Updated September 18, 2020: Workers' compensation covers income and medical care if you are injured or become ill as a direct result of your job. It does not cover illness or injury incurred off the clock or unrelated to your job duties. That’s because workers’ compensation is insurance for employers. Businesses purchase a policy from private insurers or special state funds. This policy provides medical and wage benefits if a worker files and the insurer approves a claim.
For personal protection, employees need disability insurance, which covers your income if you can’t work due to illness or injury. (We can help you compare and buy disability insurance across carriers.)
Learn more about income protection.
How workers’ compensation works
If you have been injured on the job, it’s important to know your rights — especially because they vary widely, depending on where you live. Most workers’ compensation laws are set by your state. It determines which businesses must carry coverage, how much and how long they must pay an injured or ill employee, and what penalties are imposed if a company doesn’t comply with the laws.
States also sets time limits for every step of the workers’ comp claim process. Employees must formally report a job-related illness or injury to their employer within a certain time period, usually 10 to 90 days. They also must file a claim with their state workers’ compensation agency, though those deadlines are much broader.
Employers and insurers, meanwhile, have a certain amount of time, usually 14 to 30 days, to investigate, process and approve or deny claims. Most states allow you to appeal a denial. That appeal must also be filed and processed by the state-imposed deadlines.
The types of workers’ compensation benefits
Workers’ compensation generally requires employers — or, by extension, their insurer — cover all reasonable medical expenses associated with an injury or illness occurred on the job. Often, there are restrictions regarding which health care providers you can visit or paperwork involved when switching physicians.
Wage benefits generally fall into four buckets:
Temporary total disability benefits (TTD) are paid out to employees while they’re unable to work and recuperating from a workplace illness or injury. There’s usually a waiting period (akin to the elimination period associated with disability insurance) for TTD, meaning the injury must keep you out of work for a certain number of days before you’re eligible to file a claim. TTD typically continues until you return to work, reach maximum medical improvement or receive benefits for the maximum number of weeks allotted by the state.
Temporary partial disability benefits (TPD) are paid out to employees who can return to work in a modified or “light duty” capacity. The amount is usually the difference of what you’re paid under TTD and what you’re making in the new position. They end when you return to work full-time or reach the maximum number of weeks alloted by state law.
Permanent partial disability benefits (PPD) are paid out when an employee experiences a permanent impairment, like loss of a limb, as a result of a workplace incident. The payment correlates to the severity of the disability and is determined in a myriad of ways. Most commonly, a number of weeks is assigned to your injury and multiplied by the wages you’re eligible for under TTD. PPD is generally determined and paid out after you reach maximum medical improvement. You are eligible for PPD even if you’re receiving other workers’ comp wage benefits.
Permanent total disability benefits (PTD) are paid out to workers’ who are severely disabled due to a job-related injury and cannot return to the workforce as a result. Some states cap PTD. Many reduce benefits once the employee qualifies for Social Security Disability Insurance.
Most states also stipulate employers pay death benefits and burial expenses to dependents of employees who died as a direct result of a workplace incident. Again, these benefits are no substitute for a private life insurance policy, which broadly covers the unexpected death of a loved one. (Learn how life insurance works.)
Remember, workers’ compensation laws are complex. Your state’s program administrator or an experienced attorney can walk your through the applicable nuances. Scroll down to see the basic workers’ compensation laws in your state.
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Workers'compensations laws by state
Alabama workers'compensation
Program administrator: Alabama Department of Labor, Workers' Compensation Division Employers required to provide coverage: Any business with five or more full-time or part-time employees, excluding contractors. Medical benefits: Employers are responsible for hospital, surgical and medical treatment during the period of disability. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, but subject to the state’s maximum benefit allowance. As of July 1, 2018, the maximum benefit is $865 per week. The minimum benefit is $238 per week. The number of weeks you are eligible for temporary total benefits is unlimited.Temporary partial disability benefits: Equal to two-thirds of your average weekly wage, minus the compensation you’re receiving for light duty or modified work. TPD is capped at 300 weeks. Total and partial disability benefits don’t cover the first three days of lost wages unless you are out of work for 21 days or longer (you’ll receive back pay).Permanent partial disability benefits: Varies by illness or injury, but subject to a cap of $220 per week. Benefits are limited to 300 weeks. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum. The time you can receive benefits is unlimited. Other notable coverage: Death benefits, equal to 50% or two-thirds of the employee’s average weekly wage, are available to qualified dependents for up to 500 weeks. Employers are also responsible for up to $6,500 in funeral expenses for workers killed as a direct result of their job.
Alaska workers' compensation
Program administrator: Alaska Department of Labor and Workplace Development Employers required to provide coverage: Any employer with one or more employees, unless they’ve been approved to self-insure. Medical benefits: Employers must pay at least two years’ worth of qualified medical expenses.Temporary total disability benefits: Equal to 80% of your spendable weekly wages, subject to the state maximum, which amounts to no more than 120% of the state’s average weekly wage. At a minimum, insurers must pay you at least 22% of the maximum weekly rate or, if you fail to provide proof of income, at least $110 per week. Benefits are paid every two weeks until you’re medically stable or can return to work (whichever comes first). Temporary partial disability benefits: Equal to 80% of the difference between your spendable weekly wage prior to the disability and your spendable weekly wage under light duty. TPD benefits pay out until you reach medical stability or up to five years (whichever comes first). Permanent partial disability benefits: Paid in addition to TTD. Once you’re medically stable, a doctor will determine how impaired you are and you’ll be compensated based on a percentage of $177,000, depending on the severity of your injury. You’ll receive payment in a lump sum. Permanent total disability benefits: Equal to 80% of your spendable weekly wages, minus the amount of any permanent partial disability award you received and adjusted for inflation. PTD benefits last until the disability ends or death. Other notable coverage: The program provides a $5,000 death benefit, $10,000 in funeral expenses and weekly income replacement equal to TTD benefits to surviving spouses and children.
Arizona workers’ compensation
Program administrator: The Industrial Commission of Arizona Employers required to provide coverage: Any business with one or more full-time or part-time employee, with a few standard exceptions. (Standard exceptions include sole proprietors who are eligible to self-insure or absent employees, independent contractors and people who employ domestic workers in their private home.)Medical benefits: Employers are responsible for paying medical expenses directly related to the workplace illness or injury. These expenses include emergency room charges, doctor’s fees, doctor visits and prescriptions. Temporary total disability benefits: Equal to two-thirds of of your average monthly wage, subject to the state maximum. For 2019, the maximum monthly wage for the purposes of calculating benefits is $4,741.57 per week. Wages are not paid out on the first 7 consecutive lost days of work unless your disability lasts 14 days or more (then back pay is issued). Benefits are paid every two weeks until a doctor clears you for work.Temporary partial disability benefits: Equal to two-thirds of of your average monthly wage minus your wages for light duty. TPD gets paid out once a month until you are cleared to resume full-time work. Permanent partial disability benefits: Compensation for “scheduled” permanent injuries, such as loss of an arm, leg or eye, ranges from 50% to 55% of the average monthly wage. Workers who suffer facial scarring or teeth loss are eligible for benefits equal to 55% of the average monthly wage for up to 18 months. Compensation for “unscheduled” injuries, including occupational diseases and injuries to the hip, shoulder, or back, is 55% of the difference between your average monthly wage and the amount ICA estimates you can earn given your injury.Permanent total disability benefits: Equal to 75% and two-thirds of the average monthly wage for scheduled injuries and unscheduled injuries, respectively. Benefits continue until your death, unless the ICA rules otherwise or you fail to file a mandated annual report of income. PTD is paid each month, unless you are awarded a special lump sum commutation. Other notable coverage: Surviving spouses, minor children, parents and minor siblings are eligible for death benefits of up to 66.67% of the deceased worker’s average monthly wage until death or remarriage. The program also offers a burial allowance of up to $5,000.
Arkansas workers’ compensation
Program administrator: Arkansas Workers’ Compensation Commission Employers required to provide coverage: Businesses with three or more employees, with a few exceptions. Medical benefits: Employer must cover all reasonably necessary medical care. However, they have the right to designate the initial provider and your claim can get denied if you seek non-emergency treatment without notice.Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state’s maximum. For 2019, the TD maximum is $695. Payments are made every other week for as long as you are unable to work. Benefits are not paid out on the first seven days of disability, beginning the day after it occurs, unless you are out of work for 14 calendar days or more. In that case, back pay is issued. Temporary partial disability benefits: Equal to two-thirds of your average weekly wage minus what you are making on light duty, subject to the state’s maximum. Permanent partial disability benefits: Varies by amount of wages and number of weeks, depending on the severity of your injury. The PPD rate for amputation or permanent total loss of use of a member is the same as your TD rate, subject to the state maximum. For 2019, the PPD maximum is $521 per week. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state’s weekly maximum. Arkansas also caps PTD benefits. As of 2019, maximum compensation equals $225,875. Other notable coverage: Spouses, children and other dependents are eligible to receive weekly benefits in the event an employee’s work-related death. The amount and length of payments vary, depending on their relationship to the deceased. The program pays up to $6,000 in funeral expenses.
California workers' compensation
Program administrator: California Department of Industrial Relations, Workers’ Compensation DivisionEmployers required to provide coverage: Any business with one or more employee, excluding sole proprietors who do not have to self-insure. Temporary, part-time and even contractors may be entitled to workers’ comp. Medical benefits: Employers must pay for medical expenses “reasonably required to cure or relieve” the workplace disability. You are limited to 24 chiropractic visits, 24 physical therapy visits and 24 occupational therapy visits unless a claims administrator approves extended care. Employers can require you stay in their medical network for care.Temporary total disability benefits: Usually equal to two-thirds of your wages prior to injury, subject to the state maximum. In 2019, if your gross wages were more than $1,877.07 per week before you were hurt, the maximum TTD payment is $1,151.38 per week. If your gross wages before the injury were less than $281.57 per week, the minimum TTD payments are $187.71 per week. Temporary partial disability benefits: Equal to two-thirds of your wages prior to the injury, minus what you are making for light duty and subject to the state maximum. TD benefits are paid every two weeks. Benefits typically last until a doctor clears you to work or up to 104 weeks within five years from the date of injury. At that point, if you can no longer work, you might qualify for permanent disability benefits. Permanent partial disability benefits: The length and amount of compensation varies by disability, date of injury and your wages before the disability. As an example, total loss of vision in one eye (not adjusted for age or occupation) could warrant close to $35,000 in PPD.Permanent total disability benefits: The amount of compensation varies by disability, date of injury and your wages before the disability, but if you are deemed permanently disabled due a workplace illness or injury, you could be entitled to benefits for life. Other notable coverage: Injured employees can receive supplemental job displacement benefits, which are vouchers that help pay for vocational rehabilitation. Spouses, children and other dependents are eligible for up to $320,000 in death benefits, depending on the number of bereaved, as well up to $10,000 for funeral expenses. The death benefit is paid out at the total temporary disability rate, subject to a minimum of $224 per week.
Colorado workers' compensation
Program administrator: Colorado Department of Labor and Employment Employers required to provide coverage: Companies with one or more full- or part-time employers, with limited exceptions Medical benefits: Employers must cover all reasonable and necessary medical bills for workers disabled on the job. However, they can stipulate a network of health care providers. You can switch doctors once if you are within 90 days of the incident and have not medically improved. Temporary total disability benefits: Equal to two-thirds of your average weekly wage as of the date of your injury, subject to a maximum of $987.84 in 2018. Benefits are not paid out if the disability causes you to miss work for three days or less. If you are out of work for longer than three days, you will receive back pay for that missed time. Temporary partial disability benefits: Equal to two-thirds of your average weekly wage, up to a state maximum, as of the date of your injury, minus what wages you are making on a modified schedule.Permanent partial disability benefits: Compensation varies by disability, date of injury and your wages before the disability. Scheduled impairments are payable at a weekly compensation rate of $307.26, while non-scheduled impairments are paid out at the TTD rate, subject to a $150 per week minimum and $542.78 per week maximum in 2018. Body disfigurement benefits are between $5,229.68 and $10,457.52.Permanent total disability benefits: Equal to two-thirds of the average weekly wage in effect at the time of the injury or illness paid for the lifetime of the injured worker. Other notable coverage: Dependents are eligible for a death benefit of between $246.96 and $987.84 per week and up to $7,000 for burial expenses. If a deceased worker has no dependents, the insurer pays out up to $20,836.09 to the Colorado Uninsured Employers Fund.
Connecticut workers’ compensation
Program administrator: State of Connecticut’s Workers’ Compensation Commission Employers required to provide coverage: Companies with one or more full- or part-time employers, with the exception of those that can self-insure. Medical benefits: The employer is responsible for covering all necessary and appropriate medical treatment. They can choose the health care provider of initial treatment, but the employee has the right to choose their attending physician. Temporary total disability benefits: Equal to 75% of the after-tax-and-Social-Security average weekly wage the injured worker was making before the incident, subject to the state maximum of $1,298 per week. TTD and TPD aren’t paid out until the worker is out for three calendar days. They are paid starting on the fourth day of missed work and compensated for the first three days if they are too injured or ill to work for seven days or longer. Employers must pay a weekly minimum equal to 20% of the maximum weekly benefit ($259.60) not to exceed 75% of the employee’s average weekly wage. Temporary partial disability benefits: Equal to 75% of the after-tax-and-Social-Security average weekly wage the injured worker was making before the incident minus the wages they are making on light or modified duty. TPD is subject to a state maximum of $1,046 per week. Permanent partial disability benefits: The length and amount of compensation varies by injury. Benefits run between $50 and $1,046 and nine to 208 weeks. Permanent total disability benefits: Equal to 75% of the injured worker’s after-tax average weekly wage, subject to the state maximum of $1,298 per week. You can potentially receive benefits for the length of your life. Other notable coverage: Surviving spouses or eligible dependents are entitled to a death benefit equal to 75% of the deceased worker’s after-tax average weekly wage, subject to the maximum, plus $4,000 for burial expenses.
Delaware workers' compensation
Program administrator: Delaware Division of Industrial Affairs Employers required to provide coverage: Employers with one or more employees, excluding contractors. Farmers are exempt from workers’ comp laws. Medical benefits: Employers are responsible for paying for all necessary medical treatment and hospitalization services. Temporary total disability benefits: Equal to two-thirds of the injured employee’s gross weekly wages received at the time of the injury, subject to the state maximum. As of 2018, the maximum was $713.65 per week. Minimum compensation was $237.88 per week. No benefits are paid out on the first three days of missed wages, unless the injury causes the worker to miss seven days or more. At that point, back pay is issued. Temporary partial disability benefits: Equal to two-thirds of the injured employee’s gross weekly wages prior to injury minus what they are making on a modified schedule, subject to the state maximum. TPD is available for up to 300 weeks. Permanent partial disability benefits: Equal to two-thirds of the average week wage paid out for 20 to 220 weeks, depending on the severity of your permanent injury. Permanent total disability benefits: Equal to two-thirds of the injured employee’s gross weekly wages received at the time of the injury, subject to the state maximum. Benefits are potentially payable for life. Other notable coverage: Spouses and dependents are eligible for weekly death benefits, but they cannot exceed 80% of the state maximum. Benefits are paid out for a maximum of 400 weeks, but cease after certain life events. Say, a spouse remarries or a minor child turns 18 (or 25, if in school). They also receive up to $3,500 in funeral expenses,
Florida workers' compensation
Program administrator: Florida Division of Workers’ Compensation Employers required to provide coverage: It varies by industry. Construction companies must provide workers’ comp when they have one or more employee, including the owner if they’re a corporate officer or LLC. Non-construction companies must carry insurance if they have four or more employees, subject to the same parameters. Agriculture companies have a slightly higher threshold at six or more employees. There are exemptions for owners who can self-insure. Medical benefits: Employers are responsible for all necessary medical care, treatment and prescriptions related to your injury. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, calculated using wages earned 13 weeks prior to your injury, though some severe injuries may entitle you to 80% of your regular wages for up to six months. TTD, TPD or a combination of the two are paid out for no more than a maximum of 104 weeks. You aren’t paid for the first seven days of lost wages unless you are out of work for over 21 days, in which case back pay might be issued. Temporary partial disability benefits: Up to two-thirds of your average weekly wage, calculated using wages earned 13 weeks prior to your injury, minus the income you are making on a modified schedule. Permanent partial disability benefits: The length and amount of compensation varies, depending on your illness or injury. Maximum compensation as of 2018 was $917 per specified week. Permanent total disability benefits: Equal to two-thirds of the average weekly wage, paid out until the injured worker reaches 75 years of age, unless the employee is not eligible for Social Security due to their inability to work. Other notable coverage: Surviving dependents are eligible for a total of $150,000 in compensation to cover funeral expenses (up to $7,500), income replacement and educational benefits in the case of a spouse.
Georgia workers' compensation
Program administrator: Georgia’s State Board of Workers' Compensation Employers required to provide coverage: Any business with three or more workers, including part-time employees. Medical benefits: Employers are responsible for paying authorized doctor, hospital and rehabilitation bills for up to 400 weeks after your injury. They can request you visit select health care providers outside of initial emergency care, so long as you are provided with a choice of six doctors or more. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to a maximum of $575 per week. TTD doesn’t start until an employee has missed more than seven days of work. Those wages are only replaced if you injury or illness extends over 21 days. Benefits are paid out for a maximum of 400 weeks.Temporary partial disability benefits: Equal to no more than $383 per week, paid out for up to 350 weeks. Permanent partial disability benefits: Benefits vary by injury. As an example, if you lost an arm or leg you will receive benefits of 225 weeks. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to a maximum of $575 per week, paid potentially for life. Other notable coverage: Dependents are eligible to receive two-thirds of your average weekly wage as a death benefit, subject to a maximum of $575 per week. Surviving spouses are eligible for up to $230,000 in death benefits. However, payments cease if they remarry or cohabit with a new partner.
Hawaii workers' compensation
Program administrator: State of Hawaii Disability Compensation Commission Employers required to provide coverage: Companies with one or more employees whether full-time, part-time, permanent or temporary workers with a few exceptions Medical benefits: Employers are responsible for paying for treatment, hospital charges, prescription drugs, X-rays, physical therapy and reasonable transportation expenses related directly to the injury. Employees can choose their own physician. Temporary total disability benefits: Equal to two-thirds of your average weekly wages, subject to the state maximum of $883 (as of 2018). There is a three-day waiting period for benefits. They last until you return to work or reach maximum medical recovery. At that point, you might be eligible for PPD or PTD. Temporary partial disability benefits: Equal to two-thirds of your average weekly wages, subject to the state maximum minus the wages you make from your modified schedule. Permanent partial disability benefits: The amount of compensation and length of benefits varies by injury.Permanent total disability benefits: Equal to two-thirds of your average weekly wages, subject to the state maximum and potentially paid for life. Other notable coverage: Hawaii also offers temporary disability insurance benefits to employees who lose wages to non-work-related illness or injury up to $620 per week. Surviving spouses and dependent minor children are eligible for death benefits equal to TTD benefits, plus funeral expenses and burial expenses up to 10 times and five times the maximum weekly benefit rate, respectively.
Idaho workers' compensation
Program administrator: The Idaho Industrial Commission Employers required to provide coverage: Companies with one or more full-time, part-time, seasonal or occasional employees with a few exceptions Medical benefits: Employers are reasonable for covering “reasonable” medical care to treat workplace injuries. Temporary total disability benefits: Equal to 67% of your average weekly wage, subject to the state maximum, which is 90% of its total average weekly wage. There’s a five-day waiting period. If your injury causes you to lose work for longer than two weeks, back pay is issued. TTD benefits are paid out for up to 52 weeks.Temporary partial disability benefits: Equal to 67% of the decrease in your wages. TPD benefits cannot exceed TTD benefits. Permanent partial disability benefits: Equal to (55%) of the average weekly state wage and paid out for one to 350 weeks, depending on the permanent disability. Permanent total disability benefits: Equal to 67% of the average weekly state wage, subject to the state maximum and potentially paid for life. Other notable coverage: Dependents are eligible for death benefits between 20% to 60% of the state average weekly wage, subject to the state maximum. Surviving spouses can receive benefits for up to 500 weeks with payments ceasing upon death or remarriage. Able-bodied minor children can receive benefits up until they turn 18 (or 23, if they are in school). Some compensation is provided for funeral expenses, if the death occurs within four years of the workplace injury.
Illinois workers' compensation
Program administrator: Illinois Workers’ Compensation Commission Employers required to provide coverage: Every employer located in Illinois. Medical benefits: Employers are required to cover all medical care that is reasonably necessary to cure or relieve the employee from the injury. Employees can choose their health care provider with some restrictions.Temporary total disability benefits: Equal to two-thirds of the employee’s average weekly wage, subject to the state maximum ($1,480.12 as of 2018). TTD is not paid out for the first three days of disability, unless the disability lasts two week or more. Benefits are paid until the employee returns to work or reaches maximum medical improvement. Temporary partial disability benefits: Equal to two-thirds of the employee’s average weekly wage, subject to the state maximum, minus the gross wages the worker earns in their light-duty job. Permanent partial disability benefits: Length and the amount of compensation varies, depending on the injury and whether the worker is able to secure a new job. Permanent total disability benefits: Equal to two-thirds of your average weekly wages, subject to the state maximum and paid for life. Other notable coverage: Death benefits, equal to two-thirds of the deceased’s average weekly wages, are paid to surviving dependents for up to 25 years or $500,000, whichever is greater. They also receive up to $8,000 for funeral expenses.
Indiana workers' compensation
Program administrator: Workers' Compensation Board of Indiana Employers required to provide coverage: Most businesses, with some exceptions, including train services. Medical expenses: Employers must cover medical expenses related to the workplace injury. However, they can specify the health care provider. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, but not more than $780 per week as of 2018. You’re not eligible for benefits until you miss more than seven days of work and you only receive back pay for those days if the disability lasts 21 days. Temporary partial disability benefits: Equal to two-thirds of your average weekly wage prior to the injury minus your average weekly wages on light duty. TPD pays out for a maximum of 300 weeks. Permanent partial disability benefits: Compensation varies, depending on the severity of your workplace injury. Indiana caps total compensation for TTD, TPD and PPD at $390,000 per person. Permanent total disability benefits: Equal to two-thirds of the state’s average weekly wage. Indiana caps PTD benefits at 500 weeks. Other notable coverage: Dependents are eligible for death benefits equivalent to TTD benefits: Equal to two-thirds of the deceased average weekly wage, capped at 500 weeks. They also are eligible for up to $7,500 to cover funeral expenses.
Iowa workers' compensation
Program administrator: Iowa Division of Workers' Compensation Employers required to provide coverage: Most businesses, excluding agriculture workers and contractors. Medical expense: Employers must pay all reasonable and necessary medical care required to treat a workplace injury, including travel expenses for treatment. Temporary total disability benefits: Generally equal to 80% of your spendable income, but varies by your average gross weekly earnings, number of income tax exemptions and marital status, but cannot exceed $1,765 per week. There’s a three-day waiting period with back pay due for those days if you are out for longer than 14 calendar days. TTD benefits continue until you’re healthy enough to return to work.Temporary partial disability benefits: Equal to two-thirds of the difference between your average gross weekly earnings when injured and your actual earnings while working a modified schedule. Permanent partial disability benefits: Compensation varies by severity of your injury. Weekly PPD is capped at $1,623 and 500 weeks. Permanent total disability benefits: Equal to your TTD benefits, but paid out until death. Other notable coverage: Surviving dependents are eligible for death benefits, potentially equal to the deceased TTD benefits.The employer must also pay for reasonable burial expenses not to exceed 12 times the statewide average weekly wage at the time of death.
Kansas workers' compensation
Program administrator: Kansas Department of Labor Employers required to provide coverage: All employers outside of those in certain agricultural pursuits or with a gross annual payroll of $20,000 or less. Medical benefits: Employers must cover all medical treatment reasonably needed to cure or relieve the effects of the injury. They can choose your health care provider. If you seek health care out of network, the insurer only has to pay $500 toward bills. Temporary total disability benefits: Equal to two-thirds of your gross average weekly wage, subject to a weekly maximum of $645 and a total maximum of $130,000. There is a one-week waiting period before you’re eligible for benefits. Temporary partial disability benefits: Equal to two-thirds of the difference between your average gross weekly wage before the injury and your wages after the injury, subject to the $130,000 maximum. Permanent partial disability benefits: Compensation varies based on the disability remaining after recovery and is capped at 415 weeks. Permanent total disability benefits: Equal to two-thirds of your gross average weekly wage, subject to a weekly maximum of $645 and a total maximum of $155,000. Other notable coverage: Surviving dependents are eligible for death benefits up to $300,000 in total compensation (at least $430 per week) and $5,000 for funeral expenses.
Kentucky workers' compensation
Program administrator: Kentucky Department of Workers’ Claims Employers required to provide coverage: Employers with one or more employees Medical benefits: All reasonable medical care related to the injury Temporary total disability benefits: Equal to two-thirds of your average weekly salary, subject to the state maximum ($933.25 as of August 2018). You’re not eligible for benefits until you’ve missed eight calendar days of work, due to the disability. If you are out for longer than 15 days, back pay is issued. Temporary partial disability benefits: N/A Permanent partial disability benefits: Compensation varies by impairment and determined once you reach maximum medical improvement. Permanent total disability benefits: * Equal to two-thirds of your average weekly salary, payable until you’re eligible for Social Security.Other notable coverage: Dependents are collectively eligible for death benefits up to 75% of the deceased average weekly wage, subject to the state maximum, with the exact amount varied by relationship and number of dependent children. If the worker died within four years of the injury, they can also receive a lump-sum settlement to pay for burial expenses and more. As of 2018, that lump-sum maximum is $83,336.22.
Louisiana workers' compensation
Program administrator: Louisiana Workforce Commission Employers required to provide coverage: All companies with employees, including full-time, part-time, seasonal or minor workers and some subcontractors or independent contractors. Medical benefits: Employers must cover all approved medical treatment and reasonable travel expenses to receive treatment. Employees can pick their own doctor. Temporary total disability benefits: Equal to two-thirds of the employee’s average weekly wage, subject to the state maximum of $655 per week in 2019. No compensation is paid for the first week, unless the disability continues for two weeks or longer, then back pay is issued. Benefits are paid out for the duration of the disability.Temporary partial disability benefits: Equal to two-thirds of the difference between your pre-injury average monthly wages and the average monthly wage in your modified job, subject to the state maximum. Payable for up to 520 weeks. Permanent partial disability benefits: You are eligible for a one-time payment of $50,000 if your workplace injury is deemed catastrophic. Permanent total disability benefits: * Equal to two-thirds of the employee’s average weekly wage, subject to the state maximum of $655 per week in 2019 and paid out potentially for life. Other notable coverage: Surviving dependents are eligible for death benefits equal to the TTD benefits. If there are no other dependents, surviving parents are entitled to a one-time benefit of $75,000 each. The employer must also pay up to $8,500 in funeral expenses.
Maine workers' compensation
Program administrator: Maine Workers’ Compensation Board Employers required to provide coverage: Businesses with one or more employees, excluding sole proprietors, partners, LLC members and certain farming employers. Medical benefits: Employers are required to cover reasonable medical care. They can stipulate your doctor. However, you can request a different health care provider after 10 days of treatment. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to a weekly maximum of $829.30 as of 2018. There’s a seven-day waiting period for benefits. Back pay for those days are issued only if your disability causes you to miss 14 days or more. Payments are made as long as the disability lasts. Temporary partial disability benefits: Equal to two-thirds of the difference between your average weekly wage before the injury and your average weekly wages after it. Payments are made for up to 520 weeks. Permanent partial disability benefits: Compensation varies based on the severity of your injury. Benefits are considered payable for between 11 and 269 weeks. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to a weekly maximum of $829.30 as of 2018, potentially paid out for life. Other notable coverage: Surviving dependents are eligible for death benefits equal to two-thirds of the deceased’s average weekly wage, payable for up to 500 weeks. They are also eligible for up to $4,000 in burial expenses and up to $3,000 as incidental compensation. Benefits for surviving spouses cease if the spouse dies or remarries. Benefits for minor children cease at age 18, unless the child is otherwise physically or mentally incapacitated.
Maryland workers' compensation
Program administrator: Maryland Workers’ Compensation Commission Employers required to provide coverage: Companies with one or more employees with exceptions made for sole proprietors, farming employers and independent contractors. Medical benefits: Employers are required to cover reasonable medical care; employees can choose their health care provider. Temporary total disability benefits: Equal to two-thirds of your average weekly wage not to exceed 100% of the state average weekly wage ($1,094 as of 2018). Employees are not compensated for the first three days of lost wages unless the disability lasts over 14 days. TTD continues until you return to work or reach maximum medical improvement.Temporary partial disability benefits: Equal to 50% of the difference between your average weekly wage and the wage you’re earning after your injury, capped at 50% of the State Average Weekly Wage ($547.00 as of 2018). Permanent partial disability benefits: Compensation varies by severity of the injury, but cannot exceed $365 per week. Benefits are awarded for up to 250 weeks.Permanent total disability benefits: Equal to your average weekly wage not to exceed 100% of the state average weekly wage ($1,094 as of 2018) to continue indefinitely.Other notable coverage: Surviving dependents are eligible for death benefits equal to two-thirds the deceased’s average weekly wage, subject to the state maximum, and up to $7,000 in funeral expenses. Benefits are paid out potentially until the dead worker would have turned 70 with standard exceptions (a spouse remarries; a child turns 18). Non-spouse or child dependents can receive a maximum death benefit of $73,690.
Massachusetts workers' compensation
Program administrator: Massachusetts Department of Industrial Accidents Employers required to provide coverage: Almost all employers must carry workers' comp insurance, with sole proprietors, partners, LLC members, some cab drivers and seamen subject to exemptions. Medical benefits: Employers must cover any reasonable and necessary medical treatment related to a job-related injury or illness, including mileage reimbursement. Temporary total disability benefits: Equal to 60% of your gross average weekly wage, subject to the state maximum ($1,383.41 as of 2018) and paid out for up to 156 weeks. There’s a five-day waiting period for benefits to kick in and you’re only compensated for those five days if your disability lasts 21 days or more. Temporary partial disability benefits: Equal to 75% of what your TTD benefits would be, payable for up to 260 weeks. Permanent partial disability benefits: Benefits are dispersed in varying amounts, depending on the severity of your disability. Disfigurement compensation may not exceed $15,000. Permanent total disability benefits: Equal to two-thirds of your gross wages, paid weekly for the duration of the disability. Other notable coverage: Surviving spouses are eligible for up to $4,000 in funeral expenses and death benefits equal to two-thirds of the deceased worker’s average weekly wage, subject to the state maximum. Minor children are also eligible for the death benefits. Surviving spouses can be paid until they die or remarry.
Michigan workers' compensation
Program administrator: Michigan Workers' Compensation Agency Employers required to provide coverage: Companies regularly employing one or more employees for at least 35 hours per week for 13 weeks or longer in any 52-week period or all companies with three or more employees. Medical benefits: Employers must cover all reasonable and necessary medical care for work-related injuries or diseases. They can choose the health care provider for the first 28 days of your treatment. Temporary total disability benefits: Equal to 80% of your after-tax average weekly wage, subject to a state maximum ($900 per week as of 2018), paid for the duration of your disability. You don’t qualify for benefits until you are out for seven days and back pay for those days is only issued if the disability lasts two weeks or more. Temporary partial disability benefits: Equal to 80% the difference between your weekly wage before the injury and your weekly wage after the injury. Permanent partial disability benefits: Any worker that suffers a loss is eligible for 65 weeks of compensation benefits regardless of whether their disability causes them to miss work. Beyond that, compensation varies on the severity of the loss. Permanent total disability benefits: Equal to 80% of your after-tax average weekly wage, subject to a state maximum ($900 per week as of 2018), paid for the duration of your disability. Benefits reduce by 5% each year between the ages of 65 and 75. Other notable coverage: Dependents are eligible for death benefits equal to 80% of the worker’s after-tax weekly wage and up to $6,000 for funeral expenses.
Minnesota workers' compensation
Program administrator: Minnesota Department of Labor and Industry Employers required to provide coverage: All employers with some exceptions, including some sole proprietors, corporation officers and LLC managers. Medical benefits: Your employer must cover all reasonable medical care associated with your workplace illness or injury. Temporary total disability benefits: Equal to two-thirds of your gross weekly wage at the time of injury, subject to the state maximum ($1,098.54 as of 2018). There’s a three-day waiting period for benefits with back pay issued if the disability last longer than 10 days. TTD caps at 130 weeks. Temporary partial disability benefits: Equal to two-thirds of the difference between what the you earned at the time of the injury and your earnings in your modified position. TPD is capped at 225 weeks paid out within 450 weeks after the date of your injury. Permanent partial disability benefits: The amount varies by injury; PPD is generally paid out when TTD ends and when you reach maximum medical improvement. Permanent total disability benefits: Equal to two-thirds of your gross weekly wage at the time of injury, subject to the state maximum. Once the insurer has paid $25,000 in PTD, it can reduce benefits by the amount you’re receiving in Social Security Disability Insurance (SSDI) benefits. Other notable coverage: Dependents are eligible for death benefits, but the amount and duration varies by their relationship to the deceased. Surviving spouses, for example, are eligible for 50% of the deceased’s weekly wage at the time of the injury for up to 10 years, subject to state maximums. They can also receive up to $15,000 for burial expenses.
Mississippi workers' compensation
Program administrator: Mississippi Workers' Compensation Commission Employers required to provide coverage: Companies with five or more employees; domestic and farm employers are exempt from having to carry coverage. Medical benefits: Employers must cover all reasonable and necessary medical care for work-related injuries or diseases, including mileage reimbursement. Temporary total disability benefits: Equal to two-thirds of the workers' average weekly wage, subject to the state maximum ($487.04 as of 2018). There’s a five-day waiting period for benefits with back pay issued if the disability extends 14 days or more.Temporary partial disability benefits: Equal to two-thirds of the difference between the workers’ average weekly wage before and after the injury, subject to the state maximums. Permanent partial disability benefits: Two-thirds of the workers’ average weekly wage, subject to the state maximum for up to 200 weeks depending on the injury. Permanent total disability benefits: * Two-thirds of the workers' average weekly wage, subject to the state maximum ($487.04 as of 2018). All benefits are capped at 450 weeks with a lifetime pay out of $219,168 as of 2018. Other notable coverage: Surviving spouses and other eligible dependents receive death benefits equal to a certain percentage of the workers’ average weekly wage for up to 450 weeks. Spouses also receive up to $5,000 for funeral expenses and an immediate $1,000 in compensation.
Missouri workers' compensation
Program administrator: Missouri Division of Workers’ Compensation Employers required to provide coverage: Companies with five or more employees, whether full-time, part-time or seasonal; construction companies must carry coverage if they have one or more employees. Medical benefits: The employer is responsible for covering all medical treatment related to the injury, though it can choose the health care provider. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum ($947.64 per week through June 2019). There’s a three-day waiting period for which back pay is issued if you are out of work for 14 days or longer. Temporary partial disability benefits: Equal to two-thirds of the difference between your average earnings prior to the accident and the amount you are able to earn after the accident, subject to the state maximum ($947.64 per week through June 2019) Permanent partial disability benefits: Compensation is equal to two-thirds of your average weekly wage, subject to the maximum ($496.38 per week), but paid out for varying number of weeks (as a lump sum) depending on the severity of your injury. Permanent total disability benefits: Equal to two-thirds of your average weekly at the time of the injury, not to exceed the state maximum, but payable for the course of your life.Other notable coverage: Surviving spouses and dependent children are eligible for weekly death benefits equal to two-thirds of the deceased’s average weekly wage for the year prior to the accident (subject to the state maximum of $947.64 per week, and up to $5,000 in funeral expenses. Spouses are eligible for life until they remarry. Children are eligible until they turn 18 (22 if a full-time student).
Montana workers' compensation
Program administrator: Montana Department of Labor & Industry Employers required to provide coverage: All businesses with employees Medical benefits: Employers must cover reasonable doctor, hospital, prescription and medical care costs related to the injury. However, medical benefits cease 60 months from the date of the injury. Temporary total disability benefits: Equal to two-thirds your gross wages, subject to the state maximum of $793 per week. Benefits begin 32 hours or four days after wage loss, whichever is less. You will receive back pay if the disability lasts 21 days or more. Temporary partial disability benefits: Equal to the the difference between your average weekly wage at the time of injury, subject to a maximum of 40 hours a week, and the wages you earn in the modified schedule. Earnings cannot exceed your temporary total disability rate of $793 per week and is capped at 26 weeks, but the insurer can extend that period.Permanent partial disability benefits: Compensation varies based on your injury, but is capped at $396.50 per week and a total of 400 weeks. Permanent total disability benefits: Equal to TTD benefits, paid out until you are eligible for Social Security retirement benefits. Other notable coverage: Surviving dependents are eligible for death benefits up to two-thirds of the deceased’s gross wages, not to exceed the state maximum weekly wage, and burial expenses up to $4,000. Surviving spouses are eligible for up to 500 weeks of benefits. Payments cease upon remarriage or death.
Nebraska workers' compensation
Program administrator: Nebraska State Employees Workers' Compensation Employers required to provide coverage: All businesses with one or more employees Medical benefits: Employers must cover reasonable, necessary medical care and prescriptions directly related to the work injury. You can choose your physician so long as you’ve seen them prior to the injury. Temporary total disability benefits: Equal to two-thirds of your average weekly wage for 26 weeks prior to the injury, subject to a maximum of $831 per week. There’s a seven-day waiting period for benefits with back pay only issued if the disability lasts over 42 days. TTD benefits stop when you return to work or reach maximum medical improvement.Temporary partial disability benefits: Equal to two-thirds of the difference between your average weekly wage and your weekly wage in the modified position. TPD is paid out for up to 300 weeks. Permanent partial disability benefits: Paid at a rate of two-thirds of your average weekly wage times the number of weeks associated with the severity of your injury. Permanent total disability benefits: Equal to two-thirds of your average weekly wage for 26 weeks prior to the injury, subject to a maximum of $831 per week, but payable for life. Other notable coverage: Surviving spouses are eligible for weekly death benefits equal to two-thirds of the deceased’s average weekly wage or 75% of their average weekly wage if they have children, subject to the state maximums. Benefits are payable for life or until the spouses remarries. They also receive up to $6,000 in burial expenses.
Nevada workers' compensation
Program administrator: Nevada Division of Industrial Relations Employers required to provide coverage: Any company with one or more employees Medical benefits: Employers must cover all medical expenses related to the workplace injury. However, they can choose your doctor(s). Temporary total disability benefits: Equal to two-thirds your average weekly wage, subject to the state maximum ($897.82 per week for 2019). Benefits aren’t paid out unless the disability causes you to miss five consecutive days or five cumulative days in a 20-day period. In that case, back pay is issued. TTD is paid out until you return to work or reach maximum medical improvement.Temporary partial disability benefits: Equal to two-thirds your average weekly wage, subject to the state maximum, minus what you are making in your modified position. TPD benefits are capped at 24 months. Permanent partial disability benefits: Benefits are paid out in varying amounts, depending on the severity of your disability and your age and wage. Permanent total disability benefits: Equal to two-thirds your average monthly wage, subject to the state maximum ($897.82 per week for 2019). Benefits are paid out for life, but could be reduced by 10% if you receive a PPD payout. Other notable coverage: Dependents are eligible for death benefits up to two-thirds of the deceased’s salary and up to $10,000 in burial expenses.
New Hampshire workers' compensation
Program administrator: New Hampshire’s Workers’ Compensation Division Employers required to provide coverage: All employers with any employees, full- or part-time Medical benefits: The employer must cover the cost of all medical, hospital and remedial care related to the workplace injury. Temporary total disability benefits: Equal to 60% the employee’s gross average weekly wage, subject to the state maximum ($1,582.50 as of 2018). There’s a three-day waiting period. Benefits are paid out on those three days if the disability lasts 14 days or more. They last until the employee returns to work or reaches maximum medical improvement.Temporary partial disability benefits: Equal to 60% of the difference between prior injury earnings and post-injury earnings, subject to the state maximum.TPD paid out for up to 262 weeks. Permanent partial disability benefits: Equal to your average weekly wage, multiplied by a number of weeks correlating to the severity of your injury. Weeks are capped at 350. Permanent total disability benefits: Equal to 60% the employee’s gross average weekly wage, subject to the state maximum ($1,507.50 as of 2016), paid out for the duration of your disability. Other notable coverage: Surviving spouses and minor children are eligible for death benefits of up to 60% the employee’s gross average weekly wage, subject to the state maximum ($1,582.50 as of 2018). and burial expenses up to $10,000.
New Jersey workers' compensation
Program administrator: New Jersey Division of Workers’ Compensation Employers required to provide coverage: All businesses, outside of state and federal government employers Medical benefits: Employers are required to cover all necessary and reasonable medical treatment, prescriptions and hospitalization services. They can designate the treating physician. Temporary total disability benefits: Equal to 70% your average weekly wage, not to exceed 75% of the state’s average weekly wage (amounts to a maximum benefit of $921 in 2019). Benefits are paid out for a maximum of 450 weeks. At that point, you become eligible for PTD. Temporary partial disability benefits: Technically, not applicable; However, New Jersey has a Temporary Disability Income (TDI) program for anyone too ill or injured to work. These workers can receive weekly benefits, up to the state maximum ($637 per week as of 2018) and for 26 weeks, even if the illness or injury didn’t occur in the workplace. Permanent partial disability benefits: Equal to 70% your average weekly wage, multiplied by a number of weeks correlated to the severity of your injury. Permanent total disability benefits: Equal to 70% your average weekly wage, not to exceed 75% of the state’s average weekly wage ($921 in 2019). Benefits are initially paid out for 450 week, after which the recipient must demonstrate they are still unable to work. Other notable coverage: Dependents are eligible for death benefits up 70% of the deceased’s average weekly, capped at the maximum ($921) and up to $3,500 in burial expenses.
New Mexico workers' compensation
Program administrator: New Mexico Workers’ Compensation Administration Employers required to provide coverage: Businesses with three or more workers, including part-time and temporary workers. Agricultural employers are exempt, however; and all construction businesses must carry coverage. Medical benefits: Employers must cover reasonable and necessary medical care related to the work-related injury or illness indefinitely. Temporary total disability benefits: Equal to two-thirds your average weekly wage, based on wages for the 26 weeks prior to the accident, subject to the state maximum ($814.64 per week). There’s a seven-day waiting period for benefits and back pay is only issued for those days if the disability lasts for four weeks or longer. Temporary partial disability benefits: Equal to two-thirds the difference between the regular and wages in the modified job, subject to the state maximum. Permanent partial disability benefits: Compensation varies. Benefits are capped at 500 to 700 weeks, depending on the severity of the injury. They’re paid once an injured workers reaches maximum medical improvement.Permanent total disability benefits: Equal to two-thirds your average weekly wage, based on wages for the 26 weeks prior to the accident, subject to the state maximum, but paid out for the workers’ lifetime. Other notable coverage: Surviving dependents are eligible for death benefits equal to the deceased’s TTD benefits, subject to the state maximum and capped at 700 weeks. They also receive up to $7,500.
New York workers' compensation
Program administrator: New York State’s Workers’ Compensation Board Employers required to provide coverage: All businesses with employees, including day laborers, leased employees, borrowed employees, part-time employees, unpaid volunteers (including family members) and most subcontractors. Medical benefits: Employers are required to cover all necessary medical care related to the illness or injury for the duration of your disability. Employees must use authorized providers, however, even for emergency care.Temporary total disability benefits: Equal to two-thirds of your average weekly wage multiplied by the percentage of your disability, subject to the state maximum ($904.74 as of 2018). There’s a seven-day waiting period for benefits. That first week is only paid out if your disability lasts longer than 14 days. Temporary partial disability benefits: Equal to two-thirds of the difference between your wages prior and post injury, subject to the state maximum. Permanent partial disability benefits: Compensation is equal to two-thirds your average weekly wage, subject to the state maximum, and multiplied by a number of weeks (up to 525 weeks) dictated by the severity of your injury.Permanent total disability benefits: Equal to two-thirds of your average weekly wage multiplied by the percentage of your disability, subject to the state maximum, but paid out until death. Other notable coverage: Surviving spouses and minor children are eligible for weekly death benefits equal to two-thirds of the deceased worker's average weekly wage for the year before the accident, subject to the state’s maximum, and up to $12,500 in funeral expenses. Surviving parents or the worker’s estate might be entitled to a $50,000 lump-sum death benefit.
North Carolina workers' compensation
Program administrator: North Carolina Industrial Commission Employers required to provide coverage: All businesses with three or more employees with a few notable exceptions in the agriculture industry. Medical benefits: Employers are responsible for covering medical care related to the injury, but can specify health care providers. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum ($1,028 as of 2019). There’s a 7-day waiting period for benefits with pay for those days only getting issued if your disability last 21 days or more. You are eligible for benefits until you return to work. Temporary partial disability benefits: Equal to two-thirds of your average weekly wage prior to the injury minus the wages you are making on a modified schedule. Benefits are payable for up to 500 weeks. Permanent partial disability benefits: Compensation varies by injury, but is limited to 300 weeks of pay. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum (==), paid for life. Other notable coverage: Surviving dependents are eligible for death benefits equal to two-thirds of the deceased average weekly wage, subject to the state maximum, and up to $10,000 in burial expenses.
North Dakota workers' compensation
Program administrator: North Dakota Workforce Safety and Insurance Employers required to provide coverage: All employers with employees including full-time, part-time, seasonal and occasional workers. Medical expenses: The insurer must cover all reasonable medical care related to the workplace injury. Temporary total disability benefits: Equal to two-thirds of your pre-injury gross weekly wage, plus $15 per week for each dependent child, subject to the state maximum. There’s a five-day waiting period for benefits. Temporary partial disability benefits: * Equal to two-thirds of your pre-injury gross weekly wage minus your post-injury gross wages. TPD ends when your wages return to at least 90% of your gross weekly pre-injury wages and is capped at five years. Permanent partial disability benefits: Amount varies by injury and is paid out once you reach maximum medical improvement. Permanent total disability benefits: Equal to two-thirds of your pre-injury gross weekly wage, reduced by 50% once you’re receiving SSDI. Other notable coverage: Varies by relationship to the deceased. Surviving spouses receive death benefits equal to two-thirds of a deceased's weekly wage, up to 125% of the state's average weekly wage, plus up to $15 each week for each dependent child. They also receive a one-time payment of $2,500, plus $800 for each dependent child, and up to $10,000 in funeral expenses. Total death benefits are capped at $300,000.
Ohio workers’ compensation
Program administrator: Ohio Bureau of Workers’ Compensation Employers required to provide coverage: All employers with one or more employees Medical benefits: Employers must cover all authorized medical treatment related to the injury, including mileage reimbursement. Temporary total disability benefits: For the first 12 weeks of injury, benefits are equal to 72% of the worker’s full weekly wage. After that, benefits are equal to two-thirds of your average weekly wage, subject to the current state maximum of $932 per week. There’s a seven-day waiting period for benefits; they last for the duration of your disability.Temporary partial disability benefits: Known as Wage Loss (WL) benefits in Ohio, you are eligible for benefits based on the reduction in your earnings, subject to the $932 max. Working wage loss benefits, comparable to standard TTD, caps at 200 weeks. Non-working wage loss, where you’re actively seeking, but haven’t found suitable employment, caps at 52 weeks. If you combine the two, benefits cap at 226 weeks with a few exceptions.Permanent partial disability benefits: Awards are calculated by multiplying two-thirds of your average weekly wage by the number of weeks correlated to the severity of your injury. The maximum number of weeks is 200. Permanent total disability benefits: Equal to two-thirds of the average weekly wage, subject to the current max, and payable for life. Other notable coverage: Surviving dependents are eligible for death benefits based on level of dependency and subject to the $932 max, plus funeral expenses up to $5,500. Ohio also has a Disabled Workers’ Relief Fund, which offers additional benefits to disabled workers whose income falls below the current cost of living.
Oklahoma workers' compensation
Program administrator: Oklahoma Workers’ Compensation Commission Employers required to provide coverage: Most businesses, with notable exceptions made for certain agricultural employers Medical benefits: Employers must cover reasonable and necessary medical treatment related to the injury, though they can decide the health care provider. Temporary total disability benefits: Equal to 70% of your average weekly wage, but can’t exceed 70% of the state average weekly wage, and subject to the current state maximum of $590.63 per week (as of 2018). There’s a three-day waiting period for benefits. TTD can last for a maximum of 104 weeks, plus 52 weeks for any consequential injury.Temporary partial disability benefits: Equal to 70% of the difference between the your pre-injury average weekly wage and your post-injury weekly wage, subject to the weekly cap of $320. Benefits are capped at 52 weeks. Permanent partial disability benefits: Equal to 70% of the injured employee’s average weekly wage (subject to a $323 max) multiplied by a number of weeks (up to 500) based on the severity of the injury.Permanent total disability benefits: Equal to 70% of your average weekly wage, but capped at 100% of the state's average weekly wage, subject to the state max of $843.75 per week (as of 2018). PTD is available for 15 years or until you’re eligible for maximum Social Security benefits (whichever comes first). Other notable coverage: Surviving dependents are eligible for a lump sum death benefit based on their relationship to the deceased. A surviving spouse could receive s $100,000, plus 70% of deceased’s average weekly wage or the state's average weekly wage, (subject to state maximums) whichever is the lesser amount. Death benefits also include up to $10,000 in funeral expenses.
Oregon workers' compensation
Program administrator: Oregon’s Workers’ Compensation Division Employers required to provide coverage: Employers with one or more employees with few exceptions Medical benefits: Employers will provide medical treatment, prescription drugs and most transportation, meals and lodging related to the on-the-job injury. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum of $1,339.38 per week through 2019. There’s a three-day waiting period for benefits with back pay issued if you’re out for 14 days in a row or hospitalized overnight within 14 days of the injury. TTD lasts indefinitely.Temporary partial disability benefits: Equal to two-thirds of your average weekly wage before your injury minus your average weekly wage post-injury, paid for the duration of your disability. Permanent partial disability benefits: Varies by date, severity of the injury, age of the worker, education and adaptability to perform a job post-disability. If amount awarded is greater than $6,000, it’s paid monthly at 4.35 times the TTD rate or in a lump sum. If the award is under $6,000, it will be paid in a lump sum. Permanent total disability benefits: Equal to two-thirds of the worker’s average weekly wage, but subject to the state maximums. PTD could last for life. However, claims are re-evaluated every two years. Other notable coverage: Death benefits are available to dependents, but the amount varies by their relationship to the deceased. Spouses are eligible for monthly benefits equal to 4.35 times two-thirds of the state’s average weekly wage, which currently amounts to $2,920.59, plus funeral expenses up to $20,141.
Pennsylvania workers' compensation
Program administrator: Pennsylvania Department of Labor and Industry Employers required to provide coverage: Employers with one or more employees, whether part-time or full-time, including family members. Medical benefits: All reasonable medical care related to the injury Temporary total disability benefits: Equal to two-thirds your gross weekly wage, subject to the state maximum ($1,025 as of 2018) with a few exceptions for low-paid employees. Capped at 104 weeks. Temporary partial disability benefits: Equal to two-thirds of the difference between the your wages before and after the injury, capped at 500 weeks. Permanent partial disability benefits: Equal to two-thirds your pre-injury wage, multiplied by a number of weeks, based on the loss in question. Permanent total disability benefits: Equal to two-thirds your gross weekly wage, subject to the state maximum, with a few exceptions for low-paid employees. Once 104 weeks of TTD is paid out, you must have a medical exam to continue benefits. Other notable coverage: Dependents are eligible for death benefits up to two-thirds of the deceased worker’s average weekly wage (subject to the state maximum), though the exact amount varies by relationship and the number of dependent children. Families are also eligible for up to $3,000 for burial expenses.
Rhode Island workers' compensation
Program administrator: Rhode Island Department of Labor and Training Employers required to provide coverage: Employers with one or more employers, with standard exceptions Medical benefits: The employer’s insurance covers all bills related to the injury, and you can pick your first primary physician. There are limits on palliative care once you reach maximum medical improvement. Temporary total disability benefits: Equal to 75% of your spendable wage (earnings minus withholding) and subject to the state maximum ($1,253 as of 2018) and a three-day waiting period (no retroactive pay). You also receive $15 per dependent per week.Temporary partial disability benefits: Equal to 75% of your spendable base wage (earnings minus withholding) minus what you are making in your modified position. TTD and TPD are available until you return to work or reach maximum medical improvement. Permanent partial disability benefits: Depends on the severity of the injury, but benefits are generally between $45 and $90 per week for a certain number of weeks, paid with TTD or as a lump sum. Permanent total disability benefits: Equal to 75% of your spendable base wage (earnings minus withholding) and subject to the state maximum. Other notable coverage: Surviving spouses are eligible for benefits equal to 75% of the deceased’s spendable base wages, subject to the state maximum, plus $40 per week per child and up to $20,000 in burial expenses.
South Carolina workers' compensation
Program administrator: South Carolina Workers’ Compensation Commission Employers required to provide coverage: Employers with four or more employers, including part-time workers and family members. Medical benefits: Insurance covers 100% of medical expenses related to the workplace injury, but employers can select your treating physician. Temporary total disability benefits: Equal to two-thirds of your average weekly wages, subject to a $838.21 maximum (as of 2018) and a seven-day waiting period, with back pay only issued if you’re out of work for 15 days or more. Temporary partial disability benefits: Equal to two-thirds of your average weekly wages minus what you’re making, subject to 340-week cap. Permanent partial disability benefits: The amount varies by severity of injury, but is subject to a 340 week-cap. Permanent total disability benefits: Equal to two-thirds of your average weekly wages, but subject to a 500-week cap. Paraplegics, quadriplegics and employees who incur physical brain damage are eligible to receive weekly compensation benefits for life. Other notable coverage: Dependents are eligible for death benefits up to 500 weeks and burial expenses up to $2,500.
South Dakota workers' compensation
Program administrator: South Dakota Department of Labor and Regulation Employers required to provide coverage: None Medical benefits: Employers must cover all medical bills related to the workplace injury. You can choose your doctor, but the employer and insurer are entitled to request a second opinion for which they must cover the cost. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to a weekly $805 maximum and a seven-day waiting period. Benefits are paid until you return to work or reach maximum medical improvement. Temporary partial disability benefits: Equal to two-thirds of your average weekly wage, minus your pre-injury wage. Permanent partial disability benefits: Varies by disability, with payments made weekly or bi-weekly until a lump sum is approved. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to the weekly maximum and payable for life. Other notable coverage: Varies, depending on your relationship to the deceased. Surviving spouses are eligible for death benefits up to two-thirds of the deceased’s average weekly wage, subject to the state maximum, plus $50 per month per dependent child They can also receive up to $10,000 in burial expenses.
Tennessee workers' compensation
Program administrator: The Tennessee Department of Labor & Workforce Employers required to provide coverage: Any employer with five or more employees, both full and part-time. There are some notable exceptions for construction and mining employers. Medical benefits: The employer must cover all medical bills related to the employee’s injury with some say over the treating physician, and travel expenses to and from medical treatment. Temporary total disability benefits: Equal to two-thirds of your average weekly wages, subject to a $1,021.90 weekly maximum through June 2019 and an eight-day waiting period with back pay issued if the disability lasts 14 days. Temporary partial disability benefits: Equal to two-thirds of the difference between your gross light duty wages and your average weekly wage. Permanent partial disability benefits: Equal to two-thirds of your average weekly wages with the exact amount determined by the severity of the injury. Permanent total disability benefits: Equal to two-third of your average weekly wages, subject to $929 weekly maximum through June 2019. Other notable coverage: Equal to two-thirds of the deceased’s average weekly wages, subject to the state maximum, when there is a surviving spouse and dependent; Equal to 50% of the deceased average weekly wages when there is only a surviving spouse. Dependents can also receive up to $10,000 for burial expenses.
Texas workers' compensation
Program administrator: Texas Department of Insurance Employers required to provide coverage: None Medical benefits: All reasonable medical care related to the injury
Texas structures benefits a bit differently. Employees are eligible for the following:
Temporary income benefits (TIB): Equal to 70% of the difference between your average weekly wage and the wages you earn after your work-related injury, subject to the state maximum ($938 as of 2018). TIB begins eight days after the injury and continues until you reach maximum medical improvement. Impairment income benefits (IIB): If you reach maximum medical improvement, but are unable to return to work, you are eligible for IIB. Benefits are equal to 70% of your average weekly wage, subject to the state maximum ($656 as of 2018), payable for a number of weeks that correlates to the severity of your injury. Supplemental income benefits (SIB): Severely disabled workers are eligible for SIB, once IIB payments run out. Benefits are equal to 80% of the difference between 80% of your average weekly wage and your weekly wages after your work-related injury, subject to the state maximum ($656). TIB, IIB and SIB combined are capped at 401 weeks. Lifetime Income Benefits (LIB): Equal to up to 75% of average weekly wages, initially subject to the state maximum ($938), with a 3% increase each year. Other notable coverage: Surviving dependents are eligible for death benefits up to 75% of the deceased's average weekly wage, subject to state maximum ($938), and possible burial expenses.
Utah workers' compensation
Program administrator: Utah Labor Commission Employers required to provide coverage: All employers with a few standard exceptions. Medical benefits: The employer must cover all reasonable medical expenses related to the workplace injury. They can only stipulate a health care provider on your first visit. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, plus $20 for a dependent spouse and $20 per dependent child (up to four children), not to exceed 100% of the state’s average weekly wage ($879 through June 2019).Temporary partial disability benefits: Equal to two-thirds the the difference between your average weekly wages before the accident and your weekly wages earned after the accident, plus your dependent allowance, but subject to the state maximums. TTD and TPD are capped at 312 weeks. Permanent partial disability benefits: Equal to two-thirds of your average weekly, plus dependent allowance, multiplied by a number of weeks correlated to the severity of your injury. Permanent total disability benefits: Equal to two-thirds of your average weekly wage for the first 312 weeks of disability. After which, compensation is 36% of the current state average weekly wage, rounded to the nearest dollar. Other notable coverage: Surviving spouses are eligible for death benefits equal to two-thirds of the deceased’s average weekly wage, plus the dependent allowance, so long as it doesn’t exceed the state maximum, for a period of 312 weeks. After 312 weeks, extended benefits are subject to review. Dependents can also receive up to $9,000 in burial expenses.
Vermont workers' compensation
Program administrator: Vermont Department of Labor Employers required to provide coverage: Employers with one or more full-time or part-time employees Medical benefits: Employers must cover all reasonable medical care related to the injury. Temporary total disability benefits: Equal to two-thirds of your standard wage, plus an extra $10 per week for each dependent child, subject to a weekly maximum of $1,311 through June 2019. Benefits are subject to a four-day waiting period. They continue until you return to work or reach maximum medical improvement. Temporary partial disability benefits: Equal to two-thirds of your standard wage minus your part-time pay. Permanent partial disability benefits: Amount varies by severity of your injury and is paid periodically unless a request for a lump sum is approved by the state’s Workers' Compensation and Safety Division. Permanent total disability benefits: Equal to two-thirds of your standard wage, paid for a minimum of 330 weeks. Other notable coverage: Death benefits vary by relationship to the deceased: Surviving spouses are eligible for two-thirds the average weekly wage, subject to the state’s max, while surviving spouses with dependents are eligible for up to 76.6% of the deceased’s average weekly wage. Dependents can also receive up to $10,000 in burial expenses.
Virginia workers' compensation
Program administrator: Virginia Workers’ Compensation Commission Employers required to provide coverage: Any business with more than two employees. Policies must cover all work performed in Virginia, even temporary work. Medical benefits: All reasonable medical care related to the injury Temporary total disability benefits: Equal to two-thirds your regular wages, based upon earnings for the 52 weeks prior to your injury, subject to the state maximum ($1,082 as of 2018). There’s a seven-day waiting period for benefits, with back pay issued, if you’re out of work for over 21 days. TTD is capped at 500 weeks. Temporary partial disability benefits: Equal to two-thirds of the difference between the worker’s wages before and after his injury, also capped at 500 weeks. Permanent partial disability Benefits: Equal to two-thirds your regular wages, multiplied by a number of weeks correlated to the severity of your injury and paid out once you reach maximum medical improvement. Permanent total disability benefits: Equal to two-thirds of your gross average weekly wage for the duration of the disability. Other benefits: Dependents are eligible for death benefits up to two-thirds of the deceased average weekly wages, subject to the state maximum, for a maximum 500 weeks from the date of injury. They can also receive up to $10,000 in burial expenses.
Washington workers' compensation
Program administrator: Washington State Department of Labor and Industries Employers required to provide coverage: Employers with one or more employees with the standard exceptions. Medical benefits: Employers must cover all reasonable medical treatment related to your workplace injury. You may choose a doctor for your first visit, but after that, your employer can ask you stay in-network. Temporary total disability benefits: Equal to 60% to 75% of your wages, depending on how many dependents you have and the state’s current average weekly wage ($1,190 as of 2018) . There’s a three-day waiting period for benefits; they’re paid until you return to work or reach maximum medical improvement. Temporary partial disability benefits: Equal to 80% of your pre-injury wages minus post-injury wages. Permanent partial disability benefits: Varies, depending on the severity of your injury, which must be rated by a qualified doctor. Permanent total disability benefits: Permanent and totally disabled workers are eligible for a monthly pension. The amount depends on your wages, the state’s average wage at the time of your injury, your marital status, number of dependent children, health-care benefits and Social Security benefits. Other notable coverage: Survivors are also eligible to receive this monthly pension; the maximum benefit is currently 120% of the statewide average wage for the year prior to the pension award. Domestic partners and spouses are also eligible for a one-time immediate death benefit and burial expenses.
Washington D.C. workers' compensation
Program administrator: Washington D.C. Department of Employment Services Employers required to provide coverage: Employers with one or more employees Medical benefits: Employers must cover all reasonable medical expenses related treatment for the workplace injury. Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum ($1,491.90 as of 2018). Benefits are subject to a three-day waiting period (with back pay issued if the disability lasts longer than 14 days). They’re paid until you return to work or reach maximum medical improvement. Temporary partial disability benefits: Equal to two-thirds of your average weekly wage pre-injury, minus your average weekly wage post-injury, paid for a maximum of 5 years.Permanent partial disability benefits: Equal to two-thirds of your average weekly wage multiplied by a number of weeks correlated to your injury. Permanent total disability benefits: Equal to two-thirds of your average weekly wage, subject to the state maximum and potentially available for life. Other notable coverage: Death benefits vary by relationship to the deceased, with surviving spouses or domestic partners eligible to receive benefits totalling 50% of the average wages of the deceased, subject to the state maximum, and an additional 16.6% of the wages per dependent child. They’re also eligible for up to $5,000 in funeral expenses.
West Virginia workers' compensation
Program administrator: West Virginia Employers required to provide coverage: All employers with a few standard exceptions Medical benefits: All reasonable medical care related to the injury Temporary total disability benefits: Equal to two-thirds of your average weekly wage, subject to a state maximum of $823.14 as of 2018 and limited to 104 weeks. Temporary partial disability benefits: Equal to 70% of the difference between your average weekly earnings before and after the injury, also limited to 104 weeks. Permanent partial disability benefits: Varies by injury, but the weekly benefit amount is subject to the state maximum of $576.20 as of 2018. Permanent total disability benefits: Equal to two-thirds of your weekly wage, subject to the state’s maximum, paid out potentially for life. Other notable coverage: Surviving dependents are eligible for death benefits equal to two-thirds of the deceased’s average weekly wage, subject to a state maximum of $823.14 and up to $7,000 to cover burial expenses.
Wisconsin workers' compensation
Program administrator: Wisconsin Department of Workplace Development Employers required to provide coverage: Companies employing three or more full-time or part-time employees Medical benefits: All reasonable and necessary medical expenses related to the disability Temporary total disability benefits: Equal to two-thirds of your average weekly earnings, subject to the 2018 state maximum of $1,491. There is a three-day waiting period of coverage, with back pay issued if the disability lasts seven days or more. TTD benefits are paid until you return to work or your condition is no longer expected to improve — you become eligible for permanent disability benefits. Temporary partial disability benefits: Equal to TTD benefits minus the wages you’re making in your modified position, subject to the state max. Permanent partial disability benefits: Amount and duration of benefits vary by the severity of your injury, but are subject to a weekly ($362), monthly ($1,568.67) and annual maximum ($74,550) as of 2018. Permanent total disability benefits: Equal to two-thirds of the employee’s average weekly wage subject to $1,491 maximum, payable for life. Other notable coverage: Death benefits vary by relationship. Surviving spouses are entitled to a maximum death benefit of four times the average annual earnings ($298,200 as of 2018), paid out monthly at a corresponding maximum. Dependents can also receive up to $10,000 for burial expenses.
Wyoming workers'compensation
Program administrator: Wyoming Department of Workforce Services Employers required to provide coverage: All of them, with a few standard exclusions; Unlike most states, Wyoming mandates employers purchase workers' compensation insurance from its state fund. They can’t purchase a private plan or self-insure.Medical expenses: All care directly related to the illness or injury. Temporary total disability benefits: Equal to two-thirds of your monthly gross income or 30% of the statewide average monthly income ($3,779.75 in 2018), depending on how much you normally earn each month. Payments are made for up to 24 months. You are not paid for the first three days of lost wages, unless your disability lasts eight days or more.Temporary partial disability benefits: Equal to 80% of the difference between your modified wage and your actual monthly wages prior to your workplace illness or injury. Permanent partial disability benefits: The length and amount of compensation depends on salary, age, occupation, education and career plans. Permanent total disability benefits: You can apply for up to 80 months worth of income replacement. Total compensation varies by salary, age, occupation, education and career plans. Once the 80 months elapses, you must reapply annually to renew benefits. Other notable coverage: Dependents are eligible for varying death benefits. For instance, a spouse can receive up to 100 months of benefits with total compensation based on a percentage of wages at the time of death compared to the state average. Dependents can receive up to $5,000 in burial expenses.