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Abstract

A Second Injury Fund (“SIF”) is a statutory form of workers’ compensation relief operating under state law. SIFs allow employers to reduce their own liability for a worker’s injury if part of the harm from that injury was caused by a previously existing disability. The need for SIFs arises from the possibility that workers with prior injuries who are then reinjured are likely to experience greater harm than other workers. As a result, employers could be exposed to greater liability, which might incentivize employers to discriminate against potential employees with previous injuries.

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