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LOUISIANA WORKERS COMPENSATION SECOND
INJURY FUND
The Louisiana Second Injury Fund is a state
agency which reimburses employers and Louisiana
Workers Compensation companies for part of the
income and medical benefits they pay in cases where
an employee who had a pre-existing disability
experiences a new on-the-job injury that is covered
by Louisiana Workers Compensation.
Every Louisiana Workers Compensation insurance
company, and every self-insured employer, who has
paid Louisiana Workers Compensation benefits in the
preceding year must make contributions to the
Louisiana Second Injury Fund.
For a self-insured employer or Louisiana Workers
Compensation insurance company to receive
reimbursement from the Louisiana Second Injury Fund,
a claim must meet at least the following
requirements:
- First, the employee must have a pre-existing
permanent partial disability that is an obstacle
or hindrance in obtaining employment. It's not
necessary that the pre-existing disability arise
from a work-related injury. The pre-existing
disability can be based upon a older Louisiana
Workers Compensation injury, but it could also
be based upon an injury or condition not covered
by Louisiana Workers Compensation, such an
accident outside of work or a medical condition
you were born with.
- Secondly, the employer must prove that they
knew about the employee’s pre-existing
disability before the later injury happened.
- Third, the new work-related injury must
result in liability for Louisiana Workers
Compensation benefits, and:
- the current injury would not have
happened but for the pre-existing permanent
partial disability; or
- The claimant's total disability is
greater than it would have been if the
claimant didn't already have the other
pre-existing permanent partial disability
and the employer has been required to pay
Louisiana Workers Compensation benefits as a
result of the greater disability.
- Finally, the employer or Workers
Compensation insurance company must file a
Notice with the Louisiana Second Injury Fund
within one year of paying any income or medical
benefits.
If the new Louisiana Workers Compensation claim
meets the legal requirements, the Louisiana Second
Injury Fund will reimburse the Workers Compensation
insurance company or self-insured employer the
following amounts:
- For injuries occurring before July 1, 2004,
and on or after July 1, 2009, the Louisiana
Second Injury Fund will reimburse the employer
or insurer for all Louisiana Workers
Compensation income benefits after the first 104
weeks of benefits, and for all medical benefits
at the following rates:
- 50% of all medical expenses between
$5,000.00 and $10,000.00, and
- 100% of all medical expenses over
$10,000.00.
- For injuries occurring on or after July 1,
2004, and before July 1, 2009, the Louisiana
Second Injury Fund will provide reimbursement
for Louisiana Workers Compensation income
benefits after the first 130 weeks of benefits,
and all medical expenses over $25,000.00.
These reimbursement rates apply to both periodic
benefits and lump-sum settlements. All settlements
(for injuries since 1995) must be approved by the
Second Injury Fund before before they are submitted
to the Louisiana Office of Workers Compensation.
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