Subsequent Injuries Benefits Trust Fund (SIBTF)
Additional Compensation for Workers with Pre-Existing Conditions
If you were injured at work and already had a pre-existing condition, disability, or impairment, you may qualify for significant additional benefits through California’s Subsequent Injuries Benefits Trust Fund (SIBTF). Many injured workers, and even many attorneys, are unaware of this benefit. At The Law Offices of Zachary M. Kweller, APC, we have the specialized knowledge to pursue SIBTF claims on your behalf.
Call Us for a FREE Consultation — No Fees Until You Win
(925) 663-8364
Available in English and Spanish | Concord, CA 94520
What Is SIBTF?
SIBTF is a California state fund designed to encourage employers to hire workers with disabilities by protecting employers from bearing the full cost of a subsequent workplace injury that is made worse by a pre-existing condition. When both the current injury and a prior disability combine to create a substantially greater total impairment, SIBTF pays the additional compensation above what the current employer’s insurer owes.
In other words: you may be entitled to two sources of workers’ compensation benefits — from your employer’s insurer and from the State of California’s SIBTF — at the same time.
The Three Requirements for SIBTF
- Your current workplace injury results in at least 35% unadjusted permanent disability. In certain cases, this threshold may be lower.
- You have proof of a pre-existing disability or impairment that existed at the time of your current work injury.
- The combination of your pre-existing condition and your current injury results in a combined permanent disability of at least 70% unadjusted.
What Counts as a Pre-Existing Condition?
The scope of what qualifies as a prior impairment for SIBTF purposes is broad. Qualifying pre-existing conditions may include:
- Prior work injuries at the same or different employer
- Non-industrial injuries (car accidents, sports injuries)
- Congenital or developmental conditions
- Arthritis and degenerative conditions
- Prior surgeries and their residual effects
- Mental health conditions
- Cardiovascular conditions
- Sensory impairments (vision, hearing loss)
The prior condition does not need to have been formally rated or awarded in a prior workers’ comp case. It simply needs to have existed at the time of the new injury and be documented in some form, medical records, prior employer records, or other evidence.
How Much Can SIBTF Pay?
SIBTF pays the difference between what the current employer’s insurer owes for the current injury alone and the combined total disability when both the current and prior impairments are considered together. This can represent a substantially higher total recovery, in some cases, tens of thousands to hundreds of thousands of dollars more.
Why SIBTF Cases Are Complex
SIBTF cases require precise medical-legal analysis. The permanent disability must be properly rated, the prior impairment must be accurately documented and quantified, and the apportionment between conditions must be correctly calculated. Mistakes in any of these areas can cost you significant money.
Attorney Kweller’s experience as a certified workers’ compensation specialist, combined with his background as both a defense attorney and a claims adjuster, gives him a uniquely thorough understanding of how SIBTF cases are evaluated and litigated.
Is There a Deadline to File a SIBTF Claim?
Yes. SIBTF claims generally must be filed within five years from the date of your work injury, or within one year from the date of the last award or finding of permanent disability, whichever is later. Acting promptly is important to preserve your rights.
Free Evaluation — Find Out If You Qualify
SIBTF claims are often worth pursuing alongside your regular workers’ compensation case. If you have a pre-existing condition and suffered a new work injury, contact us today. We will evaluate your case at no cost and let you know whether a SIBTF claim could significantly increase your recovery.
Call Us for a FREE Consultation — No Fees Until You Win
(925) 663-8364
Available in English and Spanish | Concord, CA 94520
The Law Offices of Zachary M. Kweller, APC | 1170 Burnett Ave. Suite J, Concord CA 94520