One of the complexities of Workers’ Compensation in Oklahoma is the Multiple Injury Trust Fund (MITF). This fund plays a significant role in providing benefits to employees who experience impairments due to multiple work-related injuries. The Armstrong Law Firm, PLC, wants employees to understand how MITF operates so they can access the appropriate resources and benefits available to them after suffering a work-related injury.
What is the Multiple Injury Trust Fund (MITF)?
“The Multiple Injury Trust Fund (MITF) is a creature of statute (85 O.S. and 85A O.S.) which pays permanent total disability benefits as ordered by the Oklahoma Court of Existing Claims and Oklahoma Worker’s Compensation Commission. MITF pays 90% of Oklahoma’s permanent disability. The Multiple Injury Trust Fund was founded in 1943 as a second injury fund to provide employers with protection from liability associated with hiring workers with pre-existing disabilities.”
It assists in cases where the current Workers’ Compensation benefits are insufficient to cover the long-term effects of multiple injuries an employee might suffer. The fund is financed through assessments on Workers’ Compensation insurance premiums and a 3% tax on Workers’ Compensation PPD awards, allowing it to support the additional burdens faced by affected workers.
How Does MITF Work?
If an employee has already received compensation for a previous permanent disability and subsequently sustains another work-related injury, MITF can come into play. Here’s how it generally works:
Eligibility Criteria
To qualify for benefits from the MITF, the employee must have a prior compensable injury, which has resulted in permanent partial disability. When a subsequent injury occurs, the combined effect of both injuries must enhance the total disability level beyond what is covered by the current Workers’ Compensation benefits. The combined disability from prior injuries and the most recent injury must exceed 50% of the body as a whole. If qualified, benefits are paid for 8 years or until the recipient reaches age 65, whichever is longer.
Claim Process
To receive benefits through the MITF, the injured worker or their attorney must file a claim. This process involves demonstrating that the employee has a prior compensable injury and that the new injury exacerbates their overall disability level.
Limits and Benefits
The fund typically covers the excess benefits that exceed those provided by the Workers’ Compensation system. For example, if the total percentage of disability exceeds a certain threshold, MITF can provide additional income benefits to support the worker financially during their recovery.
Workers’ Compensation and its Intersection with MITF
Oklahoma Workers’ Compensation provides benefits to employees who experience work-related injuries, covering medical expenses, temporary disability, and permanent disability benefits. However, the system operates under the notion that benefits will compensate for the extent of the injury at the time it occurs.
The intersection of Workers’ Compensation and the MITF is essential for workers who face the challenge of managing multiple disabilities:
- Permanent Partial Disability (PPD): When a worker suffers a permanent impairment but can still work, they may qualify for PPD benefits under Workers’ Compensation. If they later sustain another work-related injury that aggravates their condition, they might be entitled to benefits from the MITF.
- Total Permanent Disability (TPD): In cases where an employee becomes totally and permanently disabled, the benefits provided by the MITF can supplement the existing limits of Workers’ Compensation benefits, ensuring financial stability for the employee.
Key Considerations for Employees
The Multiple Injury Trust Fund serves as an essential resource for Oklahoma workers who sustain multiple work-related injuries, providing additional support when the conventional Workers’ Compensation system falls short.
What should you do if you become injured?
- Document All Injuries: Keeping thorough records of all work-related injuries and subsequent treatments is crucial. This documentation will be invaluable in proving both initial injuries and subsequent claims made to the MITF.
- Report All Injuries to Your Employer: Following your employer’s injury reporting process is critical for creating a written record of your injury and its circumstances.
- Consult with a Workers’ Compensation Attorney: Given the complexities inherent in pursuing claims through both Workers’ Compensation and the MITF, injured employees should seek legal counsel. The Armstrong Law Firm, PLC, in Tulsa can help navigate the claims process and ensure your rights are protected, maximizing the benefits available.
If you face this situation, don’t delay contacting Workers’ Compensation Attorney Craig Armstrong to optimize your claim and secure the necessary financial support during your recovery journey.