|
|
|
(In effect as of January 1,
2004*) |
|
|
|
|
|
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
| |
|
|
| Alabama..... |
66 2/3 |
$161 - 27 1/2% of |
$220.00* |
100 |
300 weeks |
*(By legislation, |
|
|
|
SAWW, or worker's |
|
maximum weekly |
|
|
|
average wage if |
|
compensation is |
|
|
|
less, for scheduled |
|
capped at $220.) |
|
|
|
injuries. |
|
Also see 1/. |
|
|
|
|
| Alaska...... |
------ |
---------------- |
------ |
N/A |
----------- |
See 2/. |
|
|
|
|
| Arizona..... |
55 |
Payable, but not |
$374.01 |
N/A |
Duration of |
|
|
|
|
statutorily pre- |
|
disability |
|
|
|
|
scribed. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
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|
| |
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|
|
|
|
|
| *See Introduction page. |
|
|
| 1/Alabama:
Section 25-5-57--In case a scheduled permanent partial disability
follows or accompanies a period of temporary total |
|
|
| disability
resulting from the same injury, the period of TTD shall not be deducted from
the maximum number of weeks set for each |
|
|
| partial
disability; in case of non-scheduled PPD, such periods shall be deducted. |
|
|
| 2/Alaska:
Permanent partial disability benefits are determined by multiplying
$177,000 times the employee's percentage of permanent |
|
|
| partial
impairment of the whole person and is payable in a single lump sum, unless
the employee is enrolled in a vocational rehabilitation |
|
|
| program. Compensation may not be discounted for any
present value considerations. |
|
|
|
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Arkansas.... |
66 2/3 |
$20 |
$340.00 |
N/A |
450 weeks |
If the claimant's |
|
|
|
TTD rate for in- |
|
|
|
jury is $205.35 or |
|
|
|
greater, maximum PPD |
|
|
|
rate will be 75% of |
|
|
|
claimant's total |
|
|
|
disability rate. |
|
|
|
|
| California.. |
66 2/3 |
$105 |
$250.00 |
N/A |
619.25 weeks |
3 to 8 weeks of WC |
|
|
|
(applicable |
payable for each 1% |
|
|
|
to a worker |
of permanent disa- |
|
|
|
with a 99.5% |
bility, depending on |
|
|
|
disability) |
severity. Thereafter, |
|
|
|
if disability is at |
|
|
|
least 70%, but not |
|
|
|
more than 99.75%, a |
|
|
|
life pension of 1.5% |
|
|
|
of the employee's |
|
|
|
weekly earnings will |
|
|
|
be paid for each 1% |
|
|
|
of disability over |
|
|
|
60% subject to a |
|
|
|
maximum weekly rate |
|
|
|
of $116.27. |
|
|
|
|
|
|
|
| |
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Colorado.... |
------ |
$207.35 - |
$354.90 |
91 |
Duration of |
WC benefits subject |
|
|
|
scheduled |
|
disability |
to Social Security |
|
|
|
injury. 3/ 4/ |
|
benefit offsets and |
|
|
|
to reduction by |
|
|
|
benefits under an |
|
|
|
employer pension or |
|
|
|
disability plan. |
|
|
|
Total maximum amount |
|
|
|
payable is $120,000. |
|
|
|
See 3/. |
|
|
|
|
| Connecticut. |
75% of |
$50.00 |
$726.00 |
100 |
520 weeks |
WC benefits subject |
|
|
worker's |
|
(of aver- |
|
to Social Security |
|
|
spendable |
|
age pro- |
|
benefit offset. |
|
|
Earnings |
|
duction |
|
|
|
|
Wage) |
|
|
|
|
|
| Delaware.... |
66 2/3 |
$168.94 - 22 2/9% |
$506.81 |
66 2/3 |
300 weeks |
|
|
|
|
of SAWW, or actual |
|
|
|
|
wage if less, for |
|
|
|
|
scheduled injury. |
|
|
|
|
|
| District of |
66 2/3 |
$255.50 |
$1,022.00 |
100 |
Duration of |
|
|
|
Columbia.. |
|
disability |
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
|
| 3/Colorado: Section 8-42-104(2)(b)--When
benefits are awarded for PPD, the award of benefits shall exclude any |
|
|
| for a previous impairment to the same body
part. |
|
|
| 4/Effective
July 1, 2000, and each succeeding July 1 thereafter, the compensation rate
for PPD shall be modi- |
|
|
| fied for claims arising on and after such
date by the same percentage increase or decrease as the SAWW. |
|
|
| |
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Florida..... |
5/ |
See 5/ |
$525.00 |
N/A |
5/ |
|
|
|
|
|
| Georgia..... |
66 2/3 |
$42.50 or average |
$425.00 |
N/A |
Based on |
|
|
|
|
wage if less. |
|
statutory |
|
|
|
|
schedule. |
|
|
|
|
|
| Hawaii...... |
66 2/3 |
$149.00 - 25% of |
$596.00 |
100 |
In propor- |
Maximum WC for % of |
|
|
|
SAWW, or worker's |
|
tion to |
disability based on |
|
|
|
average wage if |
|
scheduled |
the whole man is the |
|
|
|
less, but not |
|
injuries; |
product of 312 times |
|
|
|
lower than $38. |
|
or a % of |
the effective maxi- |
|
|
|
loss of the |
mum weekly benefit |
|
|
|
whole man. |
rate. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
|
|
|
| 5/Florida:
Section 440.15(3)(a),F.S.--Impairment income benefits are paid at the
rate of 75% of the injured worker's average weekly temporary total |
|
|
| disability benefit
amount for a period of: |
|
|
| -2 weeks for each percentage point of
impairment from 1% through 10%. |
|
|
| -3 weeks for each percentage point of
impairment from 11% through 15%. |
|
|
| -4 weeks for each percentage point of
impairment from 16% through 20%. |
|
|
| -6 weeks for each percentage point of
impairment from 21% and up. |
|
|
| This is the
case unless the injured worker is earning at least pre-injury wages. If this is the case, benefit levels are
reduced by 50%. |
|
|
| |
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Idaho....... |
N/A |
--------------- |
$293.70 |
55 |
In propor- |
Amounts are for permanent |
|
|
|
tion to losses |
partial impairment.
Disability |
|
|
|
of the whole |
is in addition to PPI and |
|
|
|
man based on |
takes into account medical |
|
|
|
a maximum of |
and non-medical factors. |
|
|
|
500 weeks. |
|
|
|
|
|
| Illinois.... |
60 |
$80.90 to $96.90 |
$542.17 |
N/A |
500 weeks |
Maximum WC for ampu- |
|
|
|
or worker's |
|
(worker able |
tation of a member |
|
|
|
average wage if |
|
to pursue |
or enucleation of an |
|
|
|
less, according |
|
usual work |
eye is 133 1/3% of |
|
|
|
to number of |
|
duties); |
SAWW ($998.12). |
|
|
|
dependents. |
|
Duration of |
|
|
|
|
disability |
|
|
|
|
(worker unable |
|
|
|
|
to pursue |
|
|
|
|
usual work |
|
|
|
|
duties) |
|
|
|
|
|
| Indiana..... |
66 2/3 |
Payable but not |
$588.00 |
N/A |
|
The amount of |
|
|
|
statutorily |
|
compensation for |
|
|
|
prescribed. |
|
PPI is determined |
|
|
|
by multiplying a |
|
|
|
percentage of the |
|
|
|
worker's wage by |
|
|
|
the degree of perma- |
|
|
|
nent impairment. 6/ |
|
| |
|
|
|
|
|
|
|
| 6/ Indiana:
The amount of compensation is computed on the basis of a specific
number of degrees. The benefit is
computed on the basis of a statutorily established |
|
| schedule of dollars to be paid for each
degree of impairment. Higher levels of
impairment have higher dollar values per degree. |
|
|
|
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Iowa........ |
80% of |
$135.80 to |
$1,042.08 |
184 |
In proportion |
|
|
|
worker's |
$144.74 |
|
to scheduled |
|
|
|
spendable |
according to |
|
injuries or in |
|
|
|
earnings |
marital status |
|
proportion to |
|
|
|
|
and number of |
|
losses of the |
|
|
|
|
dependents. |
|
whole man based |
|
|
|
|
on a maximum of |
|
|
|
|
500 weeks. |
|
|
|
|
|
| Kansas...... |
66 2/3 |
$25 |
$440.00 |
75 |
415 weeks |
Total amount payable |
|
|
|
is $100,000 for a |
|
|
|
work disability |
|
|
|
and $50,000 for a |
|
|
|
functional dis- |
|
|
|
ability. WC |
|
|
|
benefits subject |
|
|
|
to UI and Social |
|
|
|
Security benefit |
|
|
|
offsets. |
|
|
|
|
| Kentucky.... |
66 2/3 |
Payable, but not |
$588.43 |
75 |
425 weeks/ 520 |
(Benefits represent |
|
|
|
statutorily |
|
weeks if disability |
unscheduled injuries |
|
|
|
prescribed. |
|
exceeds 50%. |
only.) WC benefits |
|
|
|
terminate when em- |
|
|
|
ployee qualifies for |
|
|
|
Social Security |
|
|
|
benefits. |
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Louisiana... |
66 2/3 |
-------------- |
$429.00 |
75 |
520 weeks |
Additional benefits |
|
|
|
of $30,000 for cata- |
|
|
|
stropic injuries, |
|
|
|
payable 1 year after |
|
|
|
injury. |
|
|
|
|
| Maine....... |
80% of |
-------------- |
$506.42 |
90 |
364 weeks; however, |
|
|
|
worker's |
|
duration of disability if |
|
|
|
after tax |
|
impairment is in excess |
|
|
|
earnings |
|
of 11.8% to the body
for |
|
|
|
|
dates of injury from 1/1/93 |
|
|
|
|
to 12/31/01 and 13.2% |
|
|
|
|
for dates of injury on or |
|
|
|
|
after 1/1/02. |
|
|
|
|
|
| Maryland.... |
66 2/3 |
$50 or actual |
$555.00 |
75 |
Duration of |
|
|
|
|
wage if less. |
(serious |
|
disability |
|
|
|
|
cases-250 |
|
|
|
|
weeks or |
|
|
|
|
more) |
|
|
|
|
$247.00 |
33 1/3 |
|
|
|
|
(non-serious |
|
|
|
|
cases-75 to |
|
|
|
|
249 weeks) |
|
|
|
|
$114 (minor |
|
|
|
|
non-serious |
|
|
|
|
cases-1 to |
|
|
|
|
74 weeks) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Massachusetts |
(60% of |
Payable, but |
$661.93 |
75 |
260 weeks |
Total number of |
|
|
the dif- |
not statutorily |
|
weeks may be extend- |
|
|
ference |
prescribed. |
|
ed to 520 if it is |
|
|
between |
|
found that the em- |
|
|
employee's |
|
ployee has suffered |
|
|
AWW before |
|
a permanent loss of |
|
|
injury and |
|
75% or more of |
|
|
AWW after |
|
bodily function or |
|
|
injury) |
|
sense. Bulk sums |
|
|
|
allowed for |
|
|
|
scheduled losses |
|
|
|
depending on extent |
|
|
|
of loss. Additional |
|
|
|
$6 will be added per |
|
|
|
dependent, if weekly |
|
|
|
benefits are below |
|
|
|
$150. WC benefits |
|
|
|
subject to reduction |
|
|
|
by UI and Social |
|
|
|
Security benefits. |
|
|
|
|
| Michigan.... |
80% of |
$186.12 - 25% |
$671.00 |
90 |
Duration of |
WC benefits subject |
|
|
worker's |
of SAWW for |
|
disability |
to reduction by UI. |
|
|
spendable |
scheduled |
|
|
|
earnings |
injury only. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
|
|
|
TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
|
|
|
|
IN THE U.S. (cont.) |
|
|
| SAWW - State's Average Weekly Wage |
|
|
|
|
|
| |
|
|
|
|
|
|
|
Percentage Payments Per Week |
|
Maximum Period |
|
|
|
of Worker's |
|
Percentage |
For Unscheduled |
|
|
| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
|
| |
|
|
|
|
|
|
|
|
|
| Minnesota... |
66 2/3 |
If paid weekly, |
$750.00 |
N/A |
------------ |
The percentage of |
|
|
|
$130 or actual wage |
|
disability to the body is set |
|
|
|
if less. |
|
out in permanent partial |
|
|
|
disability schedule rules. |
|
|
|
The percentage is applied to |
|
|
|
a compensation table to |
|
|
|
determine the benefit |
|
|
|
amount. PPD is paid |
|
|
|
after TTD ends. It |
|
|
|
may be paid out in |
|
|
|
weekly amounts |
|
|
|
(based on wage rate) |
|
|
|
or in a lump sum. |
|
|
|
|
| Mississippi. |
66 2/3 |
---------------- |
$341.11 |
66 2/3 |
450 weeks |
Total amount payable |
|
|
|
is $153,499.50 |
|
|
|
|
| Missouri.... |
66 2/3 |
$40 |
$347.05 |
55 |
400 weeks |
|
|
|
|
|
| Montana..... |
66 2/3 |
Payable but not |
$243.50 |
50 |
375 weeks |
|
|
|
7/ |
statutorily |
|
|
|
|
prescribed. |
|
|
|
|
|
| Nebraska.... |
66 2/3 |
$49 or actual |
$562.00 |
100 |
300 weeks |
If partial disa- |
|
|
|
wage if less |
|
bility begins after |
|
|
|
for scheduled |
|
a period of total |
|
|
|
injuries. |
|
disability, the |
|
|
|
period of total |
|
|
|
disability will be |
|
|
|
deducted from the |
|
|
|
300-week limit for |
|
| |
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PPD. |
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| 7/Montana:
Section 39-71-703--Wage loss benefits are determined by multiplying
the percentage of impairment, age, education, restrictions and wage loss by
375 weeks |
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| not to
exceed a permanent partial disability rating of 100 percent. |
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TABLE 8. BENEFITS FOR PERMANENT PARTIAL DISABILITY
PROVIDED BY WORKERS' COMPENSATION STATUTES |
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IN THE U.S. (cont.) |
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| SAWW - State's Average Weekly Wage |
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Percentage Payments Per Week |
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Maximum Period |
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of Worker's |
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Percentage |
For Unscheduled |
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| Jurisdiction |
Wage |
Minimum |
Maximum |
of SAWW |
Injury |
Notes |
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| Nevada...... |
------- |
Payable, but not |
$633.08 |
150 |
Duration of |
The % of disability |
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statutorily |
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disability |
is determined by the |
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prescribed. |
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Commission using AMA |
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guides. Each 1% of |
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impairment of the |
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whole man is compen- |
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sated by a monthly |
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payment of 0.6% of |
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the claimant's |
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average monthly wage |
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for 5 years or until |
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the 70th birthday of |
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the claimant, which- |
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ever is later. |
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However, if the injured |
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employee's date of |
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injury occurred prior |
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