Rhode Island is included on the above list, but the maximum of $57 is payable only if the worker is not receiving benefits under the State temporary disability insurance law; otherwise the maximum is $40. Ohio pays a maximum of $56 for the first 12 weeks, but drops to $49 thereafter. Under 13 laws, the maximums range from $40 to under $50; while the remaining 15 still set maximums of under $40 a week. Most of the laws limit the period during which temporary total benefits may be paid; this ranges from 208 to 500 weeks. There is a growing trend, however, toward paying benefits for the entire period of disability with no limitation on the amount, and the following 13 States as well as the Federal Employees' Act now contain such provisions: Seven other laws, those of Alaska, the District of Columbia, Hawaii, Massachusetts, New York, Ohio, and the longshoremen's act specify payments of benefits for the entire period of disability, but set a maximum monetary limitation. Injured persons who are compensated for temporary total disability may receive additional benefits for dependent children in 16 States.2 PERMANENT PARTIAL DISABILITY A permanent partial disability means that a worker has a permanent injury, but is not completely disabled. He is usually able to work. If he cannot go back to his old job, he can often do, or be trained to do, other types of work. There are two classes of permanent partial disabilities: "Schedule" injuriesthose specific injuries listed in the law, such as the loss of an arm, leg, eye, or other member of the body; and "nonschedule" injuries, which are those of a more general nature, such as a disability caused by injury to the head or back. Table 8 shows minimum and maximum benefits for both schedule and nonschedule injuries. It shows the maximum percentage of wages or wage loss on which the benefits are computed. That is, for schedule injuries the benefits are usually based on average weekly wages, and for nonschedule injuries on the basis of "wage loss"-that is, the difference between wages before injury and wages after injury. The maximum payments per week shown in the table apply, as a rule, to both kinds of permanent partial disability, and the same is true of the maximum totals in the last column of the table. Where there are different maximums for schedule and nonschedule, this is indicated on the table. 2 Alabama. Arizona. Idaho, Illinois, Iowa, Massachusetts, Michigan, Montana, Nevada, North Dakota. Oregon, Rhode Island (if not receiving temporary disability insurance), Utah, Vermont, Washington, and Wyoming. Connecticut: Beginning October 1963, the maximum amounted to $57 a week. In case total disability begins after a period of partial disability, the period of partial disability sha be deducted from the specified period for temporary total. Massachusetts: Maximum $18,000 for temporary total and permanent partial disability. New Jersey: Benefits are set in accordance with a "wage and compensation schedule." Under this schedule, the 662%-percent level is adhered to fairly closely for workers earning wages of $45 a week or less. For workers who earn more, the schedule specifies benefits which are less than 66% percent. For instance, a worker earning $60 a week is entitled to a compensation benefit of $36, or 60 percent. North Carolina: The 400 weeks and $12,000 do not apply in cases of permanent total disability resulting from an injury to the brain or spinal cord or from loss of mental capacity caused by an injury to the brain. 10 Rhode Island: After 1,000 weeks, or after $16,000 has been paid, payments to be made from 2d injury fund for period of disability. The allowance of up to $12 a week for dependent children is also payable from this fund. TABLE 8.-Minimum and maximum benefits for permanent partial disability 1 Alabama.. Alaska... Arizona.. Arkansas Connecticut. Idaho.. Iowa..... See footnotes at end of table, p. 933. West Virginia.. 6623 336 weeks 5 18 $22 Wisconsin. 70.. 1,000 weeks 7 $14. Wyoming. In proportion to schedule injuries.❜ $38. $44.50. $20.77 to $25.38 according to marital $20.77 to $25.38 according to status. $41,54, or actual wage if less (schedule). No statutory minimum for nonschedule. marital status. $121.15. $18 or average wage if less (schedule). $70. No statutory minimum for nonschedule. 1 In some States the benefits listed do not apply if the disability is due either to sillcosis or to any occupational disease. (See p. 38.) 2 Generally for schedule injuries percentage is figured on average weekly wages, and for nonschedule injuries on the basis of the difference between wages before injury and wages after injury. Figure given is the amount paid for both schedule and nonschedule injuries unless 4 According to number of dependents. In Illinois, according to number of dependent In case the partial disability begins after a period of total disability, the period of In addition to compensation for temporary total disability, which is limited in some 8 California: 4 weeks of compensation for each 1 percent of permanent disability, and Colorado: If periodic disability benefits are payable to the worker under the Federal OASDI, the workman's compensation weekly benefits shall be reduced (but not below zero) by an amount approximating such Federal benefits for such week. If disability benefits are payable under an employer pension plan, the workmen's compensation benefits shall be reduced in an amount proportional to the employer's percentage of total contributions to the plan. 10 Kentucky: Where compensation is paid for other types of disability, the period of such payments is deducted from the 400 weeks. $24,000. 11 Massachusetts: $18,000 is the maximum for temporary total and permanent partial 12 New Jersey: Benefits set in accordance with a "wage and compensation schedule." 13 Ohio: Employee may elect benefits under 1 of 2 plans: "A" under which benefits 14 Oregon: Schedule permanent partial injuries are compensated at the rate of $46.50 15 Rhode Island: If employee cannot obtain suitable work and employer cannot give him such work or show it is available elsewhere, weekly benefits for partial incapacity are paid at the same rate as for total incapacity ($45 maximum). 16 Utah: The maximum $8,987 applied in cases of accidental injury. In cases of permanent partial disability due to an occupational disease, the maximum benefits are $4,309. 17 Vermont: In case the partial disability begins after a period of total disability no deduction for the period of total disability is made unless the combination of both periods exceeds the statutory maximum of 330 weeks. In no case can the combined total of all types of compensation exceed the 330 weeks. (Orvis v. Hutchins, 123 Vt. 18.) 18 West Virginia: For a disability of 85 to 100 percent, benefits are payable during life. The benefits shown on this table apply in cases of disability due to accidental injury. In the following States, lower or sometimes no benefits are payable for permanent partial disability due to silicosis, or in some cases to any occupational disease: Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Iowa, Kansas. Maine, Maryland, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Utah, and Vermont. The maximum periods shown on table 8 for payment of benefits are for nonschedule injuries. In Arizona, New York, and under the Federal employees' act, in cases of nonschedule injuries, benefits are paid for the period of disability. with no limitation on the number of weeks or the total maximum benefits. Under seven other laws (Alaska, Colorado, District of Columbia, Hawaii, Maryland, Massachusetts, and the longshoremen's act), there are no limitations on the number of weeks, but the maximum monetary benefits are limited. Four States-Idaho, Oregon, Washington, and Wyoming-pay in proportion to the amount allowed for certain schedule injuries, and one, Iowa, in proportion to permanent total benefits. Under the remaining laws, there is a specific number of weeks for which payments may be made, ranging from 300 to 1,000 weeks. Where there are maximum monetary benefits, they range from $6,000 to $25,000. Additional benefits for dependent children are granted workers suffering permanent partial disability (either schedule, nonschedule, or both) in eight States: Alabama, Illinois, Massachusetts, Michigan, Montana, Oregon, Utah, and Wyoming. Period of compensation payments for schedule injuries.—Table 9 shows the number of weeks for which benefits are payable for certain schedule injuries under each of the 54 laws. The principle underlying this method of payment is that it is to the advantage of the worker to provide a known period within which he can adjust himself to his handicap and to recover his place in industry. In about half of the workmen's compensation laws, there are provisions for rehabilitation in the form of retraining, education, placement, and job guidance to help the injured person find suitable work before the period of compensation runs out. As shown in table 9, the laws of 46 States, as well as those of the District of Columbia, Puerto Rico, and the Federal employees' and longshoremen's acts. have established schedules stating the number of weeks during which compensation shall be paid for schedule or specified injuries. Under the laws of the remaining four States, the payments are determined by other methods. In Alaska, Washington, and Wyoming, the law provides for fixed sums for each schedule injury. In Oregon, the law sets $46.50 for each degree of injury, and each injury is assigned a certain number of degrees. The monetary benefits for these injuries are determined by using tables 8 and 9 together, table 8 giving the maximum weekly benefits payable and table 9 the number of weeks for which payments are made. The table also shows variations in the meaning of certain terms. For instance, in providing payments for loss or loss of use of an arm at the shoulder. some laws specify only loss or loss of use of an arm; others specify that the loss at the elbow is the same as loss at the shoulder. A few pay the same compensation for loss of an arm anywhere above the wrist as for loss at the shoulder. These variations, and similar provisions for loss of leg, appear on table 9. However, where a different period of time is set for loss of an arm at the elbow, as is the case in a few jurisdictions, this figure is not shown on the table. The table also shows certain variations for loss of fingers and toes. However, not all, but only major, variations in the laws are indicated on the table. Where there is a difference between hand, and hand and wrist combined. See table 9 for the number of weeks that payments are made for certain schedule injuries. |