Missouri's Second Injury Fund

State:
Missouri
Control #:
MO-SKU-2307
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Description

Missouri's Second Injury Fund

Missouri's Second Injury Fund (MSF) is a state-funded program that provides reimbursement to employers for the cost of medical care and disability benefits for workers who are injured on the job and already have a pre-existing impairment. MSF is designed to encourage employers to hire and retain workers with disabilities. There are three different types of the fund: the Voluntary Second Injury Fund, the Compulsory Second Injury Fund, and the Occupational Disease Second Injury Fund. The Voluntary Fund provides reimbursement for the additional costs of hiring a worker with a pre-existing impairment. The Compulsory Fund provides reimbursement for workers injured on the job who already have a pre-existing impairment that either contributed to or aggravated the injury. The Occupational Disease Second Injury Fund provides reimbursement for workers with an occupational disease caused by the same employer.

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FAQ

A claim against the second injury fund shall be filed within two years after the date of the injury or within one year after a claim is filed against an employer or insurer pursuant to this chapter, whichever is later.

What Does the Second Injury Fund Do? The workers' comp Second Injury Fund assumes liability for compensation benefits attributable to prior injuries or illnesses. This happens when a worker subsequently becomes totally disabled because of a workplace injury.

The Second Injury Fund compensates injured employees when a current work-related injury combines with a prior disability to create an increased combined disability. The Second Injury Fund is funded by a surcharge paid by employers.

Generally your compensation rate will be equal to 2/3 of your average weekly wage at the time of the injury not to exceed a maximum rate which is presently 55% of the state average weekly wage (?SAWW?).

The following rates are in effect for Calendar Year 2023: Administrative Tax (authorized under Sec. 287.690) - 1.5 percent.

The Federal Employees' Compensation Act (FECA) provides that a claim for compensation must be filed within 3 years of the date of injury. For a traumatic injury, the statutory time limitation begins to run from the date of injury.

In Missouri, plaintiffs have up to five years to file a lawsuit for personal injury, defamation, and medical malpractice. However, a maximum of 10 years is allowed for discovery of an injury. Injury to property, trespassing, and enforcement of written contracts carry a five-year statute of limitations.

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Missouri's Second Injury Fund