USCC Workers Comp 2023 - 70

Chart VII-Income Benefits ($) for Scheduled Injuries1
Notes, cont.
discretion, compensation benefits payable for a loss or loss
of use of more than one member or parts of more than one
member, resulting from the same accident or illness, do
not adequately compensate the employee for such loss or
loss of use and such loss or loss of use results in at least a
30% loss of earning capacity, the compensation court shall,
upon request of the employee, determine the employee's
loss of earning capacity consistent with the process for
determining loss of earning capacity, and in such a case
the employee shall not be entitled to compensation under
the schedule.
24.
Nebraska-PT loss of hearing is compensated as PT
disability.
25.
Nevada-Some PT loss receives 100% of TT benefit
until death. There is also a schedule for the loss or
permanent damage of teeth (NAC 616C.508).
26.
/2
weeks).
, cont.
of hearing in one ear and no loss of hearing in the other
(541
38.
Virginia-Benefits for scheduled injuries payable in
addition to compensation for temporary disability, subject
to a 500-week maximum for aggregate of temporary
disability and scheduled loss. TT disability payments
continue until claimant is released to return to work, at
which time award for scheduled loss may be entered
and paid simultaneously with payment of TP benefits.
Scheduled loss benefit amounts shown are for workers at
maximum compensation rate.
39.
Washington-Amounts are adjusted annually on 7/1
to reflect percentage changes in CPI. All scheduled injury
benefits reported are the amputation or total loss values
for scheduled injuries.
40.
New Hampshire-If injury results in more than one
specified body part or is to the spinal column or spinal
cord, to the brain, or involves scarring, disfigurement, or
other skin impairment resulting from a burn or burns, an
award shall be made to the whole person using 350 weeks
as the maximum. Maximum weekly payment is $1,629 times
the number of weeks specified.
27.
New Jersey-There is an additional payment of 30%
of award where there has been amputation of a major
body member (arm, hand, leg, or foot). Compensation is
payable weekly at 70% of pre-injury weekly wages, up to a
maximum of 55% of state AWW for arm or leg, 45% of state
AWW for hand, 40% of state AWW for foot or one eye, 35%
of state AWW for hearing (both ears), 20% of state AWW
for other scheduled injuries in chart.
28.
New Mexico-Benefits are a percentage of the
compensation rate times the number of weeks specified
for each injury in the statute schedule §52-1-43. Effective
1/1/21, maximum weekly payment is $883.06.
29.
North Carolina-For unscheduled injuries, maximum
compensation is $20,000.
30.
North Dakota-PP impairment benefit is 35% of state
AWW for a scheduled number of weeks. Impairments are
paid as a lump sum and are not based on any disability of
injured worker.
31.
Ohio-Maximum weekly PP benefit is 331
/3
% of state
AWW, payable for a maximum of 200 weeks at a rate of two
weeks for each percentage of the PP percentage.
32.
Oklahoma-The PP rate is 70% of the employee's
AWW, not to exceed $350, multiplied by the number of
weeks specified by law in 85A O.S §46(A). Benefit amounts
shown are for workers at the maximum compensation rate.
33.
West Virginia-For injuries after 7/1/03, maximum
weekly benefit is 70% state AWW.
42.
date. The impairment award is based on the worker's
degree of impairment and legislative amounts.
50.
/2
Indiana-For injuries occurring after 7/1/07. Amounts
provided are for loss of use; loss by separation results in
a doubled award. Indiana can conduct an assessment of
up to 21
% any time the fund drops below $1 million on or
before 11/1. Effective after 6/30/07, PP based on degree of
injury: 110, $1,340; 1135, $1,545; 3650, $2,475; 51100, $3,150.
Impairment awards subject to child support withholding.
51.
Indiana-Figures reflect range from fifth to second toe
based on degree calculations.
52.
Washington-$51,413.43 loss by enucleation; $42,844.56
loss of central visual acuity.
41.
Wisconsin-Effective 1/1/17, maximum weekly PPD
benefit is $362. Individual can receive both TTD and PPD
benefits, but not concurrently. For injuries on or after
3/2/16, no recovery of indemnity or death benefits when
an employee violates the employer's drug and/or alcohol
policy and where there is direct causation between the
violation and the workplace injury.
43.
New York-Number of weeks shown multiplied by
two-thirds of the AWW subject to $400 maximum for
accidents and disabilities before 7/1/07; $500 maximum
for accidents and disabilities on and after 7/1/07; $550
maximum for accidents and disabilities on and after 7/1/08;
$600 maximum for accidents and disabilities on and after
7/1/09; two-thirds of the New York state AWW for accidents
and disabilities on and after 7/1/10; adjusted on each 7/1
thereafter to remain at two-thirds of the New York state
AWW. Additional compensation due to loss of 50% or more
of member applies only to loss of arm, leg, hand, or foot,
and only if impairment of earning is due solely to such loss.
53.
Kansas-Maximum weekly PP benefit is 75% of state
Wisconsin-Chart reflects benefits for loss from
accident or sudden trauma. Under occupational deafness
provision, maximum PPD is 36 weeks for loss of one ear
and 216 weeks for loss of both ears. For injuries on or after
3/2/16, no recovery of indemnity or death benefits when
an employee violates the employer's drug and/or alcohol
policy and where there is direct causation between the
violation and the workplace injury.
44.
American Samoa-Benefits in weeks of AWW.
45. Virgin Islands-PP benefit is 662 % of state AWW.
/3
For loss of two or more digits or one or more phalanges
of two or more digits on a hand or foot, benefits may be
proportioned to loss of use of the hand or foot.
46.
AWW. Additional healing period up to 15 weeks may be
allowed for amputations only. Number of weeks shown
multiplied by 0.6667 of AWW subject to maximum weekly
benefit and maximum functional cap of $75,000.
54.
/3
Kentucky-For injuries occurring on or after 7/14/18,
degree of disability is determined by AMA Guides. Benefits
for PP disability benefits are calculated by multiplying
662
% of the employee's pre-injury AWW (not to exceed
82.5% of state AWW) times permanent disability rating. The
multiplying factors are specifically set out by statute, and
the factor used is based on the AMA functional impairment
rating. The benefit may not exceed 99% of 662
/3
% of
Oregon-Dollar amounts are for injuries occurring on
or after 7/1/20 and are for impairment only. If worker has
not been released and has not returned to regular work,
worker will receive additional award for work disability.
Impairment is 100 times the state AWW (currently
$1,044.40) times the impairment value. Work disability
is the impairment value, as modified by the factors of
age, education, and adaptability to perform a given job
(maximum of 142%), multiplied by 150 times the worker's
weekly wage (wage factor may not be more than 133% or
less than 50% of state AWW).
34.
of AWW. $180 weekly; minimum $90.
35.
Tennessee-Scheduled members are categorized
by weeks, with body as a whole at 400 weeks. Figures
are based on maximum weekly benefit, which is 100% of
state AWW. Individual awards would be based on 662
/3
Rhode Island-Maximum scheduled PP benefit is 50%
Alberta-Alberta changed to a dual award
compensation system for permanent disabilities on 1/1/95.
The Noneconomic Loss Payment is a scheduled benefit,
based on the whole-body percentage of permanent
clinical impairment. The 2023 maximum Noneconomic
Loss Payment is $102,100 for 100% permanent clinical
impairment. Wage-loss benefits (Economic Loss Payment)
are paid only when the compensable injury results in work
restrictions that impair the workers' earning capacity.
Earnings are insured to a maximum of $98,700 gross
earnings. Wage-loss benefits are 90% of net earnings,
calculated in accordance with the Alberta Workers'
Compensation Act and regulations, or a proportionate
part thereof, according to the loss of earning capacity
attributable to the compensable injury. Economic Loss
Payments for loss of earning capacity are paid for as
long as the loss continues and are adjusted annually for
cost of living. At retirement age (65 or later, depending on
individual circumstances), the Economic Loss Payment is
adjusted using a formula similar to a standard employment
pension plan calculation, and the adjusted amount is paid
for the rest of the worker's lifetime.
47.
%
of injured worker's AWW. Awards are based on degree of
impairment, as determined by AMA Guides, 6th edition, with
a minimum of 180 days.
36.
Texas-For injuries occurring on or after 1/1/91, there
is no schedule of benefits. PP benefits paid according to
degree of whole body impairment and loss of earnings.
37.
Utah-Maximum per week, including allowance for
dependents, is 662
/3% of state AWW. Presumes total loss
British Columbia-Percentages are applied to 90%
of net average monthly earnings, with resulting amount
payable monthly until retirement age and adjusted by CPI
minus 1% annually on 1/1. Additional percentages may
apply for bilateral impairment and age adaptability.
48.
employee's AWW or 82.5% of state AWW, whichever is
lower. When an employee lacks the physical capacity to
return to the type of work performed at the time of the
injury, the maximum benefit may increase to 110% of state
AWW. For injuries subsequent to 7/14/02, if employee does
not retain the physical capacity to return to the type of
work performed at the time of injury, employee is entitled to
three times the benefit to which he or she would otherwise
be entitled. Additional factors may come into play based
on the employee's age and education level. In addition, if
an employee returns to work at the same or greater wage,
during any period of cessation of this work for any reason,
employee is entitled to two times the benefit to which
he or she would otherwise be entitled. Hearing loss for
dates on or after 12/12/96 require at least a finding of 8%
functional impairment (AMA Guides) in order to be found to
be compensable.
55.
Louisiana-Schedule losses are pursuant to the statute
L.S.A. R.S. 23:1221. As established in the most recent
edition of the American Medical Association's Guide to
the Evaluation of Permanent Impairment. Supplemental
earnings benefits equal 662
/3
% of the difference between
AWW (four weeks prior to injury) and post-injury earnings
subject to maximum earned while disabled. Supplemental
earnings benefits are available to those who earn less than
90% of pre-injury wages, maximum 520 weeks, ceasing two
years after termination of TTD disability (unless paid for 13
consecutive weeks during that time).
56.
Louisiana-Schedule based on 662
British Columbia-0.5% with additional and 0.5% with
metatarsal. Little toe with metatarsal is 2%.
49.
/3
% of wages for
number of weeks. Both ears permanent hearing loss-100
weeks.
57.
Manitoba-Dual award system in 1992. Separate
benefits are paid to workers for permanent impairment and
loss of earnings. The first line shows degree of impairment;
the second line shows level of impairment benefit. The
level of the impairment award is based on a 2023 accident
70 | 2023 Analysis of Workers' Compensation Laws
Michigan - The compensation rate for scheduled
injuries is 80% of employee AWW, subject to maximum and
minimum rates of compensation. The maximum weekly PP
benefit is 90% of state AWW (minimum is established at
25% of this rate).
58.
Michigan-Hearing loss compensable based on lost
earnings.
USCC Workers Comp 2023

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