OFFICIAL PUBLICATION OF THE NEW HAMPSHIRE AUTOMOBILE DEALERS ASSOCIATION

Pub. 5 2023 Issue 5

Second Injury Fund Reimbursement

The NHADA WCT has submitted a request for reimbursement from the Second Injury Fund this year in the amount of $445,092.47, which will bring our total Second Injury Fund recovery since 1990 to $7,743,507. This year’s submission is based on payments made on accepted cases in 2022.

NHADA WCT members documenting new hires’ pre-existing conditions on the Post Conditional Offer of Employment Second Injury Fund Form make this recovery possible. We have had several auditors comment on the excellent documentation provided to us by our members in support of Second Injury Fund claims.

Keys to successful SIF claim:

  • Employer must have written documentation of the pre-existing condition prior to the work-related injury.
    • The pre-existing condition does not have to be work-related and does not have to include the same body part as the work-related injury.
    • To view the SIF Form, go to https://f.hubspotusercontent30.net/hubfs/4829685/SIF%20Form%202019.pdf.
      • The SIF form can only be completed at the time of hire and should be the last document completed before work begins.
      • Please take the time to review the form with the new hires and explain its importance. Also on the website are tips for members to explain the use of the second injury fund form to new hires.
      • The form must be retained in the employee’s medical file, which must be kept confidential in a locked filing cabinet separate from the employee’s personnel file.
      • If an employer becomes aware of an employee sustaining an injury or illness outside of work, a doctor’s note or a handwritten note by either the employee or the employer will suffice as written knowledge. It must be descriptive, dated, on the employer’s letterhead and in the employee’s medical file prior to the work-related injury.
  • NHADA WCT must put the Fund on notice within 100 weeks of the work-related injury.
  • Indemnity and medical expenses must exceed $10,000.00.
  • The pre-existing condition must be permanent and serious enough to cause a hindrance to employment opportunities.
  • The employer’s written documentation of the pre-existing condition must pre-date the work-related injury.
  • The combination of the pre-existing condition and the work-related injury must result in a greater disability than the work-related injury alone.
  • NHADA WCT must submit the claims to the DOL for approval by September 1st.

You may be contacted by Deb Handrahan, Claims Supervisor, or Heather Overson, Claims Representative, if we feel you have a claim that might qualify for SIF reimbursement. It is necessary for us to get notarized documentation of the employer’s knowledge of the pre-existing condition for submission. This will require a review of the injured employee’s personnel and medical files.

The second injury fund is one of the tools we use to reduce claims costs; your assistance with second injury fund documentation helps to keep the WCT financially strong.

If you have any questions regarding the SIF, please contact the claims department at (603) 224-2369 or email dhandrahan@nhada.com.