Social Security Programs in the United States
Appendix IV: Workers' Compensation Statutes
Jurisdiction | Percentage of worker's wages | Payments per week | Percentage of State average weekly wage (SAWW) | Maximum period | |
---|---|---|---|---|---|
Minimum | Maximum | ||||
Alabama | 66⅔ | $122—27½% of SAWW of worker's average wage if less | $443.00 | 100 | Duration of disability |
Alaska | 80% of worker's spendable earnings | $110 or $154 if employee shows proof of wages, or worker's spendable weekly wage if less | 1 $700.00 | . . . | Duration of disability until date of medical stability |
Arizona | 66⅔ | Payable, but not statutorily prescribed | 2 $323.10 | . . . | Duration of disability |
Arkansas | 66⅔ | $20 | $337.00 | 85 | 450 weeks |
California | 66⅔ | $126 | $448.00 | . . . | Duration of disability |
Colorado | 66⅔ | . . . | 3 $451.22 | 91 | Duration of disability |
Connecticut | 75% of worker's spendable earnings | $131.20—20% of SAWW, or an amount not to exceed 80% of worker's average wage if less | 1 $656.00 | 100 | Duration of disability |
Delaware | 66⅔ | $119.07—22-2/9% of SAWW, or actual wage if less | $357.19 | 66⅔ | Duration of disability |
District of Columbia | 66⅔ or 80% of spendable earnings, whichever is less | $180.84—25% of SAWW | $723.34 | 100 | Duration of disability |
Florida | 66⅔ | $20 or actual wage if less | 4 $465.00 | 100 | 104 weeks |
Georgia | 66⅔ | $25 or average wage if less | $275.00 | . . . | 400 weeks 5 |
Hawaii | 66⅔ | $124—25% of SAWW, or worker's average wage if less, but not less than $38 | $496.00 | 100 | Duration of disability |
Idaho | 67 | $186.75—45% of SAWW | $373.50 for first 52 weeks; thereafter $220.55 | 90 | 52 weeks, thereafter 67% of SAWW for duration of disability |
Illinois | 66⅔ | $100.90 to $124.30, or worker's average wage if less, according to the number of dependents | $760.51 | 133-1/3 | Duration of disability |
Indiana | 66⅔ | $50 or worker's average wage if less | $428.00 | . . . | 500 weeks or $214,000 |
Iowa | 80% of worker's spendable earnings | $148—35% of SAWW, or actual wage if less | $846.00 | 200 | Duration of disability |
Kansas | 66⅔ | $25 | $326.00 | 75 | Duration of disability |
Kentucky | 66⅔ | $83.19—20% of SAWW | 7 $415.94 | 100 | Duration of disability |
Louisiana | 66⅔ | $88—20% of SAWW, or actual wage if less | 8 $330.00 | 75 | Duration of disability |
Maine | 80% of worker's after tax earnings | . . . | 9 $441.00 | 90 | Duration of disability |
Maryland | 66⅔ | $50 or actual wage if less | $540.00 | 100 | Duration of disability |
Massachusetts | 60 | $120.81—20% of SAWW, or worker's average wage if less | 10 $604.03 | 100 | 156 weeks |
Michigan | 80% of worker's spendable earnings | . . . | 3 $524.00 | 90 | Duration of disability |
Minnesota | 66⅔ | $104 or actual wage if less | $615.60 | . . . | 104 weeks, or 90 days after maximum medical improvement 11 |
Mississippi | 66⅔ | $25 | $264.55 | 66 2/3 | 450 weeks or $119,047 |
Missouri | 66⅔ | $40 | $491.19 | 105 | 400 weeks |
Montana | 66⅔ | Payable, but not statutorily prescribed | 1 $380.00 | 100 | Duration of disability |
Nebraska | 66⅔ | $49 or actual wage if less | $409.00 | 100 | Duration of disability |
Nevada | 66⅔ | . . . | $473.69 | 100 | Duration of disability |
New Hampshire | 60 | $146.10—30% of SAWW not to exceed employee's after tax earnings | $730.50 | 150 | Duration of disability |
New Jersey | 70 | $128—20% of SAWW | $480.00 | 75 | 400 weeks |
New Mexico | 66⅔ | $36 or actual wage if less | $353.33 | 85 | Duration of disability |
New York | 66⅔ | $40 or actual wage if less | $400.00 | . . . | Duration of disability |
New York | 66⅔ | $40 or actual wage if less | $400.00 | . . . | Duration of disability |
North Carolina | 66⅔ | $30 | $492.00 | 110 | Duration of disability |
North Dakota | 66⅔ | $226—60% of SAWW, or employee's actual wage if less | 12 $376.00 | 100 | Duration of disability, or until claimant is age 65 and eligible for Social Security retirement benefits |
Ohio | 72% for first 12 weeks; thereafter 66⅔ | $170.33—33-1/3% of SAWW or actual wage if less | 13 $511.00 | 100 | Duration of disability |
Oklahoma | 70 | $30 or actual wage if less | $307.00 | 75 | 300 weeks |
Oregon | 66⅔ | $50 or 90% of actual wage if less | $494.44 | 100 | Duration of disability |
Pennsylvania | 66⅔ | $292.78 or 90% of employee's average weekly wage if less | $527.00 | 100 | Duration of disability |
Puerto Rico | 66⅔ | $20 | $65.00 | . . . | 312 weeks |
Rhode Island | 75% of workers spendable earnings | . . . | 14 $485.00 | 100 | Duration of disability |
South Carolina | 66⅔ | $75 or average wage if less | $437.79 | 100 | 500 weeks |
South Dakota | 66⅔ | $181—50% of SAWW, or worker's average wage if less | $362.00 | 100 | Duration of disability |
Tennessee | 66⅔ | $68.40 | $415.87 | . . . | 400 weeks or $166,348 |
Texas | 70% of worker's earnings over $8.50 per hour; 75% for all others | $72—15% of SAWW | $480.00 | 100 | 104 weeks, or upon reaching maximum medical improvement, whichever is sooner |
Utah | 66⅔ | $45 | 15 $429.00 | 100 | 312 weeks |
Vermont | 66⅔ | $219—50% of SAWW or worker's average wage if less | $655.00 | 150 | Duration of disability |
Virgin Islands | 66⅔ | $60 or actual wage if less | $287.00 | 66⅔ | Duration of disability |
1 Workers' compensation benefits subject to Social Security benefit offsets. | |||||
2 Additional $25 monthly added to benefits of dependents residing in the United States. | |||||
3 Workers' compensation benefits subject to Social Security benefit offsets and to reduction by benefits under an employer pension or disability plan. | |||||
4 Workers' compensation benefits subject to Social Security and unemployment insurance benefit offsets. | |||||
5 Maximum weekly benefit in catastrophic cases shall be paid until such time as employee undergoes a change in condition for the better. | |||||
6 Total amount payable is $100,000. Workers' compensation benefits subject to unemployment insurance and Social Security benefit offsets. | |||||
7 Benefit payment frozen until 1997. | |||||
8 Workers' compensation benefits subject to unemployment insurance benefit offsets. | |||||
9 Workers' compensation benefits subject to unemployment insurance benefit offsets, except if benefits started prior to date of injury, or if benefits are a spouse's entitlement. | |||||
10 Additional $6 will be added per dependent if weekly benefits are below $150. | |||||
11 Compensation stops if employee withdraws from labor market, is released to work without any physical restrictions, or refuses offer to work that is consistent with a rehabilitation plan. | |||||
12 Additional $10 per week for each dependent child, not to exceed worker's net wage. Benefits are reduced by 50% of Social Security disability benefits. | |||||
13 Workers' compensation benefits subject to Social Security benefit offsets and if concurrent and/or duplicate, with those under employer nonoccupational benefit plan. | |||||
14 Additional $9 for each dependent, including a nonworking spouse; aggregate not to exceed 80% of worker's average weekly wage. | |||||
15 Additional $5 for dependent spouse and each dependent child up to four under age 18, but not to exceed 100% of State's average weekly wage. | |||||
16 Additional $10 will be paid for each dependent under age 21. | |||||
17 Minimum benefits may not exceed the level of benefits determined by use of the applicable Federal minimum hourly wage. | |||||
18 Federal Employee's Compensation Act. | |||||
19 Maximum weekly benefit is based on the pay of a specific grade level in the Federal civil service; benefits calculated are at 75% of worker's wage where there are one or more dependents. | |||||
20 Longshore and Harbor Workers' Compensation Act. |