SUBSEQUENT INJURY TRUST FUNDS

Also known in some jurisdictions as "second-injury funds", the underlying concepts are the same. These programs are enhancements of workers-compensation laws and rules in the various states, that provide a mechanism to fund injuries that recur to workers. In most cases, the mechanism is a state-administered fund, which is funded by the workers compensation insurance carriers who write policies in the state. These carriers are assessed a percentage of their writings.

These programs are all designed to encourage business owners and managers to hire disabled, or previously-injured workers, who are otherwise qualified and capable of performing the work they're applying for. In some circumstances, a business person might be reluctant to hire a disabled person, or someone with a serious injury in his or her background, fearing that if this injury recurs, or the disability is exacerbated by employment, then the resulting workers compensation claim would drive up the cost of future workers' compensation premiums. Subsequent, or Second-Injury Fund (SITF) programs take away this potential for loss, by providing an alternate source of funding the claim. The workers compensation insurance carrier, rather than having to pay the claim costs out of their reserves, can draw funds out of the Subsequent/Second Injury Fund for this purpose. Because the funds are not charged against the employer's "account", the employer's loss history (and experience rating) is not later affected by payments made from the SITF.

Each jurisdiction has its own set of rules, and procedures for administering SITF programs. Some states do not have such a program.

In Georgia, the SITF requires that the employer have prior knowledge of the employee's previous injury or condition. Proof of this knowledge is best established using a state-provided form, (Post-Hiring Medical Questionnaire) which is found on this page. However, many claims professionals advise that proper use of this form, or a similar one, in any state, helps to learn of an employee's strengths, potential weaknesses, and propensities for injury, that can assist in both proper placement of the employee in an appropriate job, and in complying with requirements of the Americans With Disabilities Act. (ADA).

It is extremely important to note the Post-Hiring Medical Questionnaire (PHMQ) must never be used as a screening tool to disqualify an applicant for employment based on a previous injury, or disability. Doing so is a violation of the Americans With Disabilities Act, and may subject the employer to civil action and criminal prosecution. Properly used, however, the form is a valuable, and benign tool, carrying no risk whatsoever.

GEORGIA SUBSEQUENT INJURY TRUST FUND
In Georgia, the recommended use of the Post-Hiring Medical Questionnaire is to have new hires complete the form at the same time they complete tax withholding documents, after the offer of employment has been made. (This can help to avoid misunderstandings that lead to ADA problems)


The official Georgia State brochure, summarizing the Georgia SITF.

English and Spanish- Language versions of the Post-Hire Medical Questionnaire:
More detailed information on the Georgia Subsequent Injury Trust fund can be found at the state's website.



(Note: Individual files can be downloaded by right clicking on link and choosing "Save Target As".  Files require Acrobat Reader to view, which can be downloaded for free by clicking on icon DRIVER FILES.pdf.)