2020 Analysis of Workers' Compensation Laws - 61

Chart VI-Income Benefits for Total Disability, cont.
Maximum Weekly
Payment

Minimum Weekly
Payment

Automatic
Cost-ofLiving
Increase

Percentage
of Wages

Amount
($)1

Rate
(%)2

Amount
($)1

Offsets

Notations

Washington

60 to 75
(depending on
marital status
and number
of children)

1,506.95

120 state
average
monthly
wage
(SAMW)

Amount is
affected
by marital
status,
number of
dependents,
and
worker's
gross
wages.50

15 SAMW
for date of
injury after
7/1/0850

 

 

Annually on
7/1

Social Security

Annual increase in
maximum effective 7/1.
Benefits payable monthly
and are 60% of wages,
with an additional 5% for
spouse and 2% per child
up to five.

West
Virginia

662/3

865.11

100

193.33

331/3
(subject
to federal
minimum
weekly
wage)

TT-104
weeks
PT-until age
7051

 

 

If a claimant is
receiving benefits
paid through
a retirement
plan, wage
replacement
plan, salary
continuation plan
or other benefit
plan provided
by the employer
to which the
employee has
not contributed,
and that plan
does not provide
an offset for
PTD benefits, an
offset is possible.

Annual adjustment in
maximum and minimum
effective 7/1. All but TP/TT
payable monthly.52

Wisconsin

662/3

1,051

110

20

 

TT-disability
PT-life

 

 

Social Security

10% penalty assessed on
payments unreasonably
delayed. Adjusted up
or down by 15% (up to
$15,000) for failure to use
safety device or obey code
or order. Employer, insurer,
or both may be assessed
penalty up to double
amount of compensation
(up to $30,000) for
bad-faith failure to make
payments. 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.

Wyoming

662/3 or state
average
monthly wage

53

53

53

53

TT-24
months
PT-life54

 

PT not to
exceed 3%

 

Quarterly adjustments
in maximum effective
1/1, 4/1, 7/1, and 10/1.
Benefits paid monthly.

American
Samoa

662/3 AWW

 

 

 

TP-
disability, up
to five years

 

 

 

 

Jurisdiction

Rate (%)2 Time Limit

Amount
Limit ($)

2020 Analysis of Workers' Compensation Laws | 61



2020 Analysis of Workers' Compensation Laws

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