2019 Analysis of Workers' Compensation Laws - 67

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

Notes, cont.
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).

New Hampshire-If injury results in more than one
specified body part or is to the spinal column or spinal
cord, is 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
$1,582.50 times the number of weeks specified.
26.

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.

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
1/1/18, maximum weekly payment is $796.77.
28.

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.

Oklahoma-The PP rate is 70% of the employee's
AWW, not to exceed $323, 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.
32.

33.
Oregon-Dollar amounts are for injuries occurring on
or after 7/1/18 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
1,007.05) 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.
Rhode Island-Maximum scheduled PP benefit is
50% 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%
of injured worker's AWW. Awards are based on degree
of impairment, as determined by AMA Guides, 6th edition.
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.

Utah-Maximum per week, including allowance for
dependents, is 662/3% of state AWW. Presumes total loss
of hearing in one ear and no loss of hearing in the other
(541/2 weeks).
37.

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.
Washington-$49,316.34 loss by enucleation;
$41,097.00 loss of central visual acuity.
41.
West Virginia-For injuries after 7/1/03, maximum
weekly benefit is 70% state AWW.
42.
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.
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.

Virgin Islands-PP benefit is 662/3% of state AWW.
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.
45.

46.
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 2019 maximum
Noneconomic Loss Payment is $92,959.81 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.
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.
British Columbia-0.5% with additional and 0.5% with
metatarsal. Little toe with metatarsal is 2%.
49.
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 2019 accident date. The impairment award is based
on the worker's degree of impairment and legislative
amounts.

2019 Analysis of Workers' Compensation Laws | 67

50.
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 21/2% 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.
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
AWW. Additional healing period up to 15 weeks may be
allowed for amputations only. Number of weeks shown
multiplied by .6667 of AWW subject to maximum weekly
benefit and maximum functional cap of $75,000.
54.
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 662/3% 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 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 applies to amputation or
disability greater than 25%. 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 TT
disability (unless paid for 13 consecutive weeks during
that time).
56.
Louisiana-Arm-200 weeks; hand-150 weeks;
thumb-50 weeks; first finger-30 weeks; second, third,
and fourth fingers-20 weeks; leg-175 weeks; one
eye-100 weeks; both ears permanent hearing loss-100
weeks.
57.
Michigan-Hearing loss compensable based on lost
earnings.
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