Torrance SIBTF Lawyers

Veterans of the United States Armed Forces typically face many challenges when they retire from military service and rejoin civilian life. Finding work can be difficult, especially for disabled veterans. For many years, it was relatively common for employers to avoid hiring disabled employees, believing them to be at greater risk of suffering workplace injuries and further disabling themselves, leaving their employers liable for workers’ compensation benefits.

Guiding Torrance, CA, Clients Through SIBTF Claims

The state of California enacted the Subsequent Injuries Benefits Trust Fund (SIBTF) to combat these sentiments, effectively removing the perceived “punishment” an employer faced by hiring a disabled veteran as an employee. Before the SIBTF, an employer could potentially face liability for a disabled worker who was previously disabled but rendered further incapacitated by a later workplace injury. The SIBTF effectively bridges this gap, removing an employer’s perceived financial risk of hiring a disabled veteran.

What Does the SIBTF Do?

The SIBTF exists for disabled workers who were previously disabled before starting a new job and then later become further disabled from their workplace injuries. While this law was originally designed to incentivize employers to hire wounded veterans, it now applies to most injured workers who start new jobs as partially disabled employees and later suffer workplace injuries that disable them further.

Filing a claim for SIBTF benefits is similar to the process of filing for workers’ compensation benefits. Additionally, most injured workers who qualify for SIBTF benefits will also file workers’ compensation claims for their injuries. Both of these recovery options are more likely to succeed when the claimant has experienced legal counsel they can trust. When a claimant is legally entitled to receive multiple types of benefits, working with an experienced lawyer is the best way for them to maximize the total benefits they receive each month from these various sources, including the SIBTF.

Benefits of Hiring a Torrance SIBTF Attorney

The attorneys of Pratt Williams have extensive professional experience representing injured workers in the Torrance, CA, area as they seek compensation for their workplace injuries. We know the challenges any injured worker may face in their workers’ compensation claim and subsequent recovery efforts after serious workplace accidents. We also know how difficult it can be for a disabled worker to secure the fair benefits they are legally entitled to claim at the state and federal levels.

A Torrance SIBTF attorney is the ideal resource to consult if you believe you qualify for workers’ compensation benefits as a previously disabled veteran employee. When a workers’ compensation insurance carrier awards benefits to a claimant, they use the claimant’s disability rating to determine an appropriate amount of compensation for the claimant. Some injured workers qualify for total disability benefits when they cannot work at all, but partially disabled workers may continue working specific job duties with assistance from partial disability benefits.

SIBTF work in a similar fashion, bridging the gap between what a disabled employee’s employer is legally responsible for covering and providing adequate compensation for the workers’ previous and newly sustained injuries. A Torrance SIBTF attorney can help their client with their workers’ compensation claim as well as their SIBTF claim, ensuring both of these recovery efforts are handled correctly and provide the benefits the injured worker legally deserves.

Understanding Disability Rating and SIBTF Eligibility

Almost every workers’ compensation claim filed in California will involve a disability rating for the claimant. This numerical value reflects the severity of an injured worker’s disability after a workplace injury. The higher the rating, the more disabled the claimant is, and their potential benefits will be greater.

When a worker in Torrance, CA, sustains a workplace injury and intends to file a claim for workers’ compensation benefits, they must visit a local physician approved by their employer’s insurance carrier. This doctor will examine the claimant and assign their disability rating based on the severity of their injuries and the extent of the long-term or permanent complications they are likely to face because of their injuries.

The SIBTF comes into play when the injured worker’s claim meets specific conditions:

• The claimant must have had a permanent disability and then suffered a subsequent injury at a new job.
• The claimant’s total combined disability rating from their previous injury and subsequent injury combined must amount to 70% or more permanent disability. In addition, their workers’ compensation doctor must address their prior injury in assigning their new disability rating.
• The new work injury must account for 35% or more of the claimant’s total disability rating. For example, a worker whose prior rating was 40% and later becomes 80% disabled would qualify due to the increase of 40% in total disability. However, if the worker was 50% disabled and then became 70% disabled from a subsequent injury, this would not meet the 35% threshold.

When the SIBTF applies to a claim, the SIBTF will effectively handle the disability rating from the claimant’s previous injury, and workers’ compensation will address the subsequent additional disability. For example, if the injured worker was previously 30% disabled and a new injury leaves them 70% disabled, the SIBTF would account for the 30% disability from their prior injury, and their new workers’ compensation claim would apply to the newly acquired 40%.

Understanding the Workers’ Compensation Claim Filing Process

Virtually every California employer must carry workers’ compensation insurance. The state also enforces strict rules regarding employee classification, ensuring that all employers accurately categorize their workers for benefits and workers’ compensation coverage. When a workplace injury happens, the victim should immediately report it to their supervisor and seek medical attention. In an emergency, they can see any available doctor, but if they intend to file a workers’compensation claim, they must see a physician approved by their employer’s insurance carrier for a medical examination and disability rating.

When the injured worker qualifies for SIBTF benefits, the workers’ compensation doctor must account for their previous disability rating in assigning their new combined disability rating in response to the new workplace injury. Therefore, the workers’ medical records should include a previously assigned disability rating, and if there are any discrepancies or controversies that arise regarding the claimant’s new combined rating, they should consult their attorney right away.

Workers’ compensation in California generally provides two forms of benefits to qualified claimants. First, they will receive compensation for all the medical treatment they require to heal from their injury and manage their symptoms in recovery. Second, workers’ compensation provides ongoing disability benefits to account for lost income and lost earning power when a serious injury prevents the victim from working and/or earning as much as they did previously.

What to Expect From a Torrance SIBTF Attorney

The SIBTF came about in the post-World War II era in the United States when many injured veterans were seen as liabilities for potential employers. Today, many workers across all industries qualify for benefits under the SIBTF when they meet specific criteria. As a result, employers no longer need to worry about facing liability for a previously disabled employee’s prior injury if they sustain a subsequent injury in their new job.

Unfortunately for injured workers, the need to file an SIBTF claim further complicates their recovery efforts after serious workplace injuries. However, with the right legal counsel assisting you, you can navigate your workers’ compensation and SIBTF claims with confidence and peace of mind. Your Torrance SIBTF attorney will be a crucial asset for both workers’ compensation claims and SIBTF claims after a workplace injury.

When you choose Pratt Williams to assist you in your recovery efforts as a previously disabled worker facing a new claim for disability benefits, our team will carefully evaluate all the benefits programs open to you at the state and federal levels. You may have grounds to seek Social Security Disability benefits in addition to a workers’ compensation claim and your SIBTF claim, further enhancing the monthly benefits you receive for your cumulative disabling injuries.

Our team has years of experience helping injured workers in Torrance and surrounding areas of California with their workers’ compensation claims, and we know how to navigate the SIBTF claim process on behalf of our clients as well. We will help you understand the eligibility criteria for the various benefits programs available to you and assist you in filing your claims. In addition, when insurance companies or other agencies require supporting documentation or if disputes arise in your recovery efforts, we will be there to address these matters as efficiently as possible on your behalf.

You have a limited time to file a claim for workers’ compensation benefits in California, and you also face a time limit for an SIBTF claim if you intend to file one. However, you could have even more options for recovering from a cumulative workplace injury, and a Torrance SIBTF attorney is the best person to consult in this challenging situation. Contact Pratt Williams today to learn how our firm can assist a client with their SIBTF claim and schedule a consultation with a Torrance SIBTF attorney you can trust.