UFCW & Employers Trust Drug Trust Sick Leave Claim Form/Disability Extension Application 2011-2024 free printable template
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They call the subsequent injuries benefit trust fund this is a separate fund that's really funded by taxpayers dollars that if a few elements are met a plant can potentially apply for benefits now this is something a lot of attorneys don't know much about, and they definitely don't know how to litigate this I am a complete expert at this now it's actually very complicated, but I'll try to simplify this as easily as I can basically the subsequent injuries benefit trust fund was set up when you have somebody that is working okay they come into a job with pre-existing disability and that pre-existing disability affects them however they are able to work and seek gainful employment then they have a subsequent industrial injury, and it needs to be a serious injury and when you combine their work-related injury and all their pre-existing disability it's a much greater overall disability claim now what happens is if you have that fact pattern you may have a claim for benefits against this trust fund now here are the three elements, and I'm going to go into these very quickly but keep in mind as a general rule if you have somebody who's working with significant pre-existing disability whether it's from a prior work-related injury or a non-industrial injury or a birth defect or a hereditary disability the fact is if their work is they're working, and they have a pre-existing labor disabling disability they have a serious industrial injury and combined there really affects their ability to work they need to come in and speak to an attorney because they may have a claim for benefits you need pre-existing labor disabling disability for the first element the second element you need a subsequent industrial injury of above 35% or more standard as a general rule unless it's an equal or opposite appendage for instance if I have a severe disability to my left arm it only needs to be a 5% injury to the opposing arm or same thing with a leg or an eye so if as a general rule it needs to be a very significant industrial injury of above 35% of more standard or 5% if it's to an opposite appendage now you need to have a combined value when you combine the pre-existing disability and the subsequent industrial injury of above 70% or more basically this is a very important number because this is the number of workers comp that you're entitled to a life pension now more importantly and what I really want to focus on is if somebody comes into a job, and they have considerable labor disabling disability, but they're able to work didn't they have a subsequent industrial injury, and it's serious and when you combine it they're basically unemployable, and they have essentially no future earnings capacity this is a very big case I may potentially be able to get the person two thirds of their salary for the rest of their life now let me give you a very quick example let's say you have somebody who has is missing one arm okay, and then they have a subsequent industrial injury, and...
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