump-sum payment from the fund. To qualify, your pre-existing disability must equal at least 12.5% of the body as a whole or 15% of a major extremity (such as a hand, foot, knee or shoulder).
Rehabilitation Benefits
For seriously injured workers, the fund provides $40 per week for up to 20 weeks while attending physical rehabilitation at Division-certified facilities. Qualifying injuries include quadriplegia, paraplegia, amputations, severe burns, and back injuries not treatable through standard medical procedures alone.
Second Job Wage Loss Benefits
If your workplace injury prevents you from working at a second job, you may claim additional wage loss benefits from the fund. These benefits apply to injuries that occurred between August 1998 and December 2013.
Death Benefits for Uninsured Employers
When an employee dies from a work-related injury while working for an uninsured employer, the fund may provide burial expenses and weekly death benefits to surviving family members.
Important Changes Since 2014
Missouri significantly modified Second Injury Fund eligibility in 2014 to address the fund’s financial challenges. For injuries occurring on or after January 1, 2014, only two types of benefits remain available: rehabilitation benefits and permanent total disability benefits under much stricter criteria.
To qualify for permanent total disability benefits from the fund for post-2014 injuries, you must have a medically documented pre-existing disability equal to at least 50 weeks of permanent partial disability compensation that results from:
- Active military duty
- A previous Missouri workers’ compensation injury
- A condition that directly aggravates or accelerates your work injury
- Loss of an extremity, eyesight in one eye, or hearing in one ear, with your work injury affecting the opposite extremity, eye, or ear
These changes make it significantly more challenging to qualify for fund benefits, highlighting the importance of working with an experienced attorney who understands these complex requirements. Recent legal analysis shows that since the 2014 amendments, very few claims against the fund have been successful, making expert legal representation even more critical.
The modified Second Injury Fund statute has been in place for over ten years, but the Missouri courts are still trying to interpret the ‘new’ law and determine what preexisting disabilities qualify for Second Injury Fund compensation.
Understanding Different Types of Disability
Navigating the Second Injury Fund requires understanding how various disabilities interact with your work injury. The fund’s eligibility depends not only on having a pre-existing condition but on meeting specific thresholds for both your prior disability and your work-related injury.
For comprehensive information about how different types of disabilities affect your workers’ compensation case, including temporary and permanent disabilities, read our detailed guide on Workers’ Compensation: Understanding Different Types of Disability.
Time Limits and Filing Requirements
Like all workers’ compensation matters, Second Injury Fund claims are subject to strict deadlines. You must report your workplace injury to your employer within 30 days and may need to file a formal claim against the fund within two years of your injury or the last payment on account of your injury.
Understanding these deadlines is crucial for protecting your rights. For detailed information about Missouri’s workers’ compensation time limits, review our article on What You Need to Know About the Missouri Workers’ Compensation Statute of Limitations.
How an Attorney Can Help with Your Second Injury Fund Claim
Determining whether you have solid grounds for a Missouri Second Injury Fund claim requires careful analysis of both your pre-existing conditions and your work-related injury. The eligibility requirements are complex, and the 2014 law changes have made successful claims more challenging.
An experienced workers’ compensation attorney can:
- Evaluate whether your pre-existing disabilities meet the fund’s qualifying criteria
- Determine if your work injury combines with pre-existing conditions to create eligibility
- Gather necessary medical documentation to support your claim
- Navigate the complex interaction between employer liability and fund liability
- Represent you in hearings before administrative law judges when required
Given the technical nature of these claims and the significant financial stakes involved, attempting to handle a Second Injury Fund claim without legal representation puts you at a serious disadvantage.
Advice for Those Eligible for the Second Injury Fund
If you believe you may be eligible for Second Injury Fund benefits, take these important steps:
Act Quickly: Time limits are strict, and gathering necessary medical evidence takes time. Contact an attorney as soon as possible to evaluate your case.
Preserve Medical Records: Collect all medical records related to both your pre-existing conditions and your work injury. Detailed medical documentation is essential for proving fund eligibility.
Don’t Settle Too Quickly: Be cautious about settling your workers’ compensation case with your employer without first exploring Second Injury Fund options. Some settlements may affect your ability to pursue fund benefits.
Get Expert Legal Analysis: The interaction between different disability ratings, fund eligibility criteria, and potential benefits requires specialized knowledge that only experienced attorneys possess.
Protect Your Rights with Experienced Legal Help
The Missouri Second Injury Fund provides crucial protection for workers whose pre-existing conditions combine with workplace injuries to create greater disabilities. However, navigating the fund’s complex eligibility requirements and procedural demands requires experienced legal guidance.
Don’t let insurance companies minimize your claim or deny benefits you’re entitled to receive. The workers’ compensation attorneys at Eng & Woods have the knowledge and experience to evaluate your case, protect your rights, and fight for the full compensation you deserve.Contact Eng & Woods today for a free consultation. We handle all workers’ compensation cases on a contingency fee basis, which means you pay no attorney fees unless we secure a settlement or award on your behalf.
