1/1/96–12/31/96 66⅔% of AWW $527.00 $263.50 or 90% of worker's AWW, whichever is less
1/1/97–12/31/97 66⅔% of AWW $542.00 $271.00 or 90% of worker's AWW, whichever is less
1/1/98–12/31/98 66⅔% of AWW $561.00 $280.50 or 90% of worker's AWW, whichever is less
1/1/99–12/31/99 66⅔% of AWW $588.00 $294.00 or 90% of worker's AWW, whichever is less
1/1/00–12/31/00 66⅔% of AWW $611.00 $305.50 or 90% of worker's AWW, whichever is less
1/1/01–12/31/01 66⅔% of AWW $644.00 $322.00 or 90% of worker's AWW, whichever is less
1/1/02–12/31/02 66⅔% of AWW $662.00 $331.00 or 90% of worker's AWW, whichever is less
1/1/03–12/31/03 66⅔% of AWW $675.00 $337.50 or 90% of worker's AWW, whichever is less
1/1/04–12/31/04 66⅔% of AWW $690.00 $345.00 or 90% of worker's AWW, whichever is less
1/1/05–12/31/05 66⅔% of AWW $716.00 $358.00 or 90% of worker's AWW, whichever is less
7/1/95–6/30/96 66⅔% of AWW $415.87 $68.40 7/1/96–6/30/97 66⅔% of AWW $453.14 $71.10 7/1/97–6/30/98 66⅔% of AWW $492.00 $73.80 7/1/98–6/30/99 66⅔% of AWW $515.00 $77.25 7/1/99–6/30/00 66⅔% of AWW $541.00 $81.15 7/1/00–6/30/01 66⅔% of AWW $562.00 $84.30 7/1/01–6/30/02 66⅔% of AWW $581.00 $87.15 7/1/02–6/30/03 66⅔% of AWW $599.00 $89.85 7/1/03–6/30/04 66⅔% of AWW $618.00 $92.70 7/1/04–6/30/05 66⅔% of AWW $638.00 $95.70 7/1/05–6/30/06 66⅔% of AWW $663.00 $99.45 9/1/95–8/31/96 70% of AWW $336.00 $72.00 9/1/96–8/31/97 70% of AWW $343.70 $74.00 9/1/97–8/31/98 70% of AWW $355.60 $76.00 9/1/98–8/31/99 70% of AWW $366.10 $78.00 9/1/99–8/31/00 70% of AWW $371.70 $80.00 9/1/00–8/31/01 70% of AWW $373.00 $80.00 9/1/01–8/31/02 70% of AWW $375.00 $80.00 9/1/02–8/31/03 70% of AWW $376.00 $81.00 9/1/03–8/31/04 70% of AWW $376.00 $81.00 9/1/04–8/31/05 70% of AWW $377.00 $81.00 9/1/05–8/31/06 70% of AWW $378.00 $81.00 1/1/96–12/31/96 66⅔% of AWW $169.00 $30.00 1/1/97–12/31/97 66⅔% of AWW $174.00 $30.00 1/1/98–12/31/98 66⅔% of AWW $179.00 $30.00 1/1/99–12/31/99 66⅔% of AWW $184.00 $30.00 1/1/00–12/31/00 66⅔% of AWW $184.00 $30.00 1/1/01–12/31/01 66⅔% of AWW $184.00 $30.00 1/1/02–12/31/02 66⅔% of AWW $212.00 $30.00 1/1/03–12/31/03 66⅔% of AWW $222.00 $30.00 1/1/04–12/31/04 66⅔% of AWW $232.00 $30.00 1/1/05–12/31/05 66⅔% of AWW $232.00 $30.00
Table 7 Maximum and Minimum Permanent Partial Disability Benefits, 1996–2005 (continued)
IL: PPD benefit rate is 60 percent of the AWW. If a worker suffers amputation or enucleation of an eye, maximum weekly benefits are 133⅓ percent of the SAWW. Minimum PPD benefits vary according to the number of dependents of the injured worker.
PA (see note)
TN
TX (see note)
FL: For injuries occurring prior to October 1, 2003, PPD benefits are paid at half the worker's temporary total disability (TTD) benefit; effective for injuries occurring on or after October 1, 2003, PPD benefits are paid at 75 percent of the worker's TTD benefit. For injuries occurring prior to October 1, 2003, a worker may receive a supplemental income benefit once permanent impairment benefits end. Three conditions must be met: (1) the worker's impairment rating must be at least 20 percent; (2) the worker must be unable to earn at least 80 percent of his or her preinjury AWW; and (3) the worker must make a good-faith effort to find suitable work. The supplemental income benefit is 80 percent of the difference between the worker's preinjury wage and his or her earning ability, and the benefit cannot exceed two-thirds of the preinjury AWW or the maximum TTD compensation rate. Eligibility for supplemental income benefits is reviewed regularly and terminates at 401 weeks from the date of injury. Senate Bill 50-A eliminated supplemental benefits for injuries occurring on or after October 1, 2003.
CA: For a disability rating of greater than 70 percent, worker receives a lifetime pension, an additional benefit paid for life. The benefit is 1.5 percent of the worker's AWW for each percentage point rating over 60 percent, up to the maximum earnings limit for the date of injury. PPD weekly payments, $140 a week through 2002, will increase to $230 a week in 2006. Legislation passed in April 2004 made a number of changes to permanent disability benefits, including increasing benefits paid to severely injured workers (70 percent rating or higher) by nearly doubling the number of weeks per rating point and reducing the benefits paid to workers with a rating of 15 percent or less by reducing the number of weeks per rating point.
AR: The weekly maximum is $154.00 if the worker's weekly temporary total disability (TTD) amount is less than $205.35 and 75 percent of the weekly TTD amount if the weekly TTD amount is $205.35 or more.
Notes:
Table 7 Maximum and Minimum Permanent Partial Disability Benefits, 1996–2005 (continued)
LA: Table entries are for scheduled benefits only. PPD benefits are reduced by the number of weeks of temporary total disability (TTD), permanent total disability, and temporary partial disability benefits paid. Additional PPD benefits (one-time payment of $30,000) paid for specified catastrophic injuries. Louisiana does not pay benefits for unscheduled permanent disability. Instead, the state pays supplemental earnings benefits (SEBs) to a worker unable to earn a wage equal to 90 percent of the preinjury wage. These benefits are paid at 66⅔ percent of the difference between the worker's average monthly wage (AMW) at the time of injury and the worker's current actual AMW or the AMW the worker is able to earn. SEBs are payable up to 520 weeks (including any TTD and PPD benefits already paid).
Sources: State statutes; Arkansas Workers' Compensation Commission; California Division of Workers' Compensation; Florida Division of Workers' Compensation; Illinois Workers' Compensation Commission; Indiana Worker's Compensation Board; Louisiana Office of Workers' Compensation Administration; Maryland Workers' Compensation Commission; Massachusetts Department of Industrial Accidents; Michigan Workers' Compensation Agency, North Carolina Industrial Commission; Pennsylvania Bureau of Workers' Compensation; Tennessee Workers' Compensation Division; Texas Division of Workers' Compensation; and Wisconsin Division of Worker's Compensation.
TX: PPD benefits in Texas are called impairment income benefits (IIBs). A worker may receive a supplemental income benefit (SIB) when IIBs end. Four conditions must be met: (1) the worker's impairment rating must be at least 15 percent; (2) the worker has not taken an advance payment of benefits due (commutation); (3) the worker has not returned to work or is unable to earn at least 80 percent of the preinjury weekly wage; and (4) the worker has made a good-faith effort to find suitable work. The SIB is calculated at 80 percent of the difference between 80 percent of the worker's average weekly wage and the worker's earnings over the reporting period and cannot exceed 70 percent of the SAWW. Eligibility for SIB terminates at 401 weeks after date of injury.
MA: Massachusetts does not pay benefits for unscheduled permanent disability. Instead, the state pays benefits for wage loss or loss of wage-earning capacity through partial disability benefits. These benefits are paid at 60 percent of the difference between a worker's preinjury and actual wages or earning capacity, but not more than 75 percent of what the worker would receive for total disability benefits if eligible, or two times the SAWW.
Key: AWW: average weekly wage (preinjury); na: not applicable; PPD: permanent partial disability; SAWW: statewide average weekly wage.
PA: Table entries are for scheduled benefits only. Scheduled benefits are called specific-loss benefits in Pennsylvania. There are two periods of payments under specific loss: for the healing period and for the specific loss itself. By statute, benefits are paid for the healing period before benefits are paid for the specific loss. The healing period ends when the worker returns to work at the preinjury wage or the period specified in the statute ends. Pennsylvania does not pay benefits for unscheduled permanent disability. Instead, the state pays benefits for wage loss or loss of wage-earning capacity through partial disability benefits. Those benefits are paid at 66⅔ percent of the difference between the preinjury and current actual or imputed wages, subject to the total disability maximum. If the benefit at the statutory rate is less than 50 percent of the SAWW, the benefit must be calculated using the lower of 50 percent of the SAWW or 90 percent of the worker's AWW. The minimum benefit column in the table lists the point at which benefits computed using the statutory rate are subject to recalculation.
WI: PPD benefits in Wisconsin are paid for a period of weeks (according to the worker's disability rating) as a percentage of 1,000 weeks. The statute prescribes monthly payments for permanent disability benefits.
MD: Maryland has adopted a three-tier system for scheduled PPD benefits. In general, for permanency awards of less than 75 weeks, the compensation rate equals one-third of the workers' AWW, up to a maximum set yearly. This "minor" disability rate does not apply to public safety employees or to injuries to fingers or the great toe. For awards of 75 up to 249 weeks, the benefit rate is two-thirds of the worker's AWW, not to exceed a maximum set annually (which is one-third of the SAWW). For awards of 250 weeks or more (a "serious" disability), the number of weeks of benefits is increased by one-third, and the compensation rate is two-thirds of the worker's AWW, not to exceed 75 percent of the SAWW. If an impairment is rated below 75 weeks, the rating may be based on the greater of either "industrial loss" or the American Medical Association Guides to the Evaluation of Permanent Impairment. PPD awards for unscheduled losses are based on industrial loss of use, expressed as a percentage of loss of use of the whole body (500 weeks). Factors considered in determining industrial loss of use include the nature of the physical disability and the age, experience, occupation, and training of the injured worker.
MI: Table entries are for scheduled benefits only. Scheduled benefits are called specific loss benefits in Michigan. The minimum benefit for specific loss benefits is 25 percent of the SAWW.
AR CA FL IL IN
Permanent physical impairment; determined when the worker returns to work or once MMI has been reached (see note).
Permanent disability rating under 100%; determined once condition is permanent and stationary (see note).
Permanent physical impairment; determined once MMI has been reached.
Permanent physical disability; determined once MMI has been reached.
Permanent physical impairment; determined once MMI has been reached.
LA MA MD MI NC
Wage loss, plus compensation for scheduled losses.
Wage loss, plus compensation for specific injuries (similar to scheduled losses in other jurisdictions).
Permanent physical impairment, determined once MMI has been reached (see note).
Wage loss, plus compensation for scheduled losses.
Permanent physical impairment; determined once MMI has been reached.
PA TN TX WI
Wage loss, plus scheduled losses (determined after healing period has ended; see note).
Vocational disability; determined once MMI has been reached.
Permanent physical impairment; determined once MMI has been reached.
Permanent physical impairment, once healing period has ended (see note).
AR CA FL IL IN
Percentage of disability converted to weeks of payment; weekly payment is 66⅔% of worker's AWW.
Percentage of disability converted to weeks of payment; weekly payment is 66⅔% of worker's AWW.
3 weeks of benefits for each percentage of permanent impairment; payable weekly at 50% of worker's TTD benefit rate (see note).
Percentage of disability converted to weeks of payment; weekly payment is 60% of worker's AWW.
Impairment rated according to degrees; values per degree vary.
LA MA MD MI NC
Schedule sets weeks of payment for total loss or loss of use; weekly payment is 66⅔% of worker's AWW (see note).
Scheduled dollar amounts for total loss or loss of use; impairment percentage applied for partial loss.
Percentage of disability converted to weeks of payment; weekly payment is 33⅓ to 66⅔% of worker's AWW.
Schedule sets weeks of payment for total loss or loss of use; weekly payment is 80% of worker's spendable (after-tax) income (see note).
Percentage of disability converted to weeks of payment per schedule; weekly payment is 66⅔% of worker's AWW.
PA TN TX WI
Schedule sets weeks of payment for total loss or loss of use; weekly payment is 66⅔% of worker's AWW.
Percentage of disability converted to weeks of payment; weekly payment is 66⅔% of worker's AWW.
3 weeks of benefits for each percentage of permanent impairment; weekly payment is 70% of worker's AWW.
Scheduled number of weeks for total loss or loss of use; impairment percentage of 1,000 weeks applied for nonscheduled injuries; weekly payment is 66⅔% of worker's AWW.
AR CA FL IL IN
$154.00–$340.00 (see note). $200.00–$250.00; varies with permanent disability rating.
$469.50 (75% of TTD maximum; see note).
$550.47 (see note). $588.00 (TTD maximum).
LA MA MD MI NC
$429.00 (TTD maximum). For scheduled benefits, statutory amount based on SAWW at time of injury (see note).
$114.00–$555.00; varies with rating. $671.00 (TTD maximum) $688.00 (TTD maximum). PA TN TX WI $690.00 (TTD maximum). $618.00 (TTD maximum). $376.00. $232.00. AR CA FL IL IN $20.00. $105.00. na $80.00–$96.90, depending on the
number of dependents of the injured worker.
50
LA MA MD MI NC
Lower of $114.00 (20% of SAWW) or worker's AWW; adjusted annually. na Lower of $50.00 or worker's AWW. $186.12. $30.00. PA TN TX WI Lower of $345.00 (50% of TTD maximum) or 90% of worker's AWW. $92.70. $81.00. $30.00.