2020 Analysis of Workers' Compensation Laws - 64

Chart VI-Income Benefits for Total Disability, cont.

Notes
1.
Amounts are in Canadian dollars for all Canadian
provinces and territories.
2.

State AWW, unless noted.

Actual wage less Social Security and income tax
deduction.
3.

Alabama-Compensation may be increased up to 15%
for failure to pay within 30 days after due. Disqualification
may occur if impairment by illegal drugs caused
accident. A drug test may be performed after accident.
No compensation awarded if employee refuses to submit
to drug test.
4.

Alaska-$110 without wage documents; $276 with
documents or spendable weekly earnings if 80% of
spendable weekly wages is less than $276.
5.

6.
California-U.S. Department of Labor first-quarter
state AWW determines minimum and maximum TD rates
effective 1/1 of the next year.
7.
California-Time limit for TD is limited to 104 weeks
within a period of five years from the date of injury for
most injuries. Limited exceptions for specified injuries
and conditions are extended to 240 weeks.
8.
Colorado-TT payments cease when claimant
reaches MMI, is released or returns to work, or as
otherwise defined by statute and rule.
9.

Connecticut-75% of AWW if less.

10.
Florida-If employee refuses to take a drug test,
it is presumed that drug use caused the accident.
Except when statutorily PTD, employee may be entitled
to increased TTD 80% of AWW, not to extend beyond
six months from date of accident when employee has
sustained the loss of an arm, leg, hand, or foot, has
been rendered a paraplegic, paraparetic, quadriplegic,
quadriparetic, or has lost the sight of both eyes.
Combined weekly payable may not exceed maximum
weekly compensation rate in effect at time of payment.
11.
Georgia-If AWW is less than $50, the benefit will
be equal to the AWW. Income payable without award
increased 15% if not paid within 21 days of becoming
due, unless claim is controverted or board excuses.
Awarded benefits increased 20% if not paid within
20 days unless appealed. No compensation payable
if employee was intoxicated or under influence of
controlled substance. Blood alcohol reading of 0.08
within three hours of accident or confirmation of
controlled substance use within eight hours of accident
creates rebuttable presumption that it was the proximate
cause of accident.

Idaho-Additional weekly benefits were paid for
dependent children for accidents that occurred prior to
7/1/91.
12.

13.
Illinois-Minimum TTD rate and PPD rate if not
amputation of a body member or enucleation of an eye
is $220 if unmarried and no dependents, with a maximum
of $330 if four or more dependents. In all cases, claimant
receives rate based on actual wages if less than
statutory maximum.

Indiana-Award increased 5% to 10% if employer
loses on court appeal.
14.

15.
Iowa-Elected or appointed officials may choose to
have their compensation based on their weekly earnings
or receive compensation equal to 140% of state AWW.
16.
Iowa-Minimum weekly benefit amount for PP, PT, or
death is 35% of state AWW.
17.

Kentucky-80% of AWW during rehabilitation.

Louisiana-TT payable until physical condition
of the claimant has resolved itself to the point that a
reasonable, reliable determination of extent of the
disability of claimant may be made and claimant's
physical condition has improved to the point that
continued, regular treatment by a physician is not
required.
18.

19.
Massachusetts-Maximum limited by weeks of
eligibility rather than dollar amounts.
20.
Massachusetts-If no benefits are paid prior to final
decision of claim, award is based on benefits in effect
at time of decision instead of date of injury. Eligibility
for supplementary benefits after 24 months, calculated
on 10/1, equal to base benefit times percent increase in
state AWW over state AWW at time of injury.
21.
Michigan-PT up to 800 weeks from injury, thereafter
determined in accordance with facts.
22.
Michigan-Benefits reduced if eligible for Social
Security and benefits are not being coordinated.
23.

Minnesota-Employee's AWW if less.

24.

Minnesota-With exception for approved retraining.

25.
Minnesota-Different provisions apply to injuries
prior to 10/1/95. For injuries occurring on or after 10/1/13,
no adjustment increase shall exceed 3% a year. If the
adjustment under the formula of this section would
exceed 3%, the increase shall be 3%. No adjustment
under this section shall be less than 0%.

Mississippi-Lump sum awarded in special cases,
equal to present value of future payments.
26.

27.

Mississippi-Except in cases of partial disability.

Missouri-Compensation increased 15% if the
injury is caused by the employer's failure to comply
with any Missouri statute or order of the Division of
Workers' Compensation or the Labor and Industrial
Relations Commission. Compensation decreased by
25% to 50% if the injury is caused by the failure of
the employee to use safety devices provided by the
employer, or from the employee's failure to obey any
reasonable rule adopted by the employer for the safety
of employees. Compensation decreased by 50% if the
injury was sustained in conjunction with the use of
alcohol or nonprescribed controlled drugs in violation
of employer's rule or policy prohibiting their use in
the workplace. Compensation is forfeited if the use of
alcohol or nonprescribed controlled drugs in violation
of the employer's rule or policy is the proximate cause
of the injury. Compensation is forfeited if the employee
refuses to take a test for alcohol or a nonprescribed
controlled substance if the employer had sufficient cause
to suspect use of alcohol or a nonprescribed controlled
substance by the employee, or if the employer's policy
clearly authorizes post-injury testing.
28.

29.
Nebraska-Injuries caused by employee's
intoxication or willful negligence are not compensable,
unless covered by willful and unprovoked physical
aggression by a co-employee, officer, or director. Lumpsum settlements may be discounted to present value
upon the basis of interest calculated at 5% per annum
with annual rests.
30.
Nevada-Injuries caused by the employee's willful
intention to injure himself or herself or another or
proximately caused by the employee's intoxication or
use of a nonprescribed controlled substance are not
compensable. The intoxication/controlled substance
is presumed to be the proximate cause, but the injured
worker has the burden of rebutting the presumption.
NRS 616C.230.
31.
Nevada-The date of a person's injury established
all benefits, including his or her average monthly wage
(the Nevada Legislature, on occasion, has provided an
increase in benefits for permanent total disability; see
NRS 616C.453 et seq.). So, the injured worker's date of
injury determines the maximum temporary total disability
award he or she would receive throughout the life of his
or her claim.
32.
New Hampshire-Any claimant who holds two jobs
concurrently shall have his or her AWW computed from
the two salaries, but not to exceed 100% of after-tax
earnings.

64 | 2020 Analysis of Workers' Compensation Laws

33.
New Hampshire-If AWW is 30% or less of state
AWW, employee is compensated at a rate equal to his or
her AWW, but not to exceed 90% of employee's after-tax
earnings.
34.
New York-$500 effective for accidents and
disabilities occurring on and after 7/1/07; $550 effective
for accidents and disabilities occurring on and after
7/1/08; $600 effective for accidents and disabilities
occurring on and after 7/1/09; two-thirds of the New
York state AWW effective for accidents and disabilities
occurring on and after 7/1/10; adjusted each 7/1
thereafter to remain at two-thirds of the New York state
AWW.
35.
North Dakota-TP benefits in addition to TT benefits;
total seven years.
36.
North Dakota-Offset for retirement may not exceed
40% of weekly Social Security benefit. Offset for disability
may not exceed 50% of weekly Social Security benefit. If
eligible to receive supplemental benefits, claimant may
receive minimum of $599 per week.
37.
Ohio-Maximum PT rate is 662/3% of state AWW
unless claimant receives Social Security, which,
combined with PT, brings maximum up to 100% of the
state AWW.
38.
Ohio-After 200 weeks, claimant examined to
determine if disability is permanent. Claimant who
receives an initial award of 90 days' TT compensation
will be required to be examined by bureau to determine
continued eligibility for compensation, rehabilitation, and
medical treatment.
39.
Rhode Island-Total award (TT and payments to
dependents) may not exceed 80% of AWW.
40.
Rhode Island-No compensation for TP if worker is
earning pre-injury wages. Lump-sum benefits available
after benefits have been received for six months.
Dependency allowance may be increased if number of
dependents increases during time employee is receiving
weekly benefits. Medical review is required 26 weeks
from date of compensable injury.
41.
South Carolina-Person who is paraplegic,
quadriplegic, or has suffered brain damage shall receive
PT benefits for life. Commission may not order lump-sum
payment in such cases.
42.
Tennessee-Weekly rate applies to PP/PT; paid from
date injury is determined to be permanent. TT/TP benefits
raise cap on weekly compensation rates to 110% of state
AWW for TTD only.
43.
Texas-For injuries that occurred before 9/1/15, TTD
compensation ratio is 75% if earning less than $8.50 per
hour for first 26 weeks; 70% thereafter. For injuries that
occurred on or after 9/1/15, TTD compensation ratio is
75% if earning less than $10 per hour for first 26 weeks;
70% thereafter. PP compensation rate as follows: for
Impairment Income Benefits-70% and for Supplemental
Income Benefits-80% of the difference between 80% of
a claimant's pre- and post-injury wages.
44.
Texas-On and after 10/1/06, state AWW will be 88%
of AWW in covered employment as determined by the
Texas Workforce Commission. By rule, commissioner
may increase this percentage up to 100%.
45.
Texas-For life in cases of amputation or paralysis of
two limbs, loss of vision in both eyes, third-degree burns
over 40% of body and requiring skin grafts, or permanent
insanity or imbecility at rate of 75% of AWW. PT benefits
(lifetime income benefits) are increased 3% annually.
46.
Utah-For injuries before 7/1/94, PT owed after
312 weeks is payable from Employers' Reinsurance
Fund; minimum is 36% of state AWW adjusted annually.
Employers/carriers have lifetime responsibility for PT
occurring after 7/1/94.
47.
Utah-Compensation provided by Workers'
Compensation Act reduced 15% if injury caused by
willful failure of employee to use safety devices when

2020 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2020 Analysis of Workers' Compensation Laws