In order to determine if the alleged disabilities fulfill the requirements of the law for Second Injury Fund liability, the Attorney General’s Office must have the records regarding the treatment received for each injury being claimed against the Fund as well as knowledge regarding the amount of permanent disability determined to exist from the injury that occurred while the employee was working for the employer.
In permanent total disability claims, the law says that an employee may be entitled to permanent total disability benefits from the Second Injury Fund if the employee is unable to compete in the open labor market due to a combination of the employee’s prior disabilities and a subsequent work-related disability. In order to determine an employee's ability to compete in the open labor market, many times it is necessary for the Attorney General’s Office to take a deposition (or sworn statement) of the employee to fully understand the extent of his or her disabilities as well as to determine the potential ability of the employee to return back to the open labor market in some capacity.
For workplace injuries occurring on or before January 1, 2014, an employee may file an uninsured claim. In uninsured claims, the Second Injury Fund may be liable for payment of medical bills incurred as the result of an injury sustained by an employee of an employer who should have had workers' compensation insurance but failed to properly insure its liability. In order to ascertain the necessity of the health care provided and evaluate the bills claimed, the Attorney General’s Office must have both the medical records and bills to review. It is also necessary that the Attorney General’s Office have information regarding the employer so that it can ascertain whether or not the employer was subject to the Workers' Compensation Law and indeed failed to properly insure its liability.
For workplace injuries occurring on or before January 1, 2014, an employee may file a second job wage loss claim. In a wage loss claim, the Attorney General’s Office will need to know whether or not both jobs were with "employers" as defined by the Workers' Compensation Law. The Office will need medical information to see whether a medical provider has kept the employee off work from that second job as a result of the injury at the first. The Attorney General’s Office will need wage and other information regarding both the employee’s jobs in order to calculate any wage loss benefits that might be owed.