If you were injured on the job as an Oklahoma employee, you may be entitled to benefits through Oklahoma’s workers’ compensation system. However, obtaining the benefits you deserve can be difficult if you have a pre-existing condition.
Oklahoma’s Multiple Injury Trust Fund (MITF) was designed to support employees who suffer multiple occupational injuries that leave them permanently and totally disabled. Read on to learn more about the MITF and whether you could be eligible for additional benefits after a workplace injury.
What Is the Multiple Injury Trust Fund?
Oklahoma established the Multiple Injury Trust Fund in 1943, then known as the Special Indemnity Fund. Many other states created similar funds during the 1940s when injured veterans began returning home from World War II and re-entering the job market.
The main purpose of the MITF and other state funds was to encourage business owners to hire veterans and other employees with pre-existing injuries or conditions. To do so, the MITF protects employers from liability when workers with pre-existing conditions sustain on-the-job injuries. Today, the MITF only pays benefits to employees who are permanently and totally disabled due to one or more on-the-job injuries.
When an employee is injured on the job, the Oklahoma Workers Compensation Commission (WCC) determines how much to award in benefits. These benefits are calculated based on the employee’s percentage of disability (example: 25% disability to the back). In some cases, workers with pre-existing conditions suffer work-related injuries that result in permanent and total disability due to the combination of the worker’s prior on-the-job injuries. When this occurs, the MITF steps in and pays permanent total disability benefits (PTD) for a specified period of time.
The MITF currently operates as a distinct agency. Most MITF funds come from workers’ compensation insurance premiums paid by employers and from awards paid by employers without insurance. Roughly 3,000 to 3,500 Oklahoma residents obtain benefits from the MITF.
Who Is Eligible to Receive Funds?
In May 2019, Oklahoma Governor Kevin Stitt passed House Bill 2367 to replenish dwindling funds for the MITF and impose stricter eligibility requirements on those who file claims for MITF funds. Under the new law, a worker is eligible for funds if:
- They suffer a work-related injury that occurs after May 30, 2019.
- They were partially disabled from previous work-related injuries before they were eligible to file a MITF claim.
- The combination of the prior on-the-job injuries leaves the employee permanently and totally disabled.
In addition to the above requirements:
- MITF benefits are only available for eight years or until the recipient reaches 65 years of age, whichever period is longer.
- The time limit for filing MITF claims has been reduced from two years to one year.
- Injured workers must contribute three percent of any settlements or awards they receive to the MITF.
- Injured workers cannot collect “double” benefits from other state funds if they began their injury claims in a different state.
Contact an Oklahoma Workers’ Compensation Lawyer
At Ryan Bisher Ryan & Simons, our Oklahoma workers’ compensation attorneys have decades of experience helping injured employees obtain the benefits they deserve after suffering on-the-job injuries or being diagnosed with an occupational disease. If you sustain a work injury and have a pre-existing condition, we can help you determine whether you are entitled to MITF benefits.
Call or contact us today for a free consultation with an experienced workers’ compensation lawyer.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
