California Subsequent Injuries Benefits Trust Fund (SIBTF) Attorney

How Do You Qualify for SIBTF Benefits? 

Four basic conditions must be met to get SIBTF benefits: 

• There must be a pre-existing disability. 
• There must be a subsequent workplace injury.
• The pre-existing condition and subsequent injury combined must result in at least 70% permanent disability. 
• The new injury must be responsible for at least half (35%) of that disability. 

The injured worker can qualify for monetary payments if these four elements are established. However, the process of proving these points can be complicated. 

Questions that have to be answered include the following:

• Where is the evidence that a pre-existing condition did, in fact, exist? It’s not necessary that the employee be aware of the condition prior to the subsequent injury, but there will still be medical documentation required. 
• What constitutes 70 percent disability? This is a subjective judgment and requires medical testimony to that effect. 
• The same question applies to the 35 percent threshold for the new injury. 
• Once the thresholds are established, it must still be determined what portion of coverage should be paid by workers’ compensation and what will be eligible for SIBTF benefits. 

Our California SIBTF claim attorneys have been handling these cases for over 65 years. We have deep experience in the complexities of what’s required to get all the benefits our clients are entitled to. 

How Long Does SIBTF Take?

The Subsequent Injuries Benefits Trust Fund processing time varies, often taking several months to over a year. The duration depends on the complexity of the case, completeness of the application, and the backlog of cases waiting to be reviewed.