San Diego SIBTF Claims Attorney

San Diego SIBTF Claims Lawyer

Most workers in San Diego are aware of their right to workers’ compensation benefits if they are injured at work, but some workers suffer injuries that make their preexisting medical conditions worse. The state’s Subsequent Injuries Benefits Trust Fund (SIBTF) exists to address such situations, and an experienced San Diego SIBTF claims attorney can help you recover the benefits you are eligible to claim.
San Diego SIBTF Claims Attorney

Legal Counsel for SIBTF Claims in San Diego

Filing a claim for workers’ compensation benefits and SIBTF benefits can be a tremendous challenge if you attempt to handle this on your own. Not only would you be forced to contend with strict filing requirements, but you would need to meet these obligations while contending with your medical complications. Working with a San Diego SIBTF benefits lawyer makes the entire process much easier to manage and more likely to yield the results you hope to see.

Our Experienced Attorneys Can Guide You Throughout the Claim Filing Process

Mitchell Law Corporation excels at representing workers’ compensation claims in San Diego, and we have years of professional experience guiding our clients through the SIBTF claim filing process. If you believe that a recent injury at work has made a preexisting condition worse, it may qualify you for SIBTF benefits. This is true even if you only recently discovered the preexisting condition.

Our firm can guide you through the claim filing process. We can assist you in gathering all the evidence and documentation you need to submit with your claim and help file the claim correctly to minimize the chance of administrative issues slowing down your claim’s processing. If you encounter any problems with your employer and/or a workers’ compensation insurance carrier, we can assist you in resolving these issues as well.

Division of Workers’ Compensation Manages the SIBTF

The SIBTF is managed by the California Division of Workers’ Compensation (DWC), and any interactions with government officers will be easier and less daunting when you have legal counsel you can trust on your side. Mitchell Law Corporation is ready to provide the comprehensive legal support you need to navigate your claim filing process as swiftly and successfully as possible.

Do I Need a Workers’ Compensation Attorney for an SIBTF Claim?

Technically, it is possible for an injured worker to file a claim for workers’ compensation benefits on their own, and they may attempt to file an SIBTF claim unassisted, too. However, it is inadvisable for several reasons, especially when it comes to SIBTF claims. These claims are inherently more complex than standard workers’ compensation cases and involve more complicated calculations.

Additionally, even if you managed to succeed with your claim unassisted, you would risk settling for less compensation than you rightfully deserve. While it’s reasonable to expect a government office like the DWC to handle your claim in good faith, the same cannot be assumed of insurance companies that are entirely profit-driven. Having an experienced attorney on your side minimizes the chances of encountering bad-faith treatment of your claim.

In the event that your workers’ compensation claim and/or SIBTF claim are denied, your attorney can help you appeal these decisions and work toward securing the benefits you are legally owed. Additionally, if you have grounds to pursue compensation outside of these options, an experienced attorney can be an invaluable asset for any further legal recourse you attempt to pursue.

Ultimately, hiring experienced legal representation makes every aspect of your case easier to manage and more likely to yield the results you hope to see. Mitchell Law Corporation takes time to learn as much as possible about every client we represent, developing individualized legal strategies that always aim for maximum recovery. Whatever your claim entails, you can trust our firm to help maximize your benefits as much as California law allows.

Determining Eligibility for an SIBTF Claim in San Diego

Workers’ compensation insurance can apply to any type of injury suffered on the job. If you were hurt while working or if you developed an illness from your work environment, you qualify to file a claim for workers’ compensation benefits. If your employer does not have this insurance or interferes with your claim, they face severe legal penalties.
Workers’ compensation seeks to provide financial relief from the effects of a work-related injury, but only for that injury. If you already had some preexisting condition and your recent work injury made the preexisting condition worse, you can only expect workers’ compensation to address the added effect of your most recent injury. The SIBTF exists to address these situations, filling the gap in the claimant’s recovery.

It does not matter if you were aware of a preexisting condition when a recent injury at work made it worse. As long as you can prove that your recent injury exacerbated your preexisting condition, you likely qualify for SIBTF benefits. However, the amount you can receive will depend on your overall level of disability from the combination of the preexisting condition and your most recent injury.

Commonly cited preexisting conditions that can qualify you for SIBTF benefits in San Diego include:

  • Arthritis and similar degenerative conditions
  • Autoimmune diseases
  • Inner ear injuries resulting in balance issues
  • Cancer
  • Any type of chronic pain disorder
  • Circulatory issues
  • Dental injuries
  • Diabetes
  • Gastrointestinal disorders such as irritable bowel syndrome and Crohn’s disease
  • Hearing impairment
  • Heart defects and cardiovascular illness
  • Hypertension
  • Orthopedic and musculoskeletal injuries or disorders
  • Visual impairment

If you are unsure whether your preexisting condition would qualify you for SIBTF, it is important to consult an attorney as soon as possible. It’s also important to remember that you may have only recently discovered a preexisting condition, and the timing of your discovery should not negatively impact your claim filing process. Additionally, the preexisting condition does not need to have resulted from work for you to qualify for SIBTF benefits.

Your initial medical review for workers’ compensation benefits may not be the only medical evaluation you will need to qualify for SIBTF. There are physicians who specialize in assessing combined permanent disability, and an SIBTF doctor’s assessment may add strength and credence to your claim. Your San Diego SIBTF claims lawyer can help you meet all eligibility requirements to qualify for the benefits you legally deserve.

Calculating a Combined Disability for an SIBTF Claim

When you file a claim for workers’ compensation benefits, a medical review is usually a requirement before you can receive any type of benefits. You will need to see a local physician approved by your employer’s workers’ compensation insurance carrier. This doctor will assess your injury and assign you a disability rating with a numerical value of 1 to 100. The higher your rating, the more benefits you can receive.

To qualify for SIBTF, you must take your workers’ compensation disability rating into account for your most recent injury with respect to your preexisting condition. Workers’ compensation may only address the effects of your recent injury at work, while SIBTF can then make up the difference. The combination of your disability ratings from both injuries must be 70% or more, with at least 35% being the result of your most recent industrial injury.

Alternatively, it is possible to qualify for SIBTF under the opposite and corresponding rule. For example, if you have a preexisting injury to one hand, you likely rely on your other hand to compensate for this injury. If you were to suffer a new injury to your good hand, it is potentially very disabling.

The opposite and corresponding rule applies when you are at least 35% permanently disabled on one side from your preexisting condition, and your new injury results in a 5% or greater increased disability on your other side. For example, you may be 50% disabled in your left hand, and if you were to suffer an injury to your right hand that is 55% or greater, you qualify under the opposite and corresponding rule.

Benefits From SIBTF

It’s natural to wonder how much you could receive from a successful SIBTF claim. There are many factors that go into these calculations, so you will need to consult your attorney about your specific case. Generally, you can expect a similar assessment to what you faced with your standard workers’ compensation claim, and your SIBTF claim, if successful, can make up the difference.

For example, if your workers’ compensation benefits took a 60% disability into account, but the combined total of your new injury and your preexisting condition is 80%, the SIBTF can make up this 20% difference. The exact amount you receive will depend on your usual earnings, and it is possible for the SIBTF to either pay out a single lump sum compromise and release settlement or to continue paying you regularly with a stipulation award.

What to Expect From Your San Diego SIBTF Claims Lawyer

When you are searching for an attorney to help with an SIBTF claim in San Diego, it is vital that you choose an attorney who has proven experience handling cases like yours. Mitchell Law Corporation can guide you through every step of your claim filing process and clarify the most challenging aspects of your situation.

It’s possible to encounter unexpected problems with your employer and/or their insurance carrier when it comes time to file your workers’ compensation claim. Because your SIBTF claim will take your initial workers’ compensation claim determination into account, it is vital to have legal representation you can trust to ensure you receive a fair determination of benefits. Our team can ensure your claim is handled in good faith and you receive an appropriate determination of benefits.

When it comes to dealing with the DWC, government agencies are quite strict about their filing requirements, especially if you are seeking benefits for a work-related injury. The DWC will want to see perfectly accurate forms, substantial supporting documentation, and careful attention to filing deadlines. We can handle all correspondence with the DWC for you until you receive an appropriate determination of your SIBTF benefits.

Workers’ compensation insurance typically shields an employer from facing civil liability for their injured worker’s damages, but it is possible for you to have grounds for legal recourse against a third party responsible for your injury. There are limits to what you can expect in disability benefits, even if you successfully qualify for both workers’ compensation and SIBTF benefits in San Diego.

Mitchell Law Corporation can assist you with filing a third-party personal injury claim if any third party outside of your work directly caused your most recent injury. This claim could enable you to recover compensation for your pain and suffering, which neither workers’ compensation nor SIBTF benefits compensate. If you suffered a severely disabling injury, the pain and suffering compensation you recover from a third-party claim may be substantial.

What Does It Cost to Hire a San Diego SIBTF Claims Attorney?

It’s natural to have concerns about the potential cost of hiring an attorney for your case, especially when you are already struggling with the financial effects of your disabling injury, such as your inability to work. However, there is no cause for concern when you choose Mitchell Law Corporation to handle your case.

Our firm accepts workplace injury cases on a contingency fee basis. Additionally, state law limits attorneys’ contingency fees in workers’ compensation claims. When you have a contingency fee agreement with your attorney, you pay them a percentage of your final case award as their fee instead of paying upfront or ongoing attorneys’ fees. If the attorney is unable to secure compensation for you, there is no fee at all.

This billing policy enables you to approach your claim with peace of mind. When you choose an experienced San Diego SIBTF claims attorney to help, you are investing in your own recovery and will be better prepared to handle any unexpected challenges that arise during your claim filing process. If you are ready to learn how a San Diego SIBTF claims lawyer can help you in your situation, contact Mitchell Law Corporation today to schedule a free consultation.

Don't Wait

You have only 30 days after
your injury to file your claim.


Contact us


  • Check all that apply.
  • Disclaimer

    Privacy Policy

  • This field is for validation purposes and should be left unchanged.

Mitchell Law Corporation
Stase Bar of California California Board of Legal SpecilizationMitchell Law CorporationABA Defending Liberty Pursuing JusticeThe State Bar of CaliforniaMitchell Law CorporationSDCBAConsumer Attorneys of San Diego Never Stand Alone
© 2024 Mitchell Law Corporation. All Rights Reserved.


Site Map

Privacy Policy

Rizeup Media
Translate »
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram