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Workers' compensation benefits

Topics covered in this section
Death benefits

Mileage rates
Modification to Whole Person Impairment
Statewide average weekly wage (SAWW)
Temporary / permanent disability and supplemental job displacement benefit

Death benefits

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness. This includes reasonable burial expenses, not exceeding $5,000 for injuries before Jan. 1, 2013 and $10,000 for injures on or after Jan. 1, 2013. The amount of the death benefit depends on the number of total and/or partial dependents. In the case of one or more totally dependent minors, after payment of amounts specified below, death benefits will continue until youngest minor's 18th birthday (disabled minors receive benefits for life). Death benefits are paid at the total temporary disability rate, but not less than $224.00 per week. The period within which to commence proceedings for the collection of death benefits is one year from death where death occurs within one year of date of injury (DOI); or one year from date of last furnishing of any benefits or one year from death where death occurs more than one year from DOI. No such proceedings may be commenced more than 240 weeks from the DOI.

Dates Burial expenses 1 total dependents 2 or more total dependents 3 or more total dependents 1 total plus 1 or more partial dependents 1 or more partial dependents
For injuries on or after Jan. 1, 2013
$10,000
$250,000
$290,000
$320,000
$250,000 plus four times annual support for partial dependents not to exceed $290,000
Eight times annual support not to exceed $250,000
For injuries prior to Jan. 1, 2013
$5,000
$250,000
$290,000
$320,000
$250,000 plus four times annual support for partial dependents not to exceed $290,000
Eight times annual support not to exceed $250,000

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Mileage rates

An injured worker is entitled to reimbursement of reasonable expenses of transportation if they have to travel to get treatment for a work injury. Reasonable expenses of transportation includes mileage, parking, and bridge tolls. Mileage for reasonable travel to and from doctors, hospitals, therapy or pharmacy is payable as follows:

Date ˘ per mile Mileage form
On or after 1/1/2014
$.56
On or after 1/1/2013
$.565
On or after 7/1/2011
$.555
On or after 7/1/2011
$.555
1/1/2011 - 7/1/2011
$0.51
1/1/2010 - 12/31/2010
$0.50
1/1/2009 - 12/31/2009
$0.55
7/1/2008 - 12/31/2008
$0.485
1/1/2008 - 6/30/2008
$0.505
1/1/2007 - 12/31/2007
$0.485
7/1/2006 - 1/1/2007
$0.445

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Modification to whole person impairment

Whole person impairment is converted to disability using modifiers in the Permanent Disability Rating Schedule (PDRS). For injuries on or after Jan. 1, 2013, the future earning capacity (FEC) modifier is eliminated and replaced with a 1.4 modifier of the whole person impairment. Therefore, when rating permanent disability, replace the FEC adjustment in the 2005 PDRS, with the 1.4 whole person modifier chart below. Look up the whole person impairment on the chart and read right across for the modified whole person after the 1.4 adjustment. After the 1.4 modification of whole person impairment, use the 2005 PDRS to adjust for occupation and age to arrive at permanent disability.

WPI
1.4 Adjustment WPI 1.4 Adjustment WPI 1.4 Adjustment WPI 1.4 Adjustment
1 1 26 36 51 71 76 100
2 3 27 38 52 73 77 100
3 4 28 39 53 74 78 100
4 6 29 41 54 76 79 100
5 7 30 42 55 77 80 100
6 8 31 43 56 78 81 100
7 10 32 45 57 80 82 100
8 11 33 46 58 81 83 100
9 13 34 48 59 83 84 100
10 14 35 49 60 84 85 100
11 15 36 50 61 85 86 100
12 17 37 52 62 87 87 100
13 18 38 53 63 88 88 100
14 20 39 55 64 90 89 100
15 21 40 56 65 91 90 100
16 22 41 57 66 92 91 100
17 24 42 59 67 94 92 100
18 25 43 60 68 95 93 100
19 27 44 62 69 97 94 100
20 28 45 63 70 98 95 100
21 29 46 64 71 99 96 100
22 31 47 66 72 100 97 100
23 32 48 67 73 100 98 100
24 34 49 69 74 100 99 100
25 35 50 70 75 100 100 100

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Statewide average weekly wage (SAWW)

Permanent total disability benefits (based on permanent disability of 100%) are paid for life, at the temporary disability rate. For injuries that occur on or after January 1, 2003, the benefit rate will be adjusted each year based on any increase in the state average weekly wage (SAWW).

Year SAWW SAWW increase
2015
$1,095.70
2.6666%
2014
$1,067.25
0.742887%
2013
$1,059.38
5.56325%
2012
$1,003.55
2.41351%
2011
$979.90
0.00000%
2010
$984.83
2.99410%
2009
$956.20
4.54844%
2008
$914.60
3.93182%
2007
$880.00
4.95933%
2006
$838.42
4.00814%
2005
$806.11
1.97470%

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Temporary / permanent disability and SJDB

The chart found below, can be used to determine the temporary and permanent disability rates as well as the amount of the SJDB voucher, if applicable, for a work-related injury or illness.

Date of
injury
Average
Weekly Earnings
Temporary Disability Rate Permanent Disability (PD) Percentage PD Minimum Weekly Rate PD Maximum Weekly Rate SJDB
1/1/15
Below $248.24
$165.49
1 to 54
$160.00
$290.00
$6,000
$248.24 - $1,654.94
2/3 x AWW
55 to 69
$160.00
$290.00
$6,000
Above
$1,654.94
$1,103.29
25 to 69
$160.00
$290.00
$6,000
70 to 99
$160.00
$290.00
$6,000
1/1/14
Below $241.78
$161.19
1 to 54
$160.00
$290.00
$6,000
$241.78 - $1,611.96
2/3 x AWW
55 to 69
$160.00
$290.00
$6,000
Above
$1,611.96
$1,074.64
25 to 69
$160.00
$290.00
$6,000
70 to 99
$160.00
$290.00
$6,000
1/1/13
Below $240.00
$160.00
1 to 54
$160.00
$230.00
$6,000
$240.00 - $1,600.08
2/3 x AWW
55 to 69
$160.00
$270.00
$6,000
Above
$1,600.08
$1,066.72
25 to 69
$160.00
$270.00
$6,000
70 to 99
$160.00
$290.00
$6,000
1/1/12 - 12/31/12
Below $227.36
$151.57
1 to 14
$130.00
$230.00
$4,000
$227.36 - $1,515.75
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,515.75
$1,010.50
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/11 - 12/31/11
Below $222.00
$148.00
1 to 14
$130.00
$230.00
$4,000
$222.00 - $1,480.04
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,480.04
$986.69
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/10 - 12/31/10
Below $222.00
$148.00
1 to 14
$130.00
$230.00
$4,000
$222.00 - $1,480.04
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,480.04
$986.69
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/09 - 12/31/09
Below $215.55
$143.70
1 to 14
$130.00
$230.00
$4,000
$215.55 - $1,437.02
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,437.02
$958.01
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/08 - 12/31/08
Below $206.18
$137.45
1 to 14
$130.00
$230.00
$4,000
$206.18 - $1,374.50
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,374.50
$916.33
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/07 - 12/31/07
Below $198.37
$132.25
1 to 14
$130.00
$230.00
$4,000
$198.37 - $1,322.49
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,322.49
$881.66
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/06 - 12/31/06
Below $189.00
$126.00
1 to 14
$130.00
$230.00
$4,000
$189.00 - $1,260.00
2/3 x AWW
15 to 24
$130.00
$230.00
$6,000
Above
$1,260.00
$840.00
25 to 69
$130.00
$230.00
$8,000
70 to 99
$130.00
$270.00
$10,000
1/1/05 - 12/31/05
Below $189.00
$126.00
1 to 14
$105.00
$220.00
$4,000
$189.00 - $1,260.00
2/3 x AWW
15 to 24
$105.00
$220.00
$6,000
Above
$1,260.00
$840.00
25 to 69
$105.00
$220.00
$8,000
70 to 99
$105.00
$270.00
$10,000
1/1/04 - 12/31/04
Below $189.00
$126.00
1 to 14
$105.00
$200.00
$4,000
$189.00 - $1,092.00
2/3 x AWW
15 to 24
$105.00
$200.00
$6,000
Above
$1,092.00
$728.00
25 to 69
$105.00
$200.00
$8,000
70 to 99
$105.00
$250.00
$10,000
  • AWW - Average Weekly Wages
  • TD Rate - Temporary Disability Payment Amount
  • PD % - Permanent Disability Percentage Rate
  • Min - Minimum Permanent Disability Payment
  • Max - Maximum Permanent Disability Payment
  • VRMA - Vocational Rehabilitation Maintenance Allowance
  • SJDB - Supplemental Job Displacement Benefits

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June 2014