|
|
|
|
(In effect as of January 1,
2004*) |
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Alabama..... |
66 2/3 |
$156 - 27 1/2% of |
$587.00 |
100 |
Duration of |
|
|
|
|
SAWW or worker's |
|
disability |
|
|
|
|
average wage if |
|
|
|
|
less. |
|
|
|
|
|
| Alaska...... |
80% of |
$110, or 22% of |
$832.00 |
120 |
Duration of |
WC benefits subject |
|
|
worker's |
the SAWW if em- |
|
disability |
to offsets under |
|
|
spendable |
ployee shows |
|
until date |
Social Security. |
|
|
earnings |
proof of wages, |
|
of medical |
|
|
|
|
or worker’s spend- |
|
stability |
|
|
|
|
able weekly wage |
|
|
|
|
if less. |
|
|
|
|
|
| Arizona..... |
66 2/3 |
Payable, but not |
$374.01 |
N/A |
Duration of |
Additional $25 mon- |
|
|
|
statutorily pre- |
|
disability |
thly added to bene- |
|
|
|
scribed. |
|
fits of dependents. |
|
|
|
|
| Arkansas.... |
66 2/3 |
$20 |
$453.00 |
85 |
450 weeks |
|
|
|
|
|
| California.. |
66 2/3 |
$126 |
$728.00 |
N/A |
104 weeks for |
|
|
|
|
most injuries |
|
|
|
|
|
| Colorado.... |
66 2/3 |
---------------- |
$658.84 |
91 |
Duration of |
WC benefits subject |
|
|
|
disability |
to Social Security |
|
|
|
benefit offsets and |
|
|
|
reduction by bene- |
|
|
|
fits under an em- |
|
|
|
ployer pension or |
|
|
|
disability plan. |
|
| |
|
|
|
|
|
|
|
|
| *See
Introduction page. |
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Connecticut. |
75% of |
$182.20 - 20% of |
$911.00 |
100 |
Duration of |
WC benefits subject |
|
|
worker's |
SAWW, or an amount |
|
disability |
to Social Security |
|
|
spendable |
not to exceed 75% |
|
benefit offset. |
|
|
earnings. |
of worker's average |
|
|
|
|
wage if less. |
|
|
|
|
|
| Delaware.... |
66 2/3 |
$168.94 - 22 2/9% |
$506.81 |
66 2/3 |
Duration of |
|
|
|
|
of SAWW, or actual |
|
disability |
|
|
|
|
wage if less. |
|
|
|
|
|
| District of |
66 2/3 |
$255.50 |
$1,022.00 |
100 |
Duration of |
|
|
|
Columbia.. |
|
disability |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Florida..... |
66 2/3 |
$20 or actual |
$626.00 1/ |
100 |
104 weeks |
WC benefits subject |
|
|
|
wage if less. |
|
to Social Security |
|
|
|
and UI benefit |
|
|
|
offsets. |
|
|
|
|
| Georgia..... |
66 2/3 |
$42.50 or |
$425.00 |
N/A |
400 weeks |
Maximum weekly bene- |
|
|
|
average wage |
|
fit in catastrophic |
|
|
|
if less. |
|
cases shall be paid |
|
|
|
until such time as |
|
|
|
employee undergoes |
|
|
|
a change in con- |
|
|
|
dition for the |
|
|
|
better. |
|
| |
|
|
|
|
|
|
|
|
|
|
|
| 1/
Florida: For workers who lose an arm, leg, hand, or for quadra or
paraplegics, or for loss of use of both eyes, maximum benefits are
$700.00. |
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Hawaii...... |
66 2/3 |
$149.00 - 25% of |
$596.00 |
100 |
Duration of |
|
|
|
|
SAWW, or worker's |
|
disability |
|
|
|
|
average wage if less, |
|
|
|
|
but not lower than |
|
|
|
|
$38.00 |
|
|
|
|
|
| Idaho....... |
67 |
$80.10 - 15% of |
$480.60 for |
90 |
52 weeks, |
|
|
|
|
SAWW. |
first 52 |
|
thereafter |
|
|
|
|
weeks; |
|
67% of SAWW |
|
|
|
|
thereafter |
|
for duration |
|
|
|
|
$357.78 |
|
of disability |
|
|
|
|
|
| Illinois.... |
66 2/3 |
$100.90 to |
$1,012.01 |
133 1/3 |
Duration of |
|
|
|
|
$124.30, or |
|
disability |
|
|
|
|
worker's average |
|
|
|
|
wage if less, |
|
|
|
|
according to |
|
|
|
|
number of |
|
|
|
|
dependents. |
|
|
|
|
|
| Indiana..... |
66 2/3 |
$75 or worker's |
$588.00 |
N/A |
500 weeks |
Total maximum |
|
|
|
average wage if |
|
amount payable |
|
|
|
less. |
|
is $294,000. |
|
|
|
|
|
|
|
| Iowa........ |
80% of |
$135.90 to $144.74 |
$1,133.00 |
200 |
Duration of |
|
|
|
worker's |
or actual wage if |
|
disability |
|
|
|
spendable |
less, according to |
|
|
|
earnings. |
marital status and |
|
|
|
|
number of dependents. |
|
|
|
|
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Kansas...... |
66 2/3 |
$25 |
$440.00 |
75 |
Duration of |
Total amount pay- |
|
|
|
disability |
able is $100,000. |
|
|
|
WC benefits subject |
|
|
|
to UI and Social |
|
|
|
Security benefit |
|
|
|
offsets. |
|
|
|
|
| Kentucky.... |
66 2/3 |
$117.69 - 20% of |
$588.43 |
100 |
Duration of |
WC benefits termi- |
|
|
|
SAWW. |
|
Disability |
nate when employee |
|
|
|
qualifies for |
|
|
|
Social Security |
|
|
|
benefits. |
|
|
|
|
| Louisiana... |
66 2/3 |
$114 - 20% of |
$429.00 |
75 |
Duration of |
WC benefits subject |
|
|
|
SAWW, or actual |
|
disability |
to UI benefit off- |
|
|
|
wage if less. |
|
sets. |
|
|
|
|
| Maine....... |
80% of |
----------------- |
$506.42 |
90 |
Duration of |
WC benefits subject |
|
|
worker's |
|
disability |
to UI benefit off- |
|
|
after tax |
|
sets, except if bene- |
|
|
earnings. |
|
fits started prior |
|
|
|
to date of injury, |
|
|
|
or if benefits are |
|
|
|
a spouse's entitle- |
|
|
|
ment. |
|
|
|
|
| Maryland.... |
66 2/3 |
$50 or actual |
$740.00 |
100 |
Duration of |
|
|
|
|
wage if less. |
|
disability |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Massachusetts |
60 |
$176.89 – 20% of |
$884.46 |
100 |
156 weeks |
Additional $6 will |
|
|
|
SAWW or worker’s |
|
added per depen- |
|
|
|
average wage if |
|
dent if weekly bene- |
|
|
|
less. |
|
fits are below $150. |
|
|
|
|
| Michigan.... |
80% of |
--------------- |
$671.00 |
90 |
Duration of |
WC benefits subject |
|
|
worker's |
|
disability |
to reduction by UI |
|
|
spendable |
|
and Social Security |
|
|
earnings. |
|
benefits, and by |
|
|
|
those under an em- |
|
|
|
ployer disability, |
|
|
|
retirement, or |
|
|
|
pension plan. |
|
|
|
|
| Minnesota... |
66 2/3 |
$130 or actual |
$750.00 |
N/A |
104 weeks, or |
Compensation stops |
|
|
|
wage if less. |
|
90 days after |
if employee with- |
|
|
|
maximum medi- |
draws from labor |
|
|
|
cal improve- |
market, is released |
|
|
|
ment. |
to work without any |
|
|
|
physical restric- |
|
|
|
tions, or refuses |
|
|
|
offer to work that |
|
|
|
is consistent with |
|
|
|
a rehabilitation |
|
|
|
plan. |
|
|
|
|
| Mississippi. |
66 2/3 |
$25 |
$341.11 |
66 2/3 |
450 weeks |
Total maximum amount |
|
|
|
payable is $153,499.50 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Missouri.... |
66 2/3 |
$40 |
$662.55 |
105 |
400 weeks |
|
|
|
|
|
| Montana..... |
66 2/3 |
Payable, but not |
$487.00 |
100 |
Duration of |
WC benefits subject |
|
|
|
statutorily pre- |
|
disability, |
to Social Security |
|
|
|
scribed. |
|
or until |
benefit offsets. |
|
|
|
worker is |
|
|
|
|
released to |
|
|
|
|
pre-injury |
|
|
|
|
job or similar |
|
|
|
|
employment |
|
|
|
|
|
| Nebraska.... |
66 2/3 |
$49 or actual |
$562.00 |
100 |
Duration of |
|
|
|
|
wage if less. |
|
disability |
|
|
| Nevada...... |
66 2/3 |
----------------- |
633.08 2/ |
150 |
Duration of |
|
|
|
|
disability |
|
|
|
|
|
| New |
60 |
$207.60 - 30% of |
$1,038.00 |
150 |
Duration of |
|
|
|
Hampshire. |
|
SAWW not to exceed |
|
disability |
|
|
|
|
employee's after |
|
|
|
|
tax earnings. |
|
|
|
|
|
| New Jersey.. |
70 |
$173 - 20% of |
$650.00 |
75 |
400 weeks |
|
|
|
|
SAWW. |
|
|
|
|
|
| New Mexico.. |
66 2/3 |
$36 or actual |
$549.37 |
100 |
Duration of |
|
|
|
|
wage if less. |
|
disability |
|
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
| 2/ Nevada:
Reduced by the amount of federal disability insurance benefits received. |
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| New York.... |
66 2/3 |
$40 or actual |
$400.00 |
N/A |
Duration of |
|
|
|
|
wage if less. |
|
disability |
|
|
|
|
|
| North |
66 2/3 |
$30 |
$688.00 |
110 |
Duration of |
|
|
|
Carolina.. |
|
disability |
|
|
|
|
|
| North |
66 2/3 |
$303 - 60% of |
$555.00 |
110 |
Duration of |
Additional $10 per |
|
|
Dakota.... |
|
SAWW, or employ- |
|
disability, |
week for each de- |
|
|
|
ee's actual net |
|
or until |
pendent child, not |
|
|
|
wage if less. |
|
claimant is |
to exceed worker's |
|
|
|
eligible for |
net wage. Benefits |
|
|
|
Social Secu- |
are reduced by 50% |
|
|
|
rity retire- |
of Social Security |
|
|
|
ment benefits |
disability benefits. |
|
|
|
|
| Ohio........ |
72% for |
$220.67 - 33 1/3% |
$662.00 |
100 |
Duration of |
WC benefits subject |
|
|
first 12 |
of SAWW or actual |
|
disability |
to Social Security |
|
|
weeks; |
wage if less. |
|
benefit offsets and, |
|
|
thereafter |
|
if concurrent and/or |
|
|
66.67% |
|
duplicate, with |
|
|
|
those under employer |
|
|
|
non-occupational |
|
|
|
benefit plan. |
|
|
|
|
| Oklahoma.... |
70 |
$30 or actual |
$528.00 for injuries |
100 |
156 weeks |
Period of disability |
|
|
|
wage if less. |
occurring 11/1/02 - |
|
can be extended |
|
|
|
10/31/05 |
|
by the WC Court |
|
|
|
for good cause. |
|
|
|
|
|
|
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Oregon...... |
66 2/3 |
$50 or 90% of |
$884.58 |
133 |
Duration of |
Percentage of SAWW |
|
|
|
actual wage if |
|
disability |
increased from 100 |
|
|
|
less. |
|
to 133 effective for |
|
|
|
injury dates on or |
|
|
|
after 1/1/02. |
|
|
|
|
| Pennsylvania |
66 2/3 |
$383.32 or 90% |
$690.00 |
100 |
Duration of |
WC benefits subject |
|
|
|
of AWW if less |
|
disability |
to Social Security |
|
|
|
benefit offsets, and |
|
|
|
by those under an |
|
|
|
employer-funded pen- |
|
|
|
sion plan as well as |
|
|
|
for severance pay. |
|
|
|
|
| Puerto Rico. |
66 2/3 |
$65 |
$200.00 |
N/A |
312 weeks |
|
|
|
|
|
| Rhode |
75% of |
---------------- |
$726.00 |
110 |
Duration of |
Additional $15 for |
|
|
Island.... |
worker's |
|
disability |
each dependent; |
|
|
spendable |
|
including a non- |
|
|
earnings |
|
working spouse, |
|
|
|
aggregate not to |
|
|
|
exceed 80% of |
|
|
|
worker's AWW. |
|
|
|
|
| South |
66 2/3 |
$75 or average |
$577.73 |
100 |
500 weeks |
|
|
|
Carolina.. |
|
wage if less. |
|
|
|
|
|
| South |
66 2/3 |
$249 - 50% of |
$498.00 |
100 |
Duration of |
|
|
|
Dakota.... |
|
SAWW, or worker's |
|
disability |
|
|
|
|
average wage if |
|
|
|
|
less. |
|
|
|
|
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Tennessee... |
66 2/3 |
$92.70 – 15% of |
$618.00 |
100 |
400 weeks |
Total amount payable |
|
|
|
SAWW. |
|
is $247,200. |
|
|
|
|
| Texas....... |
70% of |
$81 - 15% of SAWW. |
$537.00 |
100 |
104 weeks, or |
104 week period may |
|
|
worker's |
|
upon reaching |
be extended if |
|
|
earnings |
|
maximum medi- |
spinal surgery is |
|
|
over $8.50/hr. |
|
cal improve- |
involved. |
|
|
75% for all |
|
ment, which- |
|
|
|
others |
|
ever is sooner |
|
|
|
|
|
| Utah........ |
66 2/3 |
$45 |
$579.00 |
100 |
312 weeks |
Additional $5 for |
|
|
|
dependent spouse |
|
|
|
and each dependent |
|
|
|
child up to 4 under |
|
|
|
age 18, but not to |
|
|
|
exceed 100% of SAWW. |
|
|
|
|
| Vermont..... |
66 2/3 |
$296 - 50% of |
$887.00 |
150 |
Maximum medical |
Additional $10 will |
|
|
|
SAWW, or worker's |
|
improvement |
be paid for each |
|
|
|
average wage if |
|
dependent under 21 |
|
|
|
less. |
|
years of age. |
|
|
|
|
| Virginia.... |
66 2/3 |
$172.75 - 25% of |
$691.00 |
100 |
500 weeks |
|
|
|
|
SAWW, or employ- |
|
|
|
|
ee's actual wage |
|
|
|
|
if less. |
|
|
|
|
|
| Virgin |
66 2/3 |
$60, or actual |
$385.00 |
66 2/3 |
Duration of |
|
|
|
Islands... |
|
wage if less. |
|
disability |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 6. BENEFITS FOR TEMPORARY TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
| |
|
|
|
|
|
|
Percentage Payments
Per Week |
|
|
|
of Worker's |
|
Percentage |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Maximum Period |
Notes |
|
| |
|
|
|
|
|
|
|
|
| Washington.. |
60 - 75 |
$43.17 or more, |
$885.29 |
120% of |
Duration of |
WC benefits subject |
|
|
|
according to |
|
State's |
temporary |
to Social Security |
|
|
|
marital status |
|
average |
disability |
benefit offsets. |
|
|
|
and number of |
|
monthly |
|
|
|
|
dependents. |
|
wage. |
|
|
|
|
|
| West |
66 2/3 |
$144.20** |
$537.00 |
100 |
208 weeks |
**Subject to Federal |
|
|
Virginia.. |
|
minimum weekly wage. |
|
|
|
|
| Wisconsin... |
66 2/3 |
------------- |
$687.00 |
110 |
Duration of |
WC benefits subject |
|
|
|
disability |
to Social Security |
|
|
|
benefit offsets. |
|
|
|
|
| Wyoming..... |
66 2/3 |
------------- |
$563.43 |
3/ |
Duration of |
|
|
|
of actual |
|
|
disability |
|
|
|
monthly |
|
|
|
earnings |
|
|
|
|
|
| |
|
|
|
|
|
|
|
|
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|
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|