New England’s Premier Insurance Defense Firm

Need Assistance With The Second Injury Fund? We Can Help!

On Behalf of | Nov 6, 2017

Millions are reimbursed to insurers every year from the Massachusetts Second Injury Fund. (M.G.L. c. 152 §§ 37 and 37A). Do not miss a chance to mitigate costs on some of the highest exposure workers’ compensation claims! The clock is ticking!

The Second Injury Fund (M.G.L. c. 152 § 37) may reimburse up to 75% of some indemnity and medical benefit payments made in relation to workers’ compensation claims. In the case of service-related disabled veterans, reimbursement may be as much as 50% of the payments made within the first 104 weeks of disability, and 100% thereafter! (M.G.L. c. 152 § 37A). Second Injury Fund claims also regularly result in insurers being eligible for ongoing quarterly reimbursement of any additional medical or indemnity benefits that they may be obligated to make.

Reimbursement from the Second Injury Fund is contingent on five elements being established, but do not write off a claim without a thorough review from an experienced Second Injury Fund attorney. The elements to support a claim for recovery are:

  1. A prior physical impairment due to any pre-existing accident, disease, or medical condition which;
  2. Is, or is likely to be, a hindrance or obstacle to employment;
  3. The employee sustains a “Second Injury” for which compensation is required by MGL c. 152 (only benefit payments representative of §§ 34A, 31 and medical benefits are reimbursable in most instances);
  4. The subsequent personal injury results in a disability that is “substantially greater“ through the combined effects of the prior impairment and subsequent injury than what would have resulted from the subsequent injury alone; and
  5. Actual Employer knowledge of the employee’s pre-existing physical impairment existed prior to the subsequent industrial injury.


The Second Injury Fund (RSA 281-A:54) is designed to encourage employers to hire individuals with pre-existing physical or mental impairments by reimbursing 50% of temporary total, temporary partial, permanent partial, permanent total, medical or rehabilitation benefits paid after the first $10,000.00 during the first 104 weeks of disability, and 100% of payments made thereafter.

Reimbursement is contingent on the following:

  1. The employee must suffer from a prior physical or mental impairment as defined in RSA 281-A:2; this includes any permanent condition that is congenital or due to injury or disease that is of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining employment if the employee should become unemployed;
  2. A subsequent industrial injury which results in compensation liability; that is greater by reason of the combined effects of the preexisting impairment than that which would have resulted from the subsequent injury alone;
  3. There must be employer knowledge of the employee’s prior physical or mental impairment that is established by written records, or by affidavit executed at the time of hire or retention in employment.
  4. The employer or insurance carrier shall notify the commissioner of any possible claim against the fund no later than 100 weeks after the injury or death.


The development and handling of Second Injury Fund claims can be complicated and it is essential that competent counsel be used to properly preserve recovery rights and maximize returns. Our attorneys have handled hundreds of claims and obtain millions in recovery for our clients each year! We will come to you to review potential claims at no cost! We will cover all costs associated with the development and litigation of claims, and fees will not be charged unless there is a recovery on a claim!


BOSTON, MA 02129
617-242-9600 x268
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