ORIGIN & FUNCTIONS
The Subsequent Injury Fund compensates workers whose pre-existing health condition, when combined with an accidental workplace injury, increases their disability and hinders their ability to work. Workers' Compensation claims cover damages caused by a current injury, while the Fund assumes liability for the combined effects of all injuries and conditions. By limiting the liability of employers and their insurers to damages from recent injuries, the Fund encourages the employment of disabled workers.
The Fund is financed through an assessment of 6.5 percent on awards against employers or insurers for permanent disability or death, and on amounts paid under settlement agreements (Code Labor & Employment Article, sec. 9-806).
Cranston Building, 320 East Towsontown Blvd., Towson, Maryland, May 2004. Photo by Diane F. Evartt.
The Subsequent Injury Fund Board supervises the Fund. The Board's function first was assumed in 1963 by the Workmen's Compensation Commission when the Commission was made responsible for the Subsequent Injury Fund (Chapter 809, Acts of 1963). In 1975, the Workmen's Compensation Fund Board succeeded the Commission and, in turn, was replaced by the Subsequent Injury Fund Board in 1982 (Chapter 142, Acts of 1982).
Three members constitute the Board. They are appointed to four-year terms by the Governor with Senate advice and consent. The Board names the Director (Code Labor and Employment Article, secs. 10-201 through 10-219).
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