My question is if a person is awarded let say 100% disabled of the subsequent injury case, can they also get a lump sum money?
3 attorney answers
I agree with my colleague above. I too never seen anyone attempt to buy-out a 100% SIF case since those benefits are paid every two weeks while you are alive. But it is possible for a regular WC case.
I believe you are asking about benefits paid by the SIBF?
You get a lump sum only for payments owed to the present date, so the difference between your Total Perm amount and the PD rate ($290 per week or somewhere close to that amount) will be paid in a lump sum, less your attorney's fees.
Benefits, going forward, are paid every two weeks so long as you are alive and will not be paid out in a lump sum.
I do not believe that SIBTF benefits can be "commuted", but I have never seen it attempted before. A commutation is where you get an "advance" on future disability benefits, but since your payments are for life there is no way to deduct the advances from the back end of your award. I just don't see how there can be a commutation, if there is no termination date for your bi-weekly payments.
Short answer: You will get a lump sum for all retroactive benefits owed for your SIF cases, but future benefits will only be paid bi-weekly.
If you are referring to a regular WC claim, then yes, if the insurance company is willing to make a buy-out offer and you can agree on a price, you can settle out a 100% disability case.
If you are referring to a Subsequent Injuries Fund case, then no, you cannot do a buy-out of your 100% disability case.