Subsequent Injury Fund Application
The Legislature established the Subsequent Injury Fund in 1973 to assist persons with disabilities become employed by offering a financial incentive to employers who hire certified workers. The Fund is generated through an annual assessment of all Montana insurers (Plans 1, 2 and 3). The assessment is allocated among insurers based on their compensation and medical payments for the previous calendar year.
A person with a disability is defined in statute as a person who has a medically certifiable permanent impairment which is a substantial obstacle to obtaining employment or to obtaining re-employment if the employee should become unemployed, and is based on such factors as the person's age, education, training, experience, and employment rejection.
Once an individual is certified and returns to work, should he or she have an injury again, the Subsequent Injury Fund limits the liability of the insurer to 104 weeks of benefits. After that point insurers are reimbursed for the medical and indemnity benefits paid on the claim.