NAWCJ

Workers’ Compensation Laws: 50-State Survey


Reprinted with permission.

 

Professor Michael C. Duff of Saint Louis University School of Law is in the process of developing a very interesting and useful overview of workers’ compensation laws by state.  His tool identifies the state law and administrative agency in each state, while summarizing the applicable reporting deadline and waiting period.  In addition, each entry describes the disability benefits available in that state.  This is a work in progress.  Professor Duff says, “I am quite enthusiastic about the long-term value of developing this type of open source comparative information.  We will get the best feedback possible with broad dissemination.”  He asks that if you discover an error relative to your state, you report the error and the correct information to him via email:  michael.duff@slu.edu.

Here is the link:  https://sites.google.com/slu.edu/benefits-for-injured-workers.

 

A workplace accident or occupational disease can take a heavy toll on an employee. Medical bills and lost wages from time missed at work can mount quickly. Workers’ compensation programs aim to provide injured employees with the financial assistance that they need, while limiting the liability of employers. The concept behind workers’ compensation is a tradeoff between the employee and the employer. The employee cannot sue their employer (or a coworker) for compensation for their injuries, but they can recover benefits without proving that the employer was at fault. They need only prove that the accident occurred on the job.

In addition to covering medical treatment and potentially vocational rehabilitation, workers’ compensation offers disability benefits to eligible employees. These provide a partial replacement for lost income or earning capacity. Disability benefits are often defined by the extent and duration of the disability. The four standard types are permanent total, temporary total, permanent partial, and temporary partial disability benefits. However, some states define benefits differently. The formula for calculating each type of benefits also varies by state.

After an injury on the job, a worker needs to report the injury to their employer as part of the process of starting a claim. State laws may set a specific deadline for this notice. An employee thus must act promptly if they believe that they have suffered an injury on the job. In general, the deadline for reporting the injury is shorter than the deadline for filing a claim.

Each state imposes a “waiting period” before a worker can receive some or all types of disability benefits. If a disability lasts for a specified period, though, they usually can receive benefits for the waiting period retroactively.

This overview of workers’ compensation laws identifies the state law and administrative agency in each state, while summarizing the applicable reporting deadline and waiting period. In addition, each entry describes the disability benefits available in that state. Workers’ compensation laws can be extremely technical, and not every nuance is captured here. An employee should consider consulting a workers’ compensation lawyer if they have suffered a serious injury and expect to miss significant time from work.

Click on a state below to find out more about workers’ compensation benefits there.

Alabama

For an injury causing a temporary total disability, Alabama workers’ compensation benefits are two-thirds of the average weekly earnings received at the time of the injury, subject to a statutory maximum and minimum. For a temporary partial disability, benefits are two-thirds of the difference between the average weekly earnings of the worker at the time of the injury and the average weekly earnings that they are able to earn in their partially disabled condition. These benefits last no more than 300 weeks.

Benefits for a permanent partial disability are based on the extent of the disability. For certain specified injuries, the compensation is two-thirds of average weekly earnings during the number of weeks in a statutory schedule. For other injuries, benefits are two-thirds of the difference between average weekly earnings at the time of the injury and the average weekly earnings that the worker is able to earn in their partially disabled condition. For a permanent total disability, the employee will receive two-thirds of the average weekly earnings received at the time of the injury, subject to a statutory maximum and minimum.

Alaska

For a permanent total disability, Alaska workers’ compensation law provides that 80 percent of the injured employee’s spendable weekly wages will be paid to the employee during the continuance of the total disability. For a temporary total disability, 80 percent of the injured employee’s spendable weekly wages will be paid to the employee during the continuance of the disability, but not for any period after the date of medical stability.

For a temporary partial disability, the compensation is 80 percent of the difference between the injured employee’s spendable weekly wages before the injury and the wage-earning capacity of the employee after the injury. These benefits may not be paid for more than five years and may not be paid after the date of medical stability. For a partial permanent impairment, the compensation is $177,000 multiplied by the employee’s percentage of permanent impairment of the whole person.

Arizona

For a temporary total disability, Arizona workers’ compensation law provides that an injured employee will receive two-thirds of their average monthly wage during the period of disability. For a permanent total disability, compensation of two-thirds of the average monthly wage will be paid during the life of the injured person.

For a temporary partial disability, an injured employee will receive two-thirds of the difference between the wages earned before the injury and the wages that they are able to earn thereafter. A permanent partial disability caused by certain specified injuries will qualify a worker for compensation of 55 percent of their average monthly wage paid for a period provided by a statutory schedule, in addition to the compensation for temporary total disability. A permanent partial disability caused by other injuries will qualify an employee for compensation equal to 55 percent of the difference between the employee’s average monthly wages before the accident and the amount that represents their reduced monthly earning capacity resulting from the disability.

Arkansas

  • State law: Arkansas Code Section 11-9-101 et seq.
  • Administrative agency: Arkansas Workers’ Compensation Commission
  • Reporting deadline: Generally unspecified; next regular business day when employee requires emergency medical treatment outside normal business hours
  • Waiting period: 7 days; compensation for a disability beyond that period starts with the 9th day of disability (retroactive to 1st day of disability if disability extends for 2 weeks)

In the case of a total disability, Arkansas workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wage during the continuance of the disability. In the case of a temporary partial disability, an employee will receive two-thirds of the difference between their average weekly wage before the accident and their wage-earning capacity after the accident.

If an employee sustains a permanent partial disability based on a scheduled injury, they will receive weekly benefits in the amount of the permanent partial disability rate attributable to the injury for the period of time set out in the statutory schedule. These benefits are awarded in addition to compensation for temporary total and temporary partial benefits. If an employee sustains a permanent partial disability based on another injury, the disability will be apportioned to the body as a whole. This will have a value of 450 weeks. The employee will receive compensation for the proportionate loss of use of the body as a whole resulting from the injury.

California

For a temporary total disability, California workers’ compensation law provides that the disability payment is two-thirds of the worker’s average weekly earnings during the period of the disability, while considering the ability of the injured employee to compete in an open labor market. For a temporary partial disability, the disability payment is two-thirds of the weekly loss in wages during the period of the disability. (The weekly loss in wages is the difference between the average weekly earnings of the injured employee and the weekly amount that they probably will be able to earn during the disability.) This payment will be reduced by the sum of unemployment compensation benefits and extended duration benefits received by the employee during that period.

California provides a statutory schedule for permanent partial disabilities. Also, if a permanent disability is at least 70 percent but less than 100 percent, 1.5 percent of the average weekly earnings for each 1 percent of disability in excess of 60 percent will be paid for the rest of the employee’s life. If the permanent disability is total, an injured employee will receive two-thirds of their average weekly earnings for the rest of their life.

Colorado

For a temporary total disability lasting more than three regular working days, Colorado workers’ compensation law provides that an employee will receive two-thirds of their average weekly wages, up to 91 percent of the state average weekly wage per week. For a temporary partial disability, an employee will receive two-thirds of the difference between their average weekly wage at the time of the injury and their average weekly wage during the continuance of the disability, again up to 91 percent of the state average weekly wage. For a permanent total disability, an employee will receive two-thirds of their average weekly wages for the rest of their life, but not more than the weekly maximum benefits for temporary total disability.

Permanent partial disability benefits are also known as medical impairment benefits in Colorado. These are based on permanent loss of function or impairment to a body part. The amount of permanent partial disability benefits that a claimant may receive is calculated by using the percentage of loss determined by the doctor and a statutory formula.

Connecticut

If an injury for which compensation is provided under the Connecticut Workers’ Compensation Act results in a total incapacity to work, the injured employee will receive weekly compensation equal to 75 percent of their average weekly earnings as of the date of the injury, subject to a maximum weekly benefit rate.

If an injury results in partial incapacity, the injured employee will receive weekly compensation equal to 75 percent of the difference between the wages currently earned by an employee in a position comparable to the position held by the injured employee before their injury and the amount that the employee is able to earn after the injury. This compensation will not be more than 100 percent of the average weekly earnings of production and related workers in manufacturing in the state and will last no longer than 520 weeks. A specific schedule applies to certain injuries identified by statute.

Delaware

For injuries resulting in a total disability, the compensation to be paid under Delaware workers’ compensation law is two-thirds of the wages of the injured employee. However, this compensation must not be more than two-thirds of the average weekly wage per week as announced by the Secretary of the Department of Labor, or less than 22 2/9 percent of the average weekly wage per week.

For injuries resulting in a partial disability, with some exceptions, the compensation to be paid is two-thirds of the difference between the wages received by the injured employee before the injury and the earning power of the employee thereafter. However, this compensation cannot be more than two-thirds of the average weekly wage per week as announced by the Secretary of Labor. This compensation is limited to 300 weeks. A specific provision applies to compensation for certain permanent injuries.

Florida

For a permanent total disability, Florida workers’ compensation law provides that an injured employee is entitled to two-thirds of their average weekly wages. For a temporary total disability, the employee also is entitled to two-thirds of their average weekly wages, but this generally will not exceed 104 weeks. Once the employee reaches the 104-week limit or reaches the date of maximum medical improvement, whichever is earlier, temporary disability benefits will cease, and their permanent impairment will be determined.

Permanent impairment income benefits (similar to permanent partial disability benefits) are based on an impairment rating that uses an impairment schedule. These benefits are paid biweekly at the rate of 75 percent of the employee’s average weekly temporary total disability benefit, subject to some limitations. For a temporary partial disability, meanwhile, compensation is equal to 80 percent of the difference between 80 percent of the employee’s average weekly wage and the salary, wages, and other remuneration that the employee is able to earn after the injury, as compared weekly.

Georgia

For a temporary total disability, Georgia workers’ compensation law provides that an employee will receive a weekly benefit equal to two-thirds of their average weekly wage, subject to a minimum and maximum. This benefit is generally payable for no more than 400 weeks after the injury. However, when an injury is catastrophic, the weekly benefit is payable until the employee’s condition improves.

For a temporary partial disability, an employee will receive a weekly benefit equal to two-thirds of the difference between their average weekly wage before the injury and the average weekly wage that they are able to earn thereafter, but not more than $450 per week. These benefits will be paid for no more than 350 weeks after the injury. For a permanent partial disability, which is a disability resulting from the loss or loss of use of body members or the partial loss of use of the employee’s body, the employer will pay weekly income benefits to the employee according to a statutory schedule.

Hawaii

For a permanent total disability, Hawaii workers’ compensation law provides that an employee will receive a weekly benefit equal to two-thirds of their average weekly wages, but not more than the state average weekly wage nor less than a certain minimum. For a temporary total disability, the employee will receive a weekly benefit at the rate of two-thirds of their average weekly wages, subject to the same limitations.

For a permanent partial disability, an employee will receive compensation in an amount determined by multiplying the maximum weekly benefit rate prescribed by statute by the number of weeks specified for the disability in a statutory schedule. (Benefits are also available for non-scheduled injuries, for which more complex rules apply.) For a temporary partial disability, an employee will receive weekly benefits equal to two-thirds of the difference between their average weekly wages before the injury and their weekly earnings thereafter, subject to the schedule for the maximum and minimum weekly benefit rates.

Idaho

According to Idaho workers’ compensation law, an injured worker will receive total disability benefits in an amount equal to 67 percent of their average weekly wage for a period no greater than 52 weeks. After that time, total disability benefits are paid in an amount equal to 67 percent of the currently applicable average weekly state wage. These amounts are subject to a minimum and maximum. Certain injuries are deemed total and permanent unless the employer can prove otherwise by clear and convincing evidence.

For partial disability during the period of recovery, an injured worker will receive an amount equal to 67 percent of their decrease in wage-earning capacity, but this must not exceed the income benefits payable for total disability. Idaho also offers scheduled income benefits for the loss or loss of use of a bodily member. These are paid in addition to income benefits payable during the period of recovery when a permanent disability is not total. A separate rule applies to non-scheduled permanent disabilities that are not total. The wage factor in the formula for calculating benefits for a permanent but not total disability is 55 percent of the average weekly state wage.

Illinois

For a temporary total disability, Illinois workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wage, subject to a minimum and maximum. For a permanent total disability, an injured worker will receive two-thirds of their average weekly wage for life, subject to a minimum and maximum. For a temporary partial disability, an injured worker will receive two-thirds of the difference between the average amount that they would be able to earn in their pre-injury job and the gross amount that they earn in their light-duty job.

Illinois offers four types of permanent partial disability benefits. First, an employee may receive a wage differential award if they get a new job that pays less than their job before the injury. This benefit is two-thirds of the difference between the amount earned in the new job and the amount that the employee would be earning in their previous job, paid for five years or until the employee turns 67 if later. Second, if an employee suffers an injury involving the loss or loss of use of a body part, and this injury appears on the statutory schedule, they will receive benefits as provided by the schedule. Third, an employee who suffers from permanent limitations that are not listed on the statutory schedule can receive benefits based on the loss of the person as a whole. Finally, benefits may be available for serious and permanent disfigurement. The wage factor in the formulas for each of these last three types of benefits is 60 percent of the employee’s average weekly wage.

Indiana

When a worker suffers a temporary total disability or total permanent disability, Indiana workers’ compensation law provides that they will receive weekly compensation equal to two-thirds of their average weekly wages. These benefits will not last for more than 500 weeks. An injured employee with a temporary partial disability will receive weekly compensation equal to two-thirds of the difference between their average weekly wages and the weekly wages at which they are actually employed after the injury. These benefits will not last for more than 300 weeks.

Indiana also provides a statutory schedule for injuries resulting in a permanent partial impairment. In these cases, an employee will receive compensation in an amount determined under the schedule to be paid weekly at a rate of two-thirds of the employee’s average weekly wages during the 52 weeks preceding the week in which the injury occurred. These benefits are paid in addition to temporary total disability benefits, not exceeding 125 weeks. (This statute also provides that an injury resulting in a total permanent disability will qualify a worker for the amount payable for impairment or 500 weeks of compensation, whichever is greater.)

Iowa

When an employee suffers a temporary total disability, or a permanent partial disability for which compensation is payable during a healing period, Iowa workers’ compensation law provides that the weekly benefit amount payable to the employee is upon the basis of 80 percent of their weekly spendable earnings. The maximum weekly benefit amount for these benefits is 200 percent of the statewide average weekly wage. If an employee is entitled to temporary partial benefits, this benefit is two-thirds of the difference between the employee’s weekly earnings at the time of their injury and their actual gross weekly income from employment during the period of temporary partial disability.

For cases of permanent partial disability beyond the healing period, Iowa provides a statutory schedule. Compensation is based on the extent of the disability and on the basis of 80 percent per week of the employee’s average spendable weekly earnings, but not more than a weekly benefit amount equal to 184 percent of the statewide average weekly wage. For a permanent total disability, compensation is on the basis of 80 percent per week of the employee’s average spendable weekly earnings, but not more than a weekly benefit amount equal to 200 percent of the statewide average weekly wage.

Kansas

For a permanent total disability, Kansas workers’ compensation law provides that weekly payments will be made in a sum equal to two-thirds of the average weekly wage of the injured employee, subject to a maximum and a minimum. Payments will continue for the duration of the disability. For a temporary total disability, weekly payments will be made in a sum equal to two-thirds of the average gross weekly wage of the injured employee, again subject to a maximum and a minimum.

For a temporary partial general disability, an injured worker will receive two-thirds of the difference between the average weekly wage that they were earning before the injury and the amount that they are actually earning after the injury in any type of employment. These benefits are available for no more than 415 weeks. Kansas provides a statutory schedule that defines payments for certain permanent partial disabilities. For permanent partial disabilities not covered by the schedule, a separate provision sets out a formula for calculating payments. These also are available for no more than 415 weeks.

Kentucky

For a temporary or permanent total disability, Kentucky workers’ compensation law provides that an injured worker will receive two-thirds of their average weekly wage, subject to a minimum and maximum. For a permanent partial disability, an injured worker will receive benefits equal to two-thirds of their average weekly wage (but not more than 82.5 percent of the state average weekly wage), multiplied by the permanent impairment rating caused by the injury or occupational disease, times the factor set forth in a statutory table. Additional qualifications and limitations apply.

Income benefits provided by this law will end when the employee turns 70, or four years after their injury or last exposure if this is later. Kentucky law does not specifically provide for temporary partial disability benefits.

Louisiana

For an injury resulting in a temporary total disability, Louisiana workers’ compensation law provides that an employee is entitled to receive two-thirds of their wages during the period of their disability. These benefits will cease when the physical condition of the employee has resolved to the point that a reasonably reliable determination of the extent of their disability may be made, and their physical condition has improved to the point that continued, regular treatment is not required. For an injury resulting in a permanent total disability, an employee will receive two-thirds of their wages during the period of their disability.

Louisiana also provides supplemental earnings benefits. These are awarded when an injury results in an inability to earn wages equal to 90 percent or more of the employee’s wages at the time of the injury. Supplemental earnings benefits are calculated as two-thirds of the difference between the average monthly wages at the time of the injury and the average monthly wages that the employee is able to earn in any month thereafter. These benefits will not exceed 520 weeks. In addition, permanent partial disability benefits are available according to a statutory schedule. Certain serious injuries qualify an employee for a separate $50,000 payment.

Maine

While the incapacity resulting from an injury is total, Maine workers’ compensation law provides that an injured employee will receive weekly compensation equal to two-thirds of their gross average weekly wages, earnings, or salary, up to a set maximum. Compensation must be paid for the duration of the incapacity. In certain cases, it is conclusively presumed for 800 weeks from the date of injury that it resulted in permanent total incapacity.

While the incapacity is partial, an employee may receive compensation in an amount equal to two-thirds of the difference due to the injury between the employee’s average gross weekly wages, earnings, or salary before the injury and the average gross weekly wages, earnings, or salary that the employee is able to earn after the injury, up to a set maximum. An employee cannot receive more than 624 weeks of these benefits, or more than 624 total weeks of total and partial disability benefits combined. Maine also provides a statutory schedule for specific loss benefits, involving the actual loss of various body parts.

Maryland

For a temporary partial disability, Maryland workers’ compensation law provides that an injured employee will receive compensation that equals 50 percent of the difference between their average weekly wage and their wage earning capacity in the same or other employment while temporarily partially disabled. This must not exceed 50 percent of the state average weekly wage. For a temporary total disability, an injured worker will receive compensation that equals two-thirds of the average weekly wage of the covered employee, but not less than $50 and not more than the state average weekly wage.

Maryland provides a statutory schedule for permanent partial disability benefits. Compensation for a permanent partial disability depends on whether the employee is awarded benefits for less than 75 weeks, 75 to 249 weeks, or 250 weeks or more. For a permanent total disability, an employee generally will receive compensation that equals two-thirds of their average weekly wage, but this must not exceed the state average weekly wage.

Massachusetts

While an incapacity resulting from an injury is total, Massachusetts workers’ compensation law provides that an injured employee will receive 60 percent of their average weekly wage before the injury, subject to the maximum weekly compensation rate. These benefits are available for a total of 156 weeks. While an incapacity is both permanent and total, an injured employee (following payment of total incapacity or partial incapacity benefits) will receive two-thirds of their average weekly wage before the injury, subject to minimum and maximum rates.

While an incapacity resulting from an injury is partial, an injured employee will receive 60 percent of the difference between their average weekly wage before the injury and the weekly wage that they are capable of earning after the injury, but not more than 75 percent of what they would receive if they were eligible for total incapacity benefits. (Also, an insurer may reduce these benefits to the amount at which the employee’s combined weekly earnings and benefits are equal to two times the average weekly wage in Massachusetts.) These benefits are generally limited to 260 weeks. They may be extended to 520 weeks when an employee has suffered a permanent loss of 75 percent or more of a certain bodily function or sense, developed a permanently life-threatening physical condition, or contracted a permanently disabling occupational disease of a physical nature and cause. Massachusetts also provides a statutory schedule for certain specific injuries.

Michigan

When an incapacity resulting from an injury is total, Michigan workers’ compensation law provides that an injured employee will receive 80 percent of their after-tax average weekly wage, up to a maximum weekly rate. Compensation is paid for the duration of the disability. A conclusive presumption of total and permanent disability will not extend beyond 800 weeks after the date of injury.

When an incapacity resulting from an injury is partial, an injured employee will receive 80 percent of the difference between their after-tax average weekly wage before the injury and their wage earning capacity after the injury, up to a maximum weekly rate. Compensation is paid for the duration of the disability. Michigan also provides a statutory schedule for disabilities involving the loss of various body parts.

Minnesota

For a temporary total disability, Minnesota workers’ compensation law provides that an injured employee will receive two-thirds of their weekly wage at the time of the injury, subject to a maximum and minimum. For a temporary partial disability, an injured employee will receive two-thirds of the difference between their weekly wage at the time of the injury and the wage that they are able to earn in their partially disabled condition, subject to the maximum rate for temporary total compensation.

A permanent partial disability must be rated as a percentage of the whole body. The percentage then must be multiplied by the corresponding amount in a statutory table. Permanent partial disability is not payable while temporary total compensation is being paid. For a permanent total disability, an injured employee will receive two-thirds of their daily wage at the time of the injury, subject to a maximum and minimum.

Mississippi

For a permanent total disability, Mississippi workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wages, subject to a maximum. These benefits will not exceed 450 weeks or an amount greater than 450 weeks multiplied by two-thirds of the average weekly wage for the state. For a temporary total disability, an injured employee will receive two-thirds of their average weekly wage during the continuance of the disability, subject to a maximum. The same 450-week limit applies.

Permanent partial disability benefits are paid after compensation for temporary total disability and are calculated according to a statutory schedule. In cases not involving a scheduled injury, compensation is two-thirds of the difference between the injured employee’s average weekly wages, subject to a maximum, and their wage-earning capacity thereafter, payable during the continuance of the partial disability. These payments are limited to 450 weeks. For a temporary partial disability, an injured employee will receive two-thirds of the difference between their average weekly wages before the injury and their wage-earning capacity after the injury, subject to a maximum. These benefits are payable during the continuance of the disability but must not exceed 450 weeks or an amount greater than 450 weeks multiplied by two-thirds of the average weekly wage for the state.

Missouri

For a temporary total disability, Missouri workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly earnings as of the date of the injury, up to 105 percent of the state average weekly wage. These benefits are limited to 400 weeks. For a temporary partial disability, an injured employee will receive two-thirds of the difference between their average earnings prior to the accident and the amount that the employee will be able to earn during the disability in the exercise of reasonable diligence. These benefits are limited to 100 weeks.

Missouri provides a statutory schedule for permanent partial disability benefits, which are paid in addition to compensation for a temporary total or temporary partial disability. Permanent injuries not on the schedule also may be compensated, but not for a period greater than 400 weeks. Permanent total disability benefits are paid during the continuance of the disability from the date of maximum medical improvement for the lifetime of the employee. An injured employee will receive two-thirds of their average weekly earnings as of the date of the injury, up to 105 percent of the state average weekly wage.

Montana

Montana workers’ compensation law provides that benefits for a temporary total disability are two-thirds of the wages received at the time of the injury, although these benefits may not exceed the state average weekly wage. These benefits must be paid for the duration of the disability. Benefits for a permanent total disability are two-thirds of the wages received at the time of the injury, although the benefits may not exceed the state’s average weekly wage. These benefits must be paid for the duration of the disability and are subject to cost of living adjustments.

If an injured worker has a permanent partial disability and is no longer entitled to temporary total or permanent total disability benefits, they are entitled to a permanent partial disability award if they have an actual wage loss as a result of the injury and have a permanent impairment rating. Montana provides a statutory formula for calculating these benefits. Meanwhile, an insurer’s liability for temporary partial disability is the difference between the injured worker’s average weekly wage received at the time of the injury, subject to a maximum of 40 hours per week, and the actual weekly wages earned during the period that the worker is temporarily partially disabled, not to exceed their temporary total disability benefit rate.

Nebraska

For a total disability, Nebraska workers’ compensation law provides that an injured employee will receive two-thirds of the wages received at the time of the injury, subject to a maximum and minimum. For a partial disability not involving a scheduled injury, an injured employee will receive two-thirds of the difference between the wages received at the time of the injury and the earning power of the employee thereafter, subject to a maximum. This compensation will not extend beyond 300 weeks.

Nebraska provides a statutory schedule for compensation based on certain permanent injuries, such as the loss or loss of use of various body parts. This compensation is paid in addition to the amount paid for a temporary disability, but the temporary disability compensation will cease once the extent of the permanent disability is ascertainable.

Nevada

In the case of a permanent total disability, Nevada workers’ compensation law provides that an injured employee is entitled to receive compensation per month of two-thirds of the average monthly wage. In the case of a temporary total disability, an injured employee is entitled to receive two-thirds of the average monthly wage for the period of temporary total disability. The period of temporary total disability ends when a physician or chiropractor determines that the employee is physically capable of any gainful employment for which they are suited, among other situations.

For a temporary partial disability, an injured employee is entitled to receive the difference between the wage earned after the injury and the compensation that they would be entitled to receive if temporarily totally disabled when the wage is less than the compensation. These benefits are limited to 24 months. For a permanent partial disability, no factors other than the degree of physical impairment of the whole person may be considered. Each 1 percent of impairment of the whole person must be compensated by a monthly payment of 0.6 percent of the claimant’s average monthly wage. Compensation continues on a monthly basis for five years or until the claimant turns 70, whichever is later.

New Hampshire

For a temporary total disability, New Hampshire workers’ compensation law provides that weekly compensation is the full amount of an injured employee’s average weekly wage if this is 30 percent or less of the state’s average weekly wage. Otherwise, weekly compensation is 60 percent of the employee’s average weekly wage or 30 percent of the state’s average weekly wage, whichever is greater. (Maximum limits apply in each case.) For a permanent total disability when the employee’s average weekly wage is 30 percent or less of the state’s average weekly wage, weekly compensation is the full amount of the employee’s weekly compensation rate, subject to a maximum. Otherwise, weekly compensation is 60 percent of the employee’s average weekly wage or 30 percent of the state’s average weekly wage, whichever is greater, subject to a maximum.

For a temporary partial disability, when the employee has not yet reached maximum medical improvement, an injured employee will receive a weekly compensation equal to 60 percent of the difference between the employee’s average weekly wage before the injury and the average weekly wage that they are able to earn thereafter, subject to a maximum. Payments will not continue for longer than 262 weeks. For a permanent partial disability, when the employee has reached maximum medical improvement but has an impairment, the employee will receive a weekly compensation equal to 60 percent of the difference between their average weekly wage before the injury and the average weekly wage that they are able to earn thereafter, subject to a maximum. Payments again are limited to 262 weeks. New Hampshire also provides a statutory schedule for permanent impairment awards based on bodily loss or losses.

New Jersey

For a temporary disability, New Jersey workers’ compensation law provides that an injured employee will receive 70 percent of their weekly wages received at the time of the injury, subject to a maximum and minimum. This compensation will not be paid beyond 400 weeks.

For a permanent total disability, an injured employee will receive 70 percent of the weekly wages received at the time of the injury, subject to the same maximum and minimum. This compensation is paid for 450 weeks, after which payments will cease unless the employee has submitted to rehabilitation and can show that it is impossible for them to obtain wages or earnings equal to those earned at the time of the accident. Further weekly payments then will be made in reduced amounts.

For a permanent partial disability, weekly compensation will be based on 70 percent of the weekly wages received at the time of the injury, subject to a maximum. A statutory schedule provides the method for calculating this compensation.

New Mexico

For a total disability, New Mexico workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wage, subject to a maximum and minimum. For a permanent total disability, the injured worker will receive benefits for the remainder of their life, but otherwise compensation benefits for any combination of disabilities are not payable for more than 700 weeks.

New Mexico provides a statutory schedule for permanent partial disabilities involving the loss or loss of use of certain body parts. For permanent partial disabilities not covered by the schedule, benefits are a percentage of the weekly benefit payable for total disability. When the worker’s percentage of disability is equal to or greater than 80 percent, the maximum period is 700 weeks. Otherwise, the maximum period is 500 weeks. For a temporary partial disability, benefits are two-thirds of the difference between the regular and reduced wage of the employee, up to the maximum compensation rate.

New York

For a permanent total disability, New York workers’ compensation law provides that an injured employee will receive two-thirds of the average weekly wages. Certain injuries are presumed to constitute permanent total disabilities. For a temporary total disability, an injured employee will receive two-thirds of the average weekly wages during the continuance of the disability.

New York provides a statutory schedule for calculating permanent partial disability payments. The wage component of this formula is two-thirds of the average weekly wages. In cases of permanent partial disability not covered by the schedule, compensation is two-thirds of the difference between the injured employee’s average weekly wages and their wage-earning capacity thereafter. For a temporary partial disability resulting in a decrease of earning capacity, an injured employee will receive two-thirds of the difference between their average weekly wages before the accident and their wage earning capacity after the accident.

North Carolina

When an employee qualifies for total disability benefits, North Carolina workers’ compensation law provides that the injured employee will receive a weekly compensation equal to two-thirds of their average weekly wages, subject to a maximum and minimum. Temporary total disability benefits are generally limited to 500 weeks from the date of first disability unless the employee proves that they are entitled to extended compensation. Permanent total disability benefits are available only if an employee suffers from one of certain specified physical or mental limitations. An employee who qualifies for permanent total disability benefits will receive compensation during their lifetime, unless the employer proves otherwise.

When an incapacity resulting from an injury is partial, an injured employee will receive a weekly compensation equal to two-thirds of the difference between their average weekly wages before the injury and the average weekly wages that they are able to earn thereafter, subject to a maximum. An employee will not receive more than 500 weeks of payments. North Carolina also provides a statutory schedule for benefits based on the loss or loss of use of certain body parts.

North Dakota

When an injury causes a temporary total or permanent total disability, North Dakota workers’ compensation law provides that an injured employee will receive a weekly benefit equal to two-thirds of the gross average weekly wage of the employee, subject to a minimum and maximum, during that disability.

When an injury causes a temporary partial disability, the disability benefit is two-thirds of the difference between the injured employee’s average weekly wage and the employee’s wage earning capacity after the injury in the same or another employment, subject to a maximum. Benefits generally will not extend beyond five years. North Dakota also provides for benefits based on a permanent impairment. These awards are determined by multiplying 35 percent of the average weekly wage in the state by a permanent impairment multiplier specified by statute. An injured employee is eligible for an evaluation of permanent impairment when all conditions caused by the compensable injury have reached maximum medical improvement.

Ohio

For a temporary disability, Ohio workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wage so long as the disability is total, subject to a maximum and minimum. However, for the first 12 weeks of total disability, the employee will receive 72 percent of their full weekly wage, subject to a maximum. After 200 weeks of temporary total disability benefits, an injured employee will be scheduled for an evaluation to determine whether the temporary disability has become permanent. For a permanent total disability, an injured employee will receive two-thirds of their average weekly wage, subject to a maximum and minimum, which will continue until their death.

If an employee suffers from a permanent impairment, a hearing officer will determine the percentage of the employee’s permanent disability. The employee will receive two-thirds of their average weekly wage, subject to a maximum, per week for the number of weeks that equals the percentage of 200 weeks that is proportionate to the percentage of their disability. Ohio also provides a statutory schedule for compensation based on the loss or loss of use of certain body parts.

If an employee suffers a wage loss as a result of returning to employment other than their former position due to an injury or occupational disease, they will receive two-thirds of the difference between their average weekly wage and their present earnings, up to the statewide average weekly wage. These payments are limited to 200 weeks.

Oklahoma

Temporary total disability benefits under Oklahoma workers’ compensation law are calculated as 70 percent of an injured employee’s average weekly wage, not exceeding the state average weekly wage, for 156 weeks. If an administrative law judge finds that more time is needed to reach maximum medical improvement, these benefits may continue for up to 52 additional weeks.

Temporary partial disability benefits are calculated as 70 percent of the difference between the injured employee’s average weekly wage before the injury and their weekly wage for performing alternative work after the injury, but only if their weekly wage for performing the alternative work is less than the temporary total disability rate. Actual earnings plus temporary partial disability benefits cannot exceed the temporary total disability rate. These benefits are available for up to 52 weeks.

In cases of permanent partial disability, compensation is 70 percent of the employee’s average weekly wage (up to $360 per week) for a term no longer than a total of 360 weeks for the body as a whole. Oklahoma also provides a statutory schedule for certain types of permanent partial disabilities. For a permanent total disability, compensation is 70 percent of the employee’s average weekly wages, but no more than the state average weekly wage, during the continuance of the disability until the employee reaches the age of maximum Social Security retirement benefits or for 15 years, whichever is longer.

Oregon

For a permanent total disability, Oregon workers’ compensation law provides that an injured employee will receive compensation benefits equal to two-thirds of their wages, subject to a maximum and minimum. When a total disability is temporary, an injured employee will receive two-thirds of their wages, subject to a maximum and minimum, during the period of the total disability.

When a disability is partial and temporary, the payment of temporary total disability benefits will cease, and the injured employee will receive the proportion of the payments provided for temporary total disability that the loss of wages bears to the wage used to calculate temporary total disability under that statute. For a permanent partial disability, an impairment award may be granted if the worker has been released to regular work or has returned to regular work. Impairment benefits are expressed as a percentage of the whole person and are determined by multiplying the impairment value times 100 times the average weekly wage as defined by statute. An award will be issued for impairment and work disability if the worker has not been released to regular work or has not returned to regular work. Work disability benefits are determined by multiplying the impairment value, as modified by various factors, times 150 times the worker’s weekly wage for the job at injury.

Pennsylvania

For a total disability, Pennsylvania workers’ compensation law provides that an injured employee will receive two-thirds of their wages, subject to a maximum. These benefits are payable for the duration of total disability. For a partial disability, except for certain situations discussed below, an injured employee will receive two-thirds of the difference between their wages at the time of the injury and the earning power of the employee thereafter, subject to a maximum. These benefits will not be paid for more than 500 weeks.

Pennsylvania also provides a statutory schedule for disabilities resulting from certain types of permanent injuries, such as the loss or loss of use of various body parts. These are often defined as two-thirds of wages for a specified number of weeks.

Rhode Island

While the incapacity for work resulting from an injury is total, Rhode Island workers’ compensation law provides that an injured employee will receive 62 percent of their average weekly base wages, earnings, or salary, as computed pursuant to statute and subject to a maximum. Certain injuries are presumed to result in a permanent total disability.

While the incapacity for work resulting from an injury is partial, an injured employee will receive 62 percent of the difference between their average weekly base wages, earnings, or salary before the injury, as computed pursuant to statute, and their weekly wages, earnings, salary, or earnings capacity afterward, but not more than the maximum weekly compensation rate for total incapacity. When an employee’s condition has reached maximum medical improvement, and the incapacity for work is partial, the injured employee will receive a weekly compensation equal to 70 percent of the weekly compensation rate described in the previous sentence. Rhode Island provides additional compensation for specific injuries, such as the loss or loss of use of various body parts.

South Carolina

When the incapacity resulting from an injury is total, South Carolina workers’ compensation law provides that an injured employee will receive two-thirds of the average weekly wages during the total disability, subject to a minimum and maximum. These benefits do not last for more than 500 weeks, except in certain cases involving employees who are totally and permanently disabled due to certain catastrophic injuries. These employees may receive benefits for life.

When the incapacity resulting from an injury is partial, an injured employee will receive a weekly compensation equal to two-thirds of the difference between their average weekly wages before the injury and the average weekly wages that they are able to earn thereafter, subject to a maximum. These benefits do not last for more than 340 weeks. South Carolina also provides a statutory schedule for compensation based on certain injuries involving the loss or loss of use of various body parts.

South Dakota

Unlike most states, South Dakota does not require employers to carry workers’ compensation insurance. However, an employer that does not carry insurance may be sued in a personal injury lawsuit by an injured employee.

For a temporary total disability, South Dakota workers’ compensation law provides that an injured employee will receive two-thirds of their earnings, subject to a maximum and minimum. For a permanent total disability, compensation will be paid at the same rate for life with annual increases based on the consumer price index.

When an employee has become partially incapacitated from pursuing their usual and customary line of employment, the employee will receive half of the difference between the average amount that they earned before the accident and the average amount that the employee is earning or is able to earn in a suitable employment or business after the accident, subject to a maximum. South Dakota also provides a statutory schedule of additional compensation for specific injuries, which generally involve the loss or loss of use of various body parts.

Tennessee

For a temporary total disability, Tennessee workers’ compensation law provides that an injured employee will receive two-thirds of the average weekly wages as defined by statute, subject to a maximum and minimum. When a fractional week of temporary total disability is involved, the compensation for each day is one-seventh of the amount due for a full week. For a temporary partial disability, an injured employee will receive two-thirds of the difference between their average weekly wage at the time of the injury and the wage that they are able to earn in their partially disabled condition. These benefits will not extend beyond 450 weeks.

For a permanent partial disability, when the injured employee reaches maximum medical improvement, they will receive two-thirds of their average weekly wages for the period of compensation. This is determined by multiplying the employee’s impairment rating by 450 weeks. For a permanent total disability, an injured employee will receive two-thirds of the wages received at the time of the injury, subject to a maximum and minimum. These benefits generally are paid until the employee is eligible by age for full benefits in the Old Age Insurance Benefit Program under the federal Social Security Act.

Texas

Unlike most states, Texas generally does not require private employers to carry workers’ compensation insurance. If an employer does not carry this coverage, an employee can sue them for an accident on the job as they would sue any other defendant in an ordinary personal injury case.

Benefits under Texas workers’ compensation laws are generally classified as temporary income, impairment income, supplemental income, and lifetime income benefits. An injured employee is entitled to temporary income benefits if the employee has not attained maximum medical improvement. These benefits continue until the employee reaches maximum medical improvement. Temporary income benefits are generally calculated as 70 percent of the amount computed by subtracting the employee’s weekly earnings after the injury from the employee’s average weekly wage.

An employee with an impairment may be eligible for impairment income benefits after they reach maximum medical improvement. These benefits last until the expiration of a period computed at the rate of three weeks for each percentage point of impairment. Impairment income benefits are calculated as 70 percent of the employee’s average weekly wage.

An employee may be entitled to supplemental income benefits after the expiration of the impairment income benefit period if they have an impairment rating of 15 percent or more, have not returned to work or earn less than 80 percent of their average weekly wage, and meet certain other requirements. Supplemental income benefits are calculated as 80 percent of the amount computed by subtracting the weekly wage that the employee earned during a statutory reporting period from 80 percent of the employee’s average weekly wage as determined by statute.

Finally, lifetime income benefits are paid until the death of the employee for certain injuries provided by statute. Lifetime income benefits are calculated as 75 percent of the employee’s average weekly wage. Benefits being paid are increased at a rate of 3 percent per year.

Utah

For a temporary total disability, Utah workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wages at the time of the injury, subject to a maximum and minimum. These benefits must not exceed 312 weeks at the rate of 100 percent of the state average weekly wage at the time of the injury over a period of 12 years from the date of the injury. For a temporary partial disability, an injured employee will receive compensation equal to two-thirds of the difference between their average weekly wages before the accident and the weekly wages that they are able to earn after the accident, subject to a maximum.

For a permanent partial disability, an injured employee will receive benefits according to a statutory schedule. The wage component of the formula is two-thirds of the employee’s average weekly wages at the time of the injury, subject to a maximum and minimum. These benefits are paid in addition to temporary total and temporary partial disability benefits. For a permanent total disability, an injured employee will receive two-thirds of their average weekly wage at the time of the injury, subject to a maximum and minimum. These benefits last until the death of the employee, or until they are capable of returning to regular, steady work.

Vermont

For a temporary total disability, Vermont workers’ compensation law provides that an injured employee will receive a weekly compensation equal to two-thirds of their average weekly wages, subject to a maximum and minimum. For a temporary partial disability, an injured employee will receive a weekly compensation equal to two-thirds of the difference between their average weekly wage before the injury and the average weekly wage that they are able to earn thereafter.

For a permanent partial impairment, an injured employee will receive two-thirds of the average weekly wage, subject to a maximum and minimum, for a period determined by multiplying the employee’s percentage of impairment of the whole person by 330 weeks. For a permanent total disability, an injured employee will receive two-thirds of their average weekly wages, subject to a maximum and minimum, for the duration of the permanent total disability, but not for less than 330 weeks. Benefits will continue beyond 330 weeks if the injury results in the loss of actual earnings or earning capacity after the injured employee is as far restored as the permanent character of the injuries will permit and results in the employee having no reasonable prospect of finding regular employment.

Virginia

When an incapacity resulting from an injury is total, Virginia workers’ compensation law provides that an injured employee will receive a weekly compensation equal to two-thirds of their average weekly wages, subject to a minimum and maximum. When an incapacity resulting from an injury is partial, an injured employee will receive a weekly compensation equal to two-thirds of the difference between their average weekly wages before the injury and the average weekly wages that they are able to earn thereafter, subject to a maximum.

Virginia provides a statutory schedule for calculating compensation for permanent partial loss and disfigurement. The wage component of the formula is two-thirds of the average weekly wage. Compensation for permanent and total incapacity is awarded for certain catastrophic injuries defined by statute. This will continue for the lifetime of the injured employee.

Washington

For a permanent total disability, Washington workers’ compensation law provides that an injured employee will receive an amount between 60 and 75 percent of their wages, depending on their marital and family status and subject to a maximum and minimum. When a total disability is only temporary, the same schedule of payments applies as long as the total disability continues.

When the present earning power of an employee is only partially restored, an injured employee will receive 80 percent of the actual difference between their present wages and earning power at the time of injury, subject to a maximum and minimum. Washington also provides a statutory schedule for permanent partial disability benefits.

Washington, D.C.

For a permanent total disability, Washington, D.C. workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wages. For a temporary total disability, an injured employee will receive two-thirds of their average weekly wages while the disability lasts.

For a permanent partial disability, an injured employee will receive compensation as provided by a statutory schedule. The wage component of the formula is two-thirds of the employee’s average weekly wages. These benefits are awarded in addition to compensation for temporary total disability or temporary partial disability. For a temporary partial disability, an injured employee will receive two-thirds of their wage loss, which is the difference between their average weekly wage before the disability and their actual wages after the disability. These benefits will not be paid for more than five years.

West Virginia

For a temporary total disability, West Virginia workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly wage earnings at the date of injury, subject to a maximum and minimum. An aggregate award for a single injury will not extend beyond 104 weeks. For a permanent total disability, an injured employee will receive two-thirds of their average weekly wage earnings at the date of injury, subject to a maximum and minimum. These benefits are payable until the claimant reaches the age necessary to receive federal old age retirement benefits under the Social Security Act.

West Virginia provides a statutory schedule for permanent partial disability benefits. The award is computed on the basis of four weeks’ compensation for each percent of disability, with compensation defined as two-thirds of the average weekly wage earnings of the employee at the date of injury, subject to a maximum. Certain injured employees who continue to work at a lesser-paying job than what they previously held may be eligible to receive temporary partial rehabilitation benefits for four years. The benefits are paid at the level necessary to ensure the employee’s receipt of certain percentages of their average weekly wage earnings at the time of injury: 80 percent for the first year, 70 percent for the second year, 60 percent for the third year, and 50 percent for the fourth year.

Wisconsin

When an injury causes a total disability, Wisconsin workers’ compensation law provides that an injured employee will receive two-thirds of their average weekly earnings during the disability. When an injury causes a partial disability, an injured employee will receive the proportion of the weekly indemnity rate for total disability as the actual wage loss of the injured employee bears to their average weekly wage at the time of the injury. A temporary disability, during which compensation is payable for loss of earnings, includes the period during which an employee could return to a restricted type of work during the healing period.

Wisconsin also provides a statutory schedule for permanent partial disabilities. For cases included in the schedule, an indemnity is paid for the healing period and in addition for the period specified by statute for that injury, at the rate of two-thirds of the average weekly earnings of the employee.

Wyoming

For temporary total disability, Wyoming workers’ compensation law provides that an injured employee will receive 30 percent of the statewide average monthly wage or two-thirds of their actual monthly earnings at the time of injury, whichever is greater, subject to a maximum. For temporary light duty, an injured employee will receive 80 percent of the difference between their light duty wage and their actual monthly earnings at the time of injury. For permanent partial impairment, an award is calculated at the rate of two-thirds of the statewide average monthly wage for the 12-month period preceding the quarterly period in which the benefits are first paid.

For permanent partial and permanent total disability, the award is 92 percent of an injured employee’s actual monthly earnings when these are less than 73 percent of the statewide average monthly wage. The award is two-thirds of the statewide average monthly wage when the employee’s actual monthly earnings are at least 73 percent of the statewide average monthly wage, but less than the statewide average monthly wage. The award is two-thirds of the employee’s actual monthly earnings, capped at the statewide average monthly wage, when the employee’s actual monthly earnings are greater than or equal to the statewide average monthly wage.

 

https://www.justia.com/workers-compensation/workers-compensation-laws-50-state-survey/