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.
If you think you have a medically certifiable permanent impairment (as defined by the American Medical Association's Guide to the Evaluation of Permanent Impairment), and a physician has given you permanent restrictions because of a permanent impairment, you may apply to the department for certification under the Subsequent Injury Fund.
Complete the form in its entirety and have your physician complete the Medical Evidence of Impairment portion. You may substitute other medical information if it contains equivalent information to that requested on the form. You may write the explanation yourself or ask your rehabilitation counselor or another party familiar with your situation and qualifications to write the explanation for you.
Department personnel will review the information and determine whether you meet the requirements for certification set forth in the law. Department staff will notify you of their decision when they complete the review. If approved, you will receive a card identifying you as certified by the Subsequent Injury fund. Present this card to prospective employers as proof of your eligibility for Subsequent Injury Fund benefits. Once certified, you are certified for life.
SIF Authorization for the Release of Subsequent Injury Fund Certification Status
When a certified worker is injured while in the employ of one of your insureds, you must notify the Fund of its potential liability not less than 90 days or more than 150 days before the expiration of 104 weeks after the date of injury. If you do not meet this deadline, the Fund will accept liability 90 days after notification. The Fund will not accept retroactive liability in these cases.
If the Fund does not notify the insurer of its intent to dispute payment of benefits beyond 104 weeks, the insurer will continue to make payments as required under the Workers' Compensation Act, which will be reimbursed by the fund every six (6) months.