Los Angeles Subsequent Injuries Benefits Trust Fund Lawyer

Due to the increased costs associated with workers’ compensation benefits, it can be difficult for people with disabilities to find employment. This dilemma led to the creation of the Subsequent Injuries Benefits Trust Fund, or SIBTF. It is meant to be paid in addition to a worker’s compensation claim. To find out whether or not you qualify for assistance through the SIBTF, contact a Los Angeles Subsequent Injuries Benefits Trust Fund lawyer to review your options.

The attorneys at the Mitchell Law Corporation are passionate about recovering the benefits their clients deserve. They have over 20 years of experience with a wide variety of employment law issues, including SIBTF claims, disability benefits, and personal injury claims. Contact Mitchell Law Corporation for a consultation in either English or Spanish to learn about how they can help you receive appropriate compensation.

Funds from the Subsequent Injuries Benefits Trust Fund or SIBTF are meant to supplement traditional payments from worker’s comp. These claims are managed by the California Division of Workers’ Compensation (DWC) on behalf of the California Attorney General’s office. In order to receive payments from the SIBTF, a person must have had a pre-existing disability before their injury, but they don’t necessarily have to have known about it at the time.

Although you are not required to hire an attorney to file an SIBTF claim, it can be incredibly helpful to do so. A workplace injury attorney can help you with many different aspects of your claim, including:

• Gathering Documents: Employment compensation claims typically require extensive evidence before any money is paid out. An attorney can help retrieve medical records, employment documents, and any other paperwork that might help get your claim approved.
• Filling Out Paperwork: Legal paperwork is often difficult to understand but is also extremely important to fill out correctly. Working with an attorney can make sure that the paperwork is filled out correctly to avoid any errors that could delay your claim process. The Mitchell Law Corporation also offers assistance in Spanish for individuals who need help with paperwork submitted in English.
• Staying Informed: SIBTF claims are not instantaneous. A benefits lawyer can keep you updated on the process and inform you of the general timeline of your claim. They can also monitor other claims related to your injury, including workers’ compensation.
• Addressing Problems: In the instance that your claim is denied or requires additional evidence, an attorney can help you submit the correct documents for a second opinion.

Benefit eligibility depends on three things:

• You must have had a pre-existing disability before the injury occurred. This disability does not have to be related to the job where the injury took place. The disability can be discovered after the injury occurred as long as it existed before the injury. Medical examinations after the injury usually identify any pre-existing disabilities.
• You must be injured in the workplace in a way that qualifies for a workers’ compensation claim. This injury plus your disability must make you more disabled than if you were not injured. If your workplace injury does not exacerbate your disability, it could be difficult to have your claim approved.
• Your total disability from the injury and pre-existing condition combined are then evaluated by a physician. The disability is assigned a percentage for how much normal body function it prevents. You must be at least 70% disabled from both your injury and pre-existing condition combined, and at least 35% of that 70% must come from the workplace injury.

Eligibility criteria for an SIBTF claim can be extremely complicated. This is why it is so beneficial to contact an attorney to review whether or not your injury qualifies for SIBTF payments.

SIBTF benefits are typically not payable to undocumented workers. This does not mean that other forms of benefits like workers’ compensation are not options. Undocumented workers dealing with workplace injuries should still contact an attorney to determine what types of financial assistance they are eligible for and how it might affect their legal status.

Once your claim is filed with the Division of Workers’ Compensation, they have up to 30 days to review your claim and reach a decision. If your claim is approved, you can receive the funds in one of two ways:

1. If your benefits are split up and paid over time, they are distributed as a stipulated award.
2. If you receive all of your benefits at once, this is considered a compromise and release payment.

In some instances, the amount of money awarded can be affected by other payments an individual already receives, like SSDI or other claims filed. If your case was not approved, you can ask for an appeal. This appeal might result in your case going to trial.

There are a wide variety of injuries that may qualify someone for an SIBTF claim, depending on their unique disability. This list is not exhaustive but features the most common injuries that happen on the job:

• A Slip or Fall: A person can slip or trip and fall in any workplace, even if they are not engaged in physical labor. These incidents can be worse if they result in injuries to the head, back, or spine.
• Car Accidents: Workers’ compensation can apply to some car accidents, especially for people like truck drivers, police officers, and other individuals who must drive for one of their primary job functions.
• Repetitive Use: Injuries can occur if an employee is required to engage in the same motion repeatedly over a workday. Things like carpal tunnel or tennis elbow qualify as repetitive use injuries.
• Machinery: If a piece of machinery fails and harms an employee, their injuries might qualify for workers’ compensation.
• Sprains: An employee can experience muscle strains and sprains if they must lift things repeatedly or use their muscles improperly. These issues can also affect ligaments and tendons.
• Hazardous Chemicals: Certain chemicals can cause employees a variety of injuries or illnesses when handled incorrectly. These injuries are especially common in certain industries like food and agriculture.

Different claims in Los Angeles, CA have different time limits for filing. Workers’ compensation claims typically have a statute of limitations of one year after the incident occurred. This means that the claim process must start almost immediately after the injury to prevent missing out on benefits.

SIBTF claims do not have an official statute of limitations, but this does not mean that there are no restrictions on when you can file your claim. Most SIBTF claims must be filed within a reasonable amount of time after the injury occurred or shortly after the individual filing the claim was informed of the potential benefits they could receive. To determine your status and whether or not you should file an SIBTF claim, contact an attorney as soon as possible.

Q: How Long Does It Take to Settle an SIBTF Case?

A: After filing an application for the Subsequent Injuries Benefits Trust Fund (SIBTF), the application is sent to the Division of Workers’ Compensation for review. It has up to 30 days to either approve or deny your request and send a formal answer to your claim. If they approve your claim, a hearing is scheduled to determine how much your settlement amount will be. This can either result in mediation or a trial.

Q: What Is the Subsequent Injury Benefit Trust Fund?

A: The Subsequent Injuries Benefits Trust Fund, or SIBTF, was created to assist workers with existing disabilities who are injured in their workplace. The fund was intended to encourage companies to hire disabled workers without needing to provide them with additional compensation. If a worker qualifies for SIBTF funding, they would submit an application and receive a decision from the Workers’ Compensation Appeals Board.

Q: How Much Does SIBTF Pay?

A: The amount of money an individual receives from SIBTF depends on their disability status and how much is covered by their employer. The individual amount varies from person to person. To get a clearer picture of how much you might receive from SIBTF, contact a worker’s compensation attorney with experience in the Subsequent Injuries Benefits Trust Fund.

Q: Who Can Receive Benefits From the Subsequent Injury Benefit Trust Fund?

A: To qualify for SIBTF payments, an individual must have a documented disability that was present before the workplace injury occurred. The severity of the disability is calculated using percentage points. If the combined percentage of the pre-existing disability and the recent injury is 35% or more, they qualify for SIBTF payments. This also applies to individuals who have 5% or more disability on one side of their body than the other.

We understand how difficult it can be to recover from injuries that aggravate a pre-existing disability. That’s why the attorneys at the Mitchell Law Corporation are ready to help you maximize your potential benefits from workers’ compensation and SIBTF claims. Schedule a consultation today to review your options and see how you might benefit from an SIBTF claim.