MWCEA 2023 Program Directory

A FIVE-MINUTE GUIDE TO THE SUBSEQUENT INJURY FUND

I. REQUIREMENTS FOR SUBSEQUENT INJURY FUND LIABILITY Several statutory requirements must be met before liability can be imposed upon the

Subsequent Injury Fund (“the Fund”; also commonly referred to as the SIF) (Labor and Employment Article § 9- 802 et seq.). First, there must be a previous permanent impairment due to an accident, disease or congenital condition. While most impairments fall within one of these broad classifications, the Fund is not responsible for all pre-existing conditions that may be factors in a Claimant's ability to work and earn wages. For example, lack of education or the inability to speak English may affect a Claimant's inability to return to the workforce following a disabling accident, but it is difficult to fit either into the category of an accident, disease or congenital condition. That said, if the Claimant has a documented learning disability, these factors may come into play in determining whether a previous impairment will affect Fund liability. The second statutory requirement to establish Fund liability is that the previous permanent impairment must be such that it is, or is likely to be, a hindrance to the Claimant's employment (§9- 802(b)(1)). If the Workers Compensation Commission (“the Commission”) finds that the alleged pre- existing condition was not and is unlikely to be a hindrance to employment, the Fund is not liable regardless of the severity of impairment.