|
|
|
(In effect as of January 1,
2004*) |
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|
|
TABLE 7. BENEFITS FOR PERMANENT TOTAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
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|
|
|
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, 22% of the |
$832.00 |
120 |
Duration of |
WC benefits subject |
|
|
worker's |
SAWW if the employ- |
|
disability |
to reduction by |
|
|
spendable |
ee shows proof of |
|
Social Security, any |
|
|
earnings |
wages, or worker's |
|
previously awarded |
|
|
|
spendable weekly |
|
PPD benefits. |
|
|
|
wage if less. |
|
|
|
|
|
| Arizona..... |
66 2/3 |
Payable, but not |
$374.01 |
N/A |
Life or |
Additional $25 mon- |
|
|
|
statutorily pre- |
|
duration of |
thly added to bene- |
|
|
|
scribed. |
|
disability |
fits for dependents. |
|
|
|
|
| Arkansas.... |
66 2/3 |
$20 |
$453.00 |
85 |
Duration of |
|
|
|
|
disability |
|
|
|
|
|
| California.. |
66 2/3 |
$126 |
$728.00 |
N/A |
Life |
|
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|
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| |
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| *See
Introduction page. |
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|
TABLE 7. BENEFITS FOR PERMANENT 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 |
|
| |
|
|
|
|
|
|
|
|
|
| Colorado.... |
66 2/3 |
For death benefits
only, |
$658.84 |
91 |
Life |
WC benefits subject |
|
|
|
25% of maximum weekly |
|
to Social Security |
|
|
|
benefit or $164.71 |
|
benefit offsets and |
|
|
|
effective 7/1/03 |
|
to reduction by bene- |
|
|
|
fits under an em- |
|
|
|
ployer pension or |
|
|
|
disability plan. |
|
|
|
Lump sum maximum |
|
|
|
payable is $37,560. |
|
|
|
|
| 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 |
100 |
Duration of |
WC benefits subject |
|
|
|
wage if less. |
|
disability |
to Social Security |
|
|
|
and UI benefit |
|
|
|
offsets. |
|
|
|
|
| Georgia..... |
66 2/3 |
$42.50 or average |
$425.00 |
N/A |
Duration of |
|
|
|
|
wage if less. |
|
disability |
|
|
|
|
|
|
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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. |
|
|
|
|
|
| Idaho....... |
67 |
$80.10 - 15% of |
$480.60 |
90 |
52 weeks, |
|
|
|
|
SAWW. |
for first |
|
thereafter |
|
|
|
|
52 weeks; |
|
67% of SAWW |
|
|
|
|
thereafter |
|
for duration |
|
|
|
|
67% of SAWW |
|
of disability |
|
|
|
|
|
| Illinois.... |
66 2/3 |
$379.51 - 50% of |
$1,012.01 |
133 1/3 |
Life |
|
|
|
|
SAWW. |
|
|
|
|
|
| Indiana..... |
66 2/3 |
$75 or worker's |
$588.00 |
N/A |
500 weeks |
Total maximum amount |
|
|
|
average wage if |
|
payable is $294,000. |
|
|
|
less. |
|
Thereafter, a claim- |
|
|
|
ant may receive payments
indefin-
ately, payable from |
|
|
|
|
|
|
a special fund. |
|
|
|
|
| Iowa........ |
80% of |
$135.90 to $144.74 |
$1,133.00 |
200 |
Duration of |
|
|
|
worker's |
according to marital |
|
disability |
|
|
|
spendable |
status, and number of |
|
|
|
earnings |
dependents. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 payable |
|
|
|
disability |
is $125,000. WC |
|
|
|
benefits subject to |
|
|
|
UI and Social Secu- |
|
|
|
rity benefit off- sets. |
|
|
|
|
| Kentucky.... |
66 2/3 |
$117.69 - 20% |
$588.43 |
100 |
Duration of |
WC benefits termi- |
|
|
|
of SAWW. |
|
disability |
nate when employee |
|
|
|
qualifies for |
|
|
|
Social Security |
|
|
|
benefits. |
|
|
|
|
| Louisiana... |
66 2/3 |
$114 - 20% of |
$429.00 |
75 |
Duration of |
Volunteer fire- |
|
|
|
SAWW, or actual |
|
disability |
fighters limited to |
|
|
|
wage if less. |
|
520 weeks. |
|
|
|
|
| Maine....... |
80% of |
-------------- |
$506.42 |
90 |
Duration of |
WC benefits subject |
|
|
worker's |
|
disability |
to UI benefit off- |
|
| |
spendable |
|
sets, except if |
|
| |
earnings |
|
benefits started |
|
|
|
prior to date of |
|
|
|
injury, or if bene- |
|
|
|
fits are a spouse's |
|
| |
|
entitlement. |
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 |
|
| |
|
|
|
|
|
|
|
|
|
| Maryland.... |
66 2/3 |
$50 or worker's |
$740.00 |
100 |
Duration of |
|
|
|
|
average wage if |
|
disability |
|
|
|
|
less. |
|
|
|
|
|
| Massachusetts |
66 2/3 |
$176.89 - 20% of |
$884.46 |
100 |
Duration of |
Additional $6 will |
|
|
|
SAWW or worker's |
|
disability |
be added per depen- |
|
|
|
average wage if |
|
dent if weekly bene- |
|
|
|
less. |
|
fits are below $150. |
|
|
|
|
| Michigan.... |
80% of |
$186.12 - 25% |
$671.00 |
90 |
Duration of |
WC benefits subject |
|
|
worker's |
SAWW. |
|
disability |
to reduction by UI. |
|
|
spendable |
|
|
|
earnings |
|
|
|
|
|
| Minnesota... |
66 2/3 |
$466.70 - 65% of |
$750.00 |
N/A |
Until age 67 |
After $25,000 is |
|
|
|
SAWW. |
|
(rebuttable presumption) |
paid, continuing |
|
|
|
payments become sub- |
|
|
|
ject to any govern- |
|
|
|
ment or Social |
|
|
|
Security benefit |
|
|
|
offsets. |
|
|
|
|
| Mississippi. |
66 2/3 |
$25 |
$341.11 |
66 2/3 |
450 weeks |
Total amount payable |
|
|
|
is $153,499.50 |
|
|
|
|
| Missouri.... |
66 2/3 |
$40 |
$662.55 |
105 |
Duration of |
|
|
|
|
disability |
|
|
| |
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 |
|
| |
|
|
|
|
|
|
|
|
|
| Montana..... |
66 2/3 |
Payable, but |
$487.00 |
100 |
Duration of disability
until |
WC benefits subject |
|
|
|
not statutorily |
|
date eligible for full social |
to Social Security |
|
|
|
prescribed. |
|
security retirement benefits |
benefit offsets. |
|
|
|
or equivalent benefits. |
|
|
|
|
|
| Nebraska.... |
66 2/3 |
$49 or actual |
$562.00 |
100 |
Duration of |
|
|
|
|
wage if less. |
|
disability |
|
|
|
|
|
| Nevada...... |
66 2/3 |
-------------- |
$633.08 |
150 |
Life |
|
|
|
|
|
| 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 |
$170 - 20% of |
$638.00 |
75 |
if after 450 weeks |
After 450 weeks, |
|
|
|
SAWW. |
|
worker produces evidence |
there is a dollar for |
|
|
|
of continued total |
dollar set off if |
|
|
|
disability, benefits will |
worker is working. |
|
|
|
continue for life. |
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 Mexico.. |
66 2/3 |
$36 or actual |
$549.37 |
100 |
Lifetime |
Benefits are for |
|
|
|
wage if less. |
|
the life of the |
|
|
|
injured worker. |
|
|
|
|
| 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 weekly |
|
|
Dakota.... |
|
SAWW, or em- |
|
disability, |
for each dependent |
|
|
|
ployee's actual |
|
or until |
child, not to exceed |
|
|
|
net wage if less, |
|
claimant is |
worker's net wage. |
|
|
|
unless claimant |
|
eligible for |
WC benefits are re- |
|
|
|
has received PTD |
|
Social Secu- |
duced by 50% of |
|
|
|
payments for more |
|
rity retire- |
Social Security disa- |
|
|
|
than 10 years. |
|
ment benefits |
bility benefits. An |
|
|
|
Claims filed after |
|
offset of Social |
|
|
|
7/31/99 have a 7- |
|
Security retirement |
|
|
|
year waiting period |
|
benefits also applies. |
|
|
|
versus 10 years. |
|
|
|
|
|
| Ohio........ |
66 2/3 |
$331.00 - 50% of |
$662.00 |
100 |
Life |
WC benefits subject |
|
|
|
SAWW, or actual |
|
to Social Security |
|
|
|
wage if less. |
|
benefit offsets. |
|
|
|
|
| Oklahoma.... |
70 |
$30 or actual |
$528.00 for |
100 |
Duration of |
|
|
|
|
wage if less |
injuries occurring |
|
disability |
|
|
|
|
11/1/02 - 10/31/05 |
|
|
|
|
|
|
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 |
$665.10 |
100 |
Duration of |
WC benefits sub- |
|
|
|
actual wage |
|
disability |
ject to Social |
|
|
|
if less. |
|
Security benefit |
|
|
|
offsets. |
|
|
|
|
| Pennsylvania |
66 2/3 |
$383.32 - 90% of |
$690.00 |
100 |
Duration of |
WC benefits subject |
|
|
|
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 |
Duration of |
Total amount payable |
|
|
|
(payable |
|
disability |
is $24,300. |
|
|
|
per month) |
|
|
|
|
|
| Rhode |
75% of |
--------------- |
$726.00 |
110 |
Duration of |
Additional $15 for |
|
|
Island |
worker's |
|
disability |
each dependent in- |
|
|
spendable |
|
cluding a nonworking |
|
|
earnings |
|
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. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 |
|
| |
|
|
|
|
|
|
|
|
|
| South |
66 2/3 |
$249 - 50% of |
$498.00 |
100 |
Duration of |
PTD benefits offset |
|
|
Dakota.... |
|
SAWW or worker's |
|
disability |
by Social Security |
|
|
|
average wage if |
|
retirement to extent |
|
|
|
less. |
|
that combined bene- |
|
|
|
fits received are |
|
|
|
greater than 150% of |
|
|
|
PTD benefits. |
|
|
|
|
| Tennessee... |
66 2/3 |
$92.70 - 15% of |
$618.00 |
100 |
Until retire- |
If a worker is |
|
|
|
SAWW. |
|
ment age |
permanently and |
|
|
|
totally disabled, |
|
|
|
maximum weekly pay- |
|
|
|
ment can be received |
|
|
|
until the employee is, by |
|
|
|
age, eligible for full |
|
|
|
benefits in the Old Age |
|
|
|
Ins. Benefit Program |
|
|
|
under the Social Security |
|
|
|
Act, and may be offset |
|
|
|
by OASDI. |
|
|
|
|
| Texas....... |
75 |
$81 - 15% of |
$537.00 |
100 |
Life for in- |
|
|
|
|
SAWW. |
|
juries listed |
|
|
|
|
in statute as |
|
|
|
|
constituting |
|
|
|
|
PTD; other- |
|
|
|
|
wise 401 weeks |
|
|
|
|
|
| Utah........ |
66 2/3 |
$45 |
$478.00 |
85 |
312 weeks, or |
Additional $5 for |
|
|
|
life if claim- |
dependent spouse and |
|
|
|
ant cannot be |
each dependent child |
|
|
|
rehabilitated |
up to 4 under age |
|
|
|
18, not to exceed |
|
|
|
85% of SAWW. |
|
|
|
|
|
|
|
|
TABLE 7. BENEFITS FOR PERMANENT 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 |
|
| |
|
|
|
|
|
|
|
|
|
| Vermont..... |
66 2/3 |
$296 - 50% |
$887.00 |
150 |
Life with a minimum |
|
|
|
|
of SAWW, or |
|
of 330 weeks |
|
|
|
|
worker's |
|
|
|
|
average wage |
|
|
|
|
if less. |
|
|
|
|
|
| Virginia.... |
66 2/3 |
$172.75 - 25% of |
$691.00 |
100 |
Duration of |
|
|
|
|
SAWW, or employ- |
|
disability |
|
|
|
|
ee's actual wage |
|
|
|
|
if less. |
|
|
|
|
|
| Virgin |
66 2/3 |
$60 or actual |
$385.00 |
66 2/3 |
Duration of |
|
|
|
Islands... |
|
wages if less. |
|
disability |
|
|
|
|
|
| Washington.. |
60 - 75 |
$43.17 or more, |
$885.29 |
120% of |
Life |
WC benefits subject |
|
|
|
according to |
|
State's |
|
to Social Security |
|
|
|
marital status |
|
average |
|
benefit offsets. |
|
|
|
and number of |
|
monthly |
|
|
|
|
dependents. |
|
wage |
|
|
|
|
|
| West |
66 2/3 |
$144.20** |
$537.00 |
100 |
Until age 70 |
**Subject to |
|
|