The Missouri Electronic Partnering/Confidentiality Agreement (Second Injury Fund Surcharge) is a state-mandated agreement between employers and insurers in Missouri. It is used to ensure the confidentiality of information exchanged between the two and to provide employers with a mechanism to recover certain costs associated with workers’ compensation claims. The agreement is required by Missouri law and is used to protect the interests of employers and insurers in the state. The agreement requires employers to pay a surcharge to the Second Injury Fund for any claims in which an employee’s work-related injury is caused or aggravated by a pre-existing condition. The agreement also requires employers and insurers to exchange confidential information, including medical records, related to any claim involving a pre-existing condition. The agreement has two main types: the Missouri Electronic Partnering Agreement and the Missouri Confidentiality Agreement. The Missouri Electronic Partnering Agreement requires employers and insurers to exchange confidential information electronically, while the Missouri Confidentiality Agreement requires employers and insurers to exchange confidential information in writing. The Second Injury Fund Surcharge is used to reimburse the Second Injury Fund for any costs associated with workers’ compensation claims involving a pre-existing condition. It is the employer’s responsibility to pay the surcharge and the amount of the surcharge is determined by the severity of the pre-existing condition.
Missouri Electronic Partnering/Confidentiality Agreement (Second Injury Fund Surcharge)
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(c) If an employee suffers a compensable injury that results in death and the employee is not survived by a widow, widower, child, or dependent relative eligible to receive death benefits under AS 23.30. 215, the employer or insurance carrier shall pay $10,000 to the second injury fund.
The objectives of this policy are to provide employers with financial relief when a pre-existing condition enhances or prolongs a work-related disability. It thereby encourages employers to hire workers with disabilities.
For the employee, Second Injury Funds serve as additional anti-discriminatory support for those with disabilities seeking employment. For the employer, Second Injury Funds can serve as a limitation in liability if the employee is subsequently injured.
Administrative Surcharge (authorized under Sec. 287.716) - 1.5 percent.
What Does the Second Injury Fund Do? The workers' comp Second Injury Fund assumes liability for compensation benefits attributable to prior injuries or illnesses. This happens when a worker subsequently becomes totally disabled because of a workplace injury.
The Second Injury Fund ("SIF" or "the Fund") is a state operated workers' compensation insurance fund established in 1945 to discourage discrimination against veterans and encourage the assimilation of workers with a pre-existing injury into the workforce.
A claim against the second injury fund shall be filed within two years after the date of the injury or within one year after a claim is filed against an employer or insurer pursuant to this chapter, whichever is later.
The Second Injury Fund compensates injured employees when a current work-related injury combines with a prior disability to create an increased combined disability. The Second Injury Fund is funded by a surcharge paid by employers. The Missouri State Treasurer is the custodian of the Fund.
