The “Subsequent Injuries Benefits Trust Fund” (SIBTF) was set up by the Legislature to encourage employers to hire employees who already have preexisting disabilities without having to worry that the said employee’s potential work-related injury will cause the employer to pay more than the share caused by the work injury. See Labor Code Sec. 4751 et. seq.
Simply put, to qualify for benefits from the SIBTF, you, the injured worker, must meet three requirements:
If you meet these three elements, you will likely qualify for benefits from the SIBTF.
Mr. Joseph Smith had already a pre-existing disability of 40% before applying for a job at McDon’s Restaurant. After being hired and during his first week on the job, he was injured at McDon’s Restaurant. The new work-related injury at McDon’s (ie., subsequent injury) and the pre-existing injury combined caused him to have 75% permanent disability. McDon’ is responsible only for the work-related portion of the disability of 35% (i.e., 75%-40%). The SIBTF will be responsible for the amount of additional permanent disability indemnity after McDon’s pays out its portion, and also SIBTF will pay the life pension to Mr. Smith (because life pensions are payable when permanent disability is 70% or more).
IF YOU BELIEVE THAT YOU MAY BE IN THIS SITUATION, CALL US FONG BROTHERS FOR A FREE CONSULTATION!!!!
THE CALL IS FREE!!!!!!