Is there a membership fee to qualify for recovery from the Subsequent Injury Trust Fund?
No. Any insurance company licensed in Georgia to issue workers' compensation policies or self-insured employer authorized by the State Board of Workers' Compensation is eligible to file a claim for potential reimbursement from the fund.
Is an employer who is not an authorized self-insurer and who has no workers' compensation insurance coverage eligible to file for potential recovery from the fund?
No. Only self-insurers authorized by the State Board of Workers' Compensation and group self-insurers authorized by the Georgia Department of Insurance are eligible to recover from the fund.
If an employer/insurer files "to toll the statute only," and the file ultimately closes because of inactivity, does the employer/insurer have the right to reopen the file?
Yes. The employer/insurer should forward a letter to the fund stating a desire to actively pursue the claim, and the fund will forward the instructions for submission of necessary documents.
Can the fund make a decision on a new claim where only the First Report of Injury, the Notice of Claim, and the Employer's Knowledge Affidavit was submitted?
No. The fund must also have medical documentation of the prior and subsequent injuries and, where indicated, investigative reports supporting compensability. In addition, the fund requires the statement of merger.
Is a qualifying prior impairment restricted to industrial or workers' compensation injuries?
No. Any pre-existing, permanent condition qualifies. The condition may be derived from an automobile accident, personal injury, or an acquired or congenital disease.
Should I meet the indemnity and medical payout threshold before I pursue my case with SITF?
No, the case should be pursued as soon as the appropriate information, as listed on the Claims Checklist, is obtained. If the case is accepted, reimbursement will begin once the employer/insurer meets the threshold.
When do I file a Notice of Claim?
Not later than 78 calendar weeks following the injury or the payment of an amount equivalent to 78 weeks of income or death benefits, whichever occurs last and prior to settlement.
What information is required to submit a claim to SITF?
Our Claims Checklist Form provides a guideline for submission of the required information for filing a complete claim to the SITF.