How We Can Help You with Subsequent Injury Benefits Trust Fund

July 17, 2024

Suffering a work-related injury can be a devastating experience, impacting your ability to work and maintain financial stability. For workers who have previously suffered an injury or disability, a subsequent work injury can be even more challenging. Fortunately, the Subsequent Injury Benefits Trust Fund (SIBTF) in California is designed to provide additional benefits to workers in this situation. At Jackson & Jackson, we are dedicated to helping injured workers understand and navigate the complexities of the SIBTF. Here’s what you need to know about the SIBTF and how an attorney can assist you.



What is the Subsequent Injury Benefits Trust Fund (SIBTF)?

The SIBTF is a program in California that provides additional compensation to workers who have sustained a subsequent work-related injury or illness. This fund is specifically designed to assist workers who were already partially disabled or impaired before their subsequent injury, resulting in a combined disability that significantly impacts their ability to work.


Eligibility for SIBTF Benefits

To qualify for SIBTF benefits, certain criteria must be met:

  1. Pre-Existing Disability: The worker must have a pre-existing permanent disability or impairment before the subsequent work-related injury or illness.
  2. Subsequent Injury: The worker must sustain a subsequent work-related injury or illness that results in additional permanent disability.
  3. Combined Disability: The combined effect of the pre-existing disability and the subsequent injury must be greater than the disability caused by the subsequent injury alone.
  4. Minimum Threshold: The combined disability must meet a specific threshold as defined by California workers’ compensation laws.


How SIBTF Benefits are Calculated

SIBTF benefits are calculated based on the difference between the disability caused by the subsequent injury alone and the combined disability resulting from both the pre-existing condition and the subsequent injury. The goal is to provide additional compensation to account for the greater impact of the combined disabilities on the worker’s ability to earn a living.


The Importance of Legal Representation

Navigating the SIBTF claims process can be complex and challenging. Here’s why hiring an attorney is crucial:

1. Understanding Eligibility Requirements

Determining eligibility for SIBTF benefits requires a thorough understanding of California workers’ compensation laws and the specific criteria for the fund. An experienced attorney can help you assess your eligibility and gather the necessary documentation to support your claim.


2. Gathering Medical Evidence

A successful SIBTF claim relies heavily on medical evidence demonstrating the extent of both the pre-existing disability and the subsequent injury. An attorney can help coordinate medical evaluations, obtain medical records, and ensure that the evidence is comprehensive and compelling.


3. Filing the Claim

Filing a claim with the SIBTF involves completing detailed paperwork and meeting strict deadlines. An attorney can handle all aspects of the claim filing process, ensuring that all required forms are completed accurately and submitted on time.


4. Representing You in Hearings

If your SIBTF claim is disputed or denied, you may need to attend hearings before the Workers’ Compensation Appeals Board (WCAB). An attorney can represent you in these hearings, presenting evidence, cross-examining witnesses, and advocating on your behalf to secure the benefits you deserve.


5. Maximizing Your Benefits

An attorney can help ensure that you receive the maximum benefits available under the SIBTF. This includes accurately calculating the extent of your combined disability and negotiating with the fund to secure a fair and just settlement.


6. Providing Peace of Mind

Dealing with the aftermath of a work-related injury and navigating the SIBTF claims process can be stressful and overwhelming. Hiring an attorney provides peace of mind, knowing that a skilled professional is handling your case and fighting for your rights.



The Subsequent Injury Benefits Trust Fund (SIBTF) is a vital resource for workers in California who suffer a subsequent work-related injury on top of a pre-existing disability. However, navigating the claims process can be complex and challenging. At Jackson & Jackson, we are committed to helping injured workers understand their rights and secure the benefits they deserve. Our team of experienced attorneys will guide you through every step of the process, ensuring that your claim is handled efficiently and effectively.

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