FAQs > Workers' Compensation > Second Injury Board FAQs

Frequently Asked Questions About The Second Injury Board

  1. How, where, and when do I file a claim with the Second Injury Board?
  2. Who files a claim?
  3. What are the pre-requisites for reimbursement?
  4. Do only second injuries qualify for reimbursement?
  5. How is the Second Injury Fund financed?
  6. What benefits are available?
  7. How does an employer get reimbursed?
  8. How are reimbursements processed?
  9. If the Board denies a claim, can an appeal be filed?
  10. How can I check the status of a claim that has been filed with the Second Injury Board?

  1. How, where, and when do I file a claim with the Second Injury Board?

    A Notice of Claim form is completed and submitted to the Second Injury Board at the address provided at the top of the form. Enclose as much of the information requested on the form as possible when filing the claim. At the least, submit the first report of injury with the Notice of Claim form. Completed forms can be mailed, faxed to (225) 219-5968, or emailed to owcsib@lwc.la.gov.

    The employer, or if insured, his insurer, must file a Notice of Claim form within 52 weeks after the first payment of any benefit (indemnity or medical) by mailing, faxing, or emailing the form to the Second Injury Board.

    The Notice of Claim (PDF) form can be obtained by downloading it from this site, or by calling the Second Injury Board at (800) 201-2493, or by sending an email to owcsib@lwc.la.gov.

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  2. Who files a claim?

    A self-insured employer, the employer's insurance company, a third party administrator responsible for administering the employer's workers' compensation claims, or an attorney representing either the employer or the employer's insurance company can file a claim.

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  3. What are the pre-requisites for reimbursement?
    • The employee must have a pre-existing permanent partial disability as listed and defined by R.S.23:1378(F) that is an obstacle or hindrance in obtaining employment.
    • The employer must establish that they had actual knowledge of the employee's pre-existing permanent partial disability prior to the subsequent injury.
    • The employee must sustain a subsequent (occupational) injury that results in liability for workers' compensation.
    • The subsequent injury would not have occurred but for the pre-existing permanent partial disability.
    • The disability is greater than would have resulted had the pre-existing permanent disability not been present, and the employer had been required to pay compensation for the greater disability.
    • The employer, or if insured, his insurer, must file a Notice of Claim (PDF) form within 52 weeks after the first payment of any benefit (indemnity or medical) by mailing, faxing or emailing the form to the Second Injury Board.

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  4. Do only second injuries qualify for reimbursement?

    No. The employee must sustain a subsequent (occupational) injury that results in liability for workers' compensation benefits occurring after the employer is made aware of an employee's pre-existing permanent partial disability and all the pre-requisites are met.

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  5. How is the Second Injury Fund financed?

    Every property and casualty insurer, individual self-insurer and group of self-insurance funds that have paid workers' compensation benefits make an annual payment (assessment) to the fund. The assessment rate is based on a percentage of the total benefits paid in the prior calendar year.

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  6. What benefits are available?

    For claims with dates of accident prior to July 1, 2004:

    100% of the weekly compensation benefits after the first 104 weeks, 50% of all reasonable and necessary medical expenses actually paid and reimbursable which exceed $5,000 but are less than $10,000, and 100% of all reasonable and necessary medical expenses actually paid and reimbursable which exceed $10,000.

    For claims with dates of accident between July 1, 2004 and June 30, 2009:

    100% of the weekly compensation benefits after the first 130 weeks, 100% of all reasonable and necessary medical expenses actually paid and reimbursable which exceed $25,000.

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  8. How does an employer get reimbursed?

    Reimbursement requests are processed in the order that they are received in the office. Prior to any payments being made, Board approval must be obtained. The Second Injury Board meets on the first Thursday of each month. You may use the following link to view the current month's agenda (PDF).

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  9. How are reimbursements processed?

    In the past, all reimbursements have been made by check. Now, Electronic Fund Transfer is available. To make application for Electronic Fund Transfer, download the form from this site and return with the necessary information to the Second Injury Board.

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  10. If the Board denies a claim, can an appeal be filed?

    Yes. An appeal must be filed within 30 days from the receipt of the Board's decision. Appeals are taken to the 19th Judicial District Court, Parish of East Baton Rouge, or the parish where the accident occurred.

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  11. How can I check the status of a claim that has been filed with the Second Injury Board?

    To obtain the status of an existing claim, you can contact the Second Injury Board by telephone, fax, or email. You can also view individual reimbursement data by applying for access to the new SIB Claims Interactive secure site. Contact owcsib@lwc.la.gov for details.

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