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The Louisiana Second Injury Fund is a state agency which reimburses employers and Louisiana Workers Compensation companies for part of the income and medical benefits they pay in cases where an employee who had a pre-existing disability experiences a new on-the-job injury that is covered by Louisiana Workers Compensation.
Every Louisiana Workers Compensation insurance company, and every self-insured employer, who has paid Louisiana Workers Compensation benefits in the preceding year must make contributions to the Louisiana Second Injury Fund.
For a self-insured employer or Louisiana Workers Compensation insurance company to receive reimbursement from the Louisiana Second Injury Fund, a claim must meet at least the following requirements: 

  • First, the employee must have a pre-existing permanent partial disability that is an obstacle or hindrance in obtaining employment. It's not necessary that the pre-existing disability arise from a work-related injury. The pre-existing disability can be based upon a older Louisiana Workers Compensation injury, but it could also be based upon an injury or condition not covered by Louisiana Workers Compensation, such an accident outside of work or a medical condition you were born with.
  • Secondly, the employer must prove that they knew about the employee’s pre-existing disability before the later injury happened.
  • Third, the new work-related injury must result in liability for Louisiana Workers Compensation benefits, and:
    • the current injury would not have happened but for the pre-existing permanent partial disability; or
    • The claimant's total disability is greater than it would have been if the claimant didn't already have the other pre-existing permanent partial disability and the employer has been required to pay Louisiana Workers Compensation benefits as a result of the greater disability.
  • Finally, the employer or Workers Compensation insurance company must file a Notice with the Louisiana Second Injury Fund within one year of paying any income or medical benefits.

If the new Louisiana Workers Compensation claim meets the legal requirements, the Louisiana Second Injury Fund will reimburse the Workers Compensation insurance company or self-insured employer the following amounts:

  • For injuries occurring before July 1, 2004, and on or after July 1, 2009, the Louisiana Second Injury Fund will reimburse the employer or insurer for all Louisiana Workers Compensation income benefits after the first 104 weeks of benefits, and for all medical benefits at the following rates:
    • 50% of all medical expenses between $5,000.00 and $10,000.00, and
    • 100% of all medical expenses over $10,000.00.
  • For injuries occurring on or after July 1, 2004, and before July 1, 2009, the Louisiana Second Injury Fund will provide reimbursement for Louisiana Workers Compensation income benefits after the first 130 weeks of benefits, and all medical expenses over $25,000.00.

These reimbursement rates apply to both periodic benefits and lump-sum settlements. All settlements (for injuries since 1995) must be approved by the Second Injury Fund before before they are submitted to the Louisiana Office of Workers Compensation.


David Buie, Louisiana Workers Compensation Attorney and Social Security Disability Attorney, 650 Poydras Street, Suite 1400, New Orleans, LA 70131, (800) 851-9405 / Fax: (866) 702-5297 Representing claimants in:
Alexandria Baton Rouge Bossier City Covington Gretna
Hammond Harahan Harvey Houma Kenner Lafayette Lake Charles
Laplace Marrero Metairie Monroe New Iberia New Orleans
Opelousas Ruston Shreveport Slidell Terrytown

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