Claims against the Subsequent Injury Fund are made by filing an issue with the Workers' Compensation Commission impleading the Fund.  Copies of the issue and all supporting medical information should also be provided to the Subsequent Injury Fund so the claim can be opened.  The actual Fund liability is determined by the Workers' Compensation Commission after a complete hearing on all relevant aspects of the claim.
 

Criteria Determining Eligibility

For a workers' compensation claimant to be eligible to receive compensation from the Subsequent Injury fund, he/she must meet certain criteria set by statute.  All of the following listed conditions must be met in order for a successful claim to be made against the Fund:

• The claimant must have a pre-existing impairment.

 
• The pre-existing impairment must be the result of an accident, disease, or congenital condition.

 
• The claimant must have an overall disability exceeding 50% of the body as a whole.

 
• The pre-existing impairment and the compensable injury must each be compensable for a period of 125 weeks out of a total of 500 weeks maximum possible.

 
• The pre-existing impairment must be, or be likely to be, a hindrance to the claimant's employment.

 
• The overall disability of the claimant due to the pre-existing impairment and the compensable injury must be greater in combination that the disability from the compensable injury alone.