Pre-Existing Permanent Physical Impairments
The South Carolina Second Injury Fund was established to encourage employers to hire handicapped people by fully compensating such employees for subsequent injuries without penalizing the employer who hired them. Employers or their insurance carriers are reimbursed for compensation and medical benefits paid under the Workers' Compensation Act to injured employees with pre-existing permanent physical impairments. At Trask & Howell, L.L.C., our attorneys are dedicated to providing high-quality, cost-effective representation to South Carolina employers, carriers, and self-insurance funds. Our comprehensive services include assistance with claims and strategies involving the Second Injury Fund and employment of people with pre-existing permanent physical impairments.
Second Injury Fund Claims
The Second Injury Fund entitles employers and carriers to reimbursement under certain conditions. The employer/carrier must provide full benefits in accordance with the Workers' Compensation Act and then prove entitlement to reimbursement. The process includes proving the existence of the pre-existing permanent physical impairment, as well as a subsequent compensable injury that resulted in disability substantially greater than that which would have resulted from the subsequent injury alone. The intricacies of pursuing reimbursement are complex, but in cases where more than 78 weeks of benefits have been paid, Second Injury Fund recovery should be explored.
Complex Workers' Compensation Issues
The lawyers of Trask & Howell, L.L.C., have the experience and dedication to handle the most complex workers' compensation issues for employers and insurance carriers. Second Injury Fund claims are just one example of the services we provide. To discuss an individual claim or any workers' compensation concern, contact our firm today.
Located just across the river from Charleston, we represent clients in cases throughout South Carolina.
