2019 Analysis of Workers' Compensation Laws - 66

Chart VII-Income Benefits ($) for Scheduled Injuries1, cont.

Notes
1.
Amounts in chart reflect maximum potential
entitlement. In Canada, permanent physical impairments
generally are compensated by degree of disability using
medical rating schedules as guidelines.
2.
Alabama-Maximum weekly PP benefit is lesser of
$220 or 100% state AWW. Compensation is allowed for
both temporary disabilities and PP scheduled injuries, but
not at the same time.

Arizona-Benefits based on $4,062.29 wage. Total
loss payable at 55% of $4,062.29 (monthly payment of
$2,234.26).
3.

4.
Arkansas-Maximum PPD rate is 75% of maximum
total disability rate ($521 effective 1/1/19 to 12/31/19).
5.
Arkansas-Entire/whole member (of body) receives
TT, not PP, rate.

California-Estimates are based on summary
ratings using the AMA Guides and include maximum
adjustments for diminished future earnings capacity,
occupation, age, and no valid offer of return to work.
For the maximum permanent partial disability benefit
schedule, see Labor Code §4453(b) (6-7).
6.

7.
California-Estimates exclude PPD life pension
benefits, which are adjusted annually for changes in
California's state AWW. PPD life pension would apply
for loss of arm at shoulder, hand, leg at hip, and hearing
in both ears. Senate Bill 863 established a Return to
Work Fund for workers whose PD benefits are low
compared to their lost wages. This $120 million fund is
administered by the Department of Industrial Relations,
and regulations are being developed that will establish
criteria for requesting these funds. This benefit only
applies to injuries on or after 1/1/13.

California-Amount for "foot" assumes loss of foot
at ankle. Amount for "other toes" assumes loss of all
except the great toe. Amount for "one" eye assumes
enucleation and 20/20 vision in the opposite eye. Amount
for "hearing one ear" assumes normal hearing in the
other ear.
8.

Colorado-Effective 7/1/18, the compensation rate for
scheduled injuries is $310.00 per week. Each succeeding
7/1, the compensation rate is modified for injuries arising
on and after such date by the same percentage increase
or decrease as the state AWW. When an injury results
in total loss (or loss of use) of an arm at the shoulder, a
forearm at the elbow, a hand at the wrist, a leg at the hip,
or so near as to preclude use of an artificial limb, loss
of a leg at or above the knee where the stump remains
sufficient to permit the use of an artificial limb, a foot at
the ankle, an eye, or a combination of any such losses,
benefits shall be calculated as medical (or whole person)
impairment. Medical impairment benefits are calculated
by multiplying medical impairment rating by an age factor
set forth in statute times 400 weeks and multiplied by TT
rate.
9.

10.
Connecticut-Commission may award additional
benefits based on loss of earnings.
11.
District of Columbia-Figures represent a 25%
reduction of the stated period of weeks listed in the act
for injuries occurring on or after 4/16/99.

Florida-Sliding scale of weeks depending upon
impairment rating. Injured workers not receiving
wages equal to or greater than pre-injury wage are
compensated at 75% of previous wage. Those employed
at pre-injury wage are compensated at half that value.
12.

Georgia-Permanent partial disability benefits are
based on percentage of disability times weeks allowed
times temporary total disability rate. Maximum weeks
allowed as follows: Arm-225; hand-160; thumb-60;
first finger-40; second finger-35; third finger-30;
fourth finger-25; leg-225; foot-135; great toe-30;
other toes-20; one eye-150; one ear-5; both ears-
150 (traumatic hearing loss). For example, a 10% rating
to the arm (upper extremity) would be worth 22.5 weeks
of benefits.
13.

14.
Hawaii-In cases in which disability is determined
as a percentage of total loss or impairment of physical
or mental function of the whole person, maximum
compensation is the corresponding percentage of 312
times 100% state AWW.
15.
Hawaii-Figure represents benefit for loss of vision.
For loss of an eye by enucleation, benefit is $143,840.
16.
Idaho-Fixed weekly PP benefit is 55% of the AWSW
for year in which injury occurred.

Illinois-For PP benefits, wage replacement is 60%.
Figures reflect benefits for amputation of a body member
and enucleation of an eye-maximum is 1331/3% of state
AWW ($1,506.81). For other PP benefits, maximum is
$813.87 effective 1/15/19-7/14/19. When the injury results
in the amputation of the arm below the elbow, it shall
be counted as a complete loss of the arm. Amputation
of the arm close to the shoulder results in an additional
70 weeks of compensation. The calculated value of
the arm does not include this additional compensation.
When an injury results in the amputation of the leg
below the knee, the injury shall be compensated as a
loss of the leg. Amputation of the leg at the hip joint
results in an additional 81 weeks of compensation.
The calculated value of the leg does not include this
additional compensation. Enucleation of the eye will
be compensated with an additional 11 weeks. This
calculated amount does not assume the enucleation of
the eye.
17.

18.
Illinois-Figures for hearing loss reflect the
maximum amount of compensation under the Illinois
Workers' Compensation Act. Under the Illinois Workers'
Occupational Diseases Act, hearing loss of one ear
is awarded 100 weeks of compensation for complete
hearing loss ($77,518).
19.
Maryland-For awards for a period less than 75
weeks for events occurring on or after 1/1/00, but before
1/1/09, compensation is to be paid at the rate of 331/3%
of the employee's AWW, not to exceed $114. The minor
disability category does not apply to certain public safety
employees. See LE 9-628(a).

For awards for a period less than 75 weeks for
events occurring on or after 1/1/09, but before 1/1/10,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 14.3% of the state AWW
or $130. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/10, but before 1/1/11,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 15.4% of the state AWW
or $142. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/11, but before 1/1/12,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $157. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/12, but before 1/1/13,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $162. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/13, but before 1/1/14,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $166. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/14, but before 1/1/15,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW

66 | 2019 Analysis of Workers' Compensation Laws

or $167. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/15, but before 1/1/16,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $168. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/16, but before 1/1/17,
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $172. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period equal to or greater than 75
weeks, but less than 250 weeks, for events occurring on
or after 1/1/16, but before 1/1/17, the compensation is
to be paid at two-thirds of the employee's AWW, not to
exceed one-third of the state AWW or $343.
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/17 but before 1/1/18,
the compensation is to be paid at the rate of 331/3% of
the employee's AWW or $176.00. The minor disability
category does not apply to certain public safety
employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/18 but before 1/1/19, the
compensation is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $183. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period of less than 75 weeks for
events occurring on or after 1/1/19 but before 1/1/20, the
compensations is to be paid at the rate of 331/3% of the
employee's AWW, not to exceed 16.7% of the state AWW
or $187. The minor disability category does not apply to
certain public safety employees. See LE 9-628(a).
For awards for a period equal to or greater than 75
weeks, but less than 250 weeks, for events occurring on
or after 1/1/18 but before 1/1/19, the compensations is
to be paid at two-thirds of the employee's AWW, not to
exceed one-third of the state AWW or $365.
For awards for a period equal to or greater than 75
weeks, but less than 250 weeks, for events occurring on
or after 1/1/19 but before 1/1/20, the compensations is
to be paid at two-thirds of the employee's AWW, not to
exceed one-third of the state AWW or $372.
20.
Minnesota-PP disability equals scheduled dollar
amount ($75,000 to $515,000) times percentage of wholebody disability. Concurrent payment of PP disability and
temporary partial benefits allowed.
21.
Missouri-Maximum compensation rate for
permanent partial disability for injuries occurring on
7/1/17 through 6/30/19 is $496.38 [55% of state AWW].
Minimum is $40 per week. If amputation or 100% loss
of use occurs, an additional 10% in compensation is
payable. Benefits are set at the rate in force on the date
of injury.
22.
Montana-Maximum partial disability benefit is 50%
of state AWW.
23.
Nebraska-Terms run consecutively for loss of, or
loss of use of, more than one body member but less
than total disability. As of 1/1/08, if, in the compensation
court's 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.
2019 Analysis of Workers' Compensation Laws

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