What happens after a claim is filed, and how long does it take for my Second Injury Fund case to settle?

The Division of Workers’ Compensation will send the Claim for Compensation to the Attorney General’s Office for their response. (Remember that the Attorney General is responsible for defending claims against the Fund.) The Attorney General has 30days to file its Answer to the Claim for Compensation. You will receive a copy of the Answer. The Answer will either admit or deny the allegations or statements made in the claim. The Second Injury Fund also may state that it lacks information to admit or deny the statements made in the claim and in this instance will re-evaluate the case when additional information is made available.

The claim will be scheduled for a “pre-hearing” conference before an administrative law judge. You (or your lawyer, if you are represented) must appear at the pre-hearing to discuss your claim with the assistant lawyer general and the judge. This is an informal meeting which may result in a settlement of your claim.  After a pre-hearing, a mediation may be requested. A mediation is a confidential settlement conference with an administrative law judge.

As in other workers’ compensation cases, the Fund or the employee may request to have an evidentiary hearing (trial) held before an administrative law judge to determine if the employee is eligible for the benefits being sought. Evidence, including medical evidence, is required. The employee has the burden of proof on all contested issues. For more information about evidentiary hearings, awards and appeals, read What to Expect If Your Case Goes To Trial and Appealing The Judge’s Decision. As for an actual time period, time depends on the judge’s caseload and the severity of your case.

Workers' Compensation - Second Injury Fund

  1. How do I know if I am eligible for Physical Rehabilitation Benefits from the Second Injury Fund?
  2. How are the rehabilitation benefit amounts calculated?
  3. What is the maximum number of weeks allowed for this benefit?
  4. How much money will I receive if I qualify for this benefit?
  5. How often do checks for the rehabilitation benefit get mailed?
  6. What happens if I go to a facility that is not certified by the Division?
  7. How do I qualify for Second Injury Fund?
  8. How do I claim benefits from the Second Injury Fund?
  9. Do I need an attorney to file a claim against the Second Injury Fund?
  10. What happens after a claim is filed, and how long does it take for my Second Injury Fund case to settle?
  11. What is the status of my claim?
  12. How long do I have to file a claim against the Second Injury Fund?
  13. How are payments made?
  14. How much money will I get/how is the settlement figured?
  15. My attorney won’t return my calls. What can I do?
  16. May I come and pick up my check?
  17. I received an e-mail about a quarterly report that was due to the Division. What is this quarterly report for? We don’t write Workers’ Compensation policies. Why do I have to report?
  18. Do we have to report quarterly? Can we be exempt from reporting, since we don’t write workers’ compensation insurance?
  19. Where can I find the Affidavit of Zero Reporting? (Commercial Insurers Only)
  20. Can the Affidavit of Zero Reporting be faxed to the Division?
  21. If I am reporting $0s or have a credit balance for a quarter, do I still need to mail a hard copy to the Division?
  22. Where do I find my access code and ID number?
  23. Do I have to fill out the Electronic Partnering/Confidentiality Agreement?
  24. Does a new Electronic Partnering/Confidentiality Agreement need to be completed if the contact person changes?
  25. Can more than one person receive the e-mails from the Division?
  26. Does each contact on file with the Division have his/her own access code & ID number?
  27. How are the late penalty and interest calculated?
  28. What is considered late?
  29. Does the Division accept postmark dates?
  30. I report for more than one company. Can I send in one check for all the companies for which I am reporting?
  31. What are the historical Second Injury Fund Surcharge (SIF), Workers’ Compensation Administrative Tax and Workers′ Compensation Administrative Surcharge rates?
  32. How do I report retrospective policies?
  33. How do I correct a quarterly report form after I have submitted it electronically to the Division?
  34. Do we have to report quarterly? Can we be exempt from reporting since we don’t write workers’ compensation insurance?

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