The Subsequent Injuries Benefits Trust Fund (SIBTF) is designed to provide additional compensation to workers in California who have suffered a new workplace injury but already had a pre-existing disability or impairment. The amount of compensation you can receive from the SIBTF depends on several factors, including the extent of your pre-existing and subsequent injuries, your level of disability, and the overall impact on your earning capacity.
1. Calculation Based on Disability Rating
One of the key factors determining the amount of benefits from the SIBTF Law is your combined disability rating. This rating is a percentage that reflects the severity of both your pre-existing disability and your subsequent workplace injury. To qualify, the combined disability must be at least 70%, with the subsequent injury contributing at least 35% of the total permanent disability.
The higher the combined disability percentage, the more compensation you may receive. Medical professionals, typically Qualified Medical Examiners (QMEs), will assess your injuries and provide a disability rating based on the guidelines used in California’s workers’ compensation system. This rating helps determine the benefits provided by the SIBTF.
2. Wage Loss Compensation
SIBTF benefits are designed to make up for your loss of earning capacity. The fund provides payments that account for the difference between what you could have earned if you were not injured and what you can earn after your injuries. If your injuries prevent you from working at all, you may be eligible for lifetime benefits from the SIBTF, which can be substantial.
For example, if you were earning $50,000 a year before your injury, but due to your disabilities you are only capable of earning $20,000 a year, the SIBTF may compensate for a portion of the $30,000 wage loss. The amount you receive is calculated based on your disability rating, your current and previous earning potential, and how much the new injury has affected your ability to work.
3. Lifetime Benefits
One of the most significant aspects of the SIBTF is that benefits can continue for the rest of your life, depending on the severity of your disability. For those who have suffered severe disabilities that prevent them from returning to work entirely, lifetime payments may be available.
These benefits are often paid in regular installments, similar to how workers’ compensation is paid. The state determines the frequency and amount of these payments based on the individual circumstances of the case.
4. Additional Factors Affecting Compensation
Several other factors can influence the amount you receive from the SIBTF, including:
- Age and occupation: While your age and job type can affect workers’ compensation payments, they are not factored into the basic calculation of the 35% and 70% disability thresholds for SIBTF.
- Social Security benefits: SIBTF benefits are not offset by Social Security Disability Insurance (SSDI) payments, meaning that receiving SSDI does not reduce your SIBTF compensation.
5. Legal Assistance
Given the complexities of calculating SIBTF benefits and proving eligibility, it’s often helpful to consult a workers’ compensation attorney who specializes in SIBTF claims. They can ensure that your disability rating is properly assessed and that you receive the full benefits you’re entitled to under the law.
Conclusion
The amount you can receive from the Subsequent Injuries Benefits Trust Fund varies widely based on your combined disability rating, wage loss, and the severity of your injuries. In some cases, benefits can be paid for the rest of your life, providing significant financial support. To get an accurate estimate of your potential compensation, it’s essential to work with a qualified professional who understands the intricacies of the SIBTF process.