Social Security Programs in the United States

Appendix IV: Workers' Compensation Statutes

Appendix IV: Benefits for temporary total disability provided by workers' compensation statutes, January 1, 1996
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.