Workers’ comp law varies so much from state to state, keeping track is a daunting task. After a bit of research, it appears there are differences in workers’ comp law pertaining to indemnity expense. If you are new to the risk management with cases in wage loss states, hopefully you will find this research useful. A useful resource is http://www.reduceyourworkerscomp.com/workers-compensation-state-laws-and-regulations.php States With High Wage Loss Exposure (Indemnity Payments) After a Case Reaches (Maximum Medical Improvement (MMI) Michigan Illinois Pennsylvania Louisiana Maine New Hampshire New York Additional state information will be added as research continues. States Without Wage Loss Exposure (Indemnity Payments) Once A Case Reaches MMI Alabama Arizona Arkansas Colorado Connecticut Florida MIssissippi Missouri New Jersey Tennessee Different “Benefits” In Different States Florida has “impairment benefits” and no wage loss payments. These payments are determined based on the injury, and continue for a specified amount of time. They are not affected by re-employment of the injured worker in any way. The injured worker receives the same impairment benefit, whether working or not. Some states have wage loss exposure limited by the rating of the permanent disability or the percentage of disability. Most of these charts are available on each state Workers’ Comp Board website. For a list of state boards: http://www.ic.nc.gov/ncic/pages/wcadmdir.htm#al For example: In the District of Columbia, the length of time an injured worker can receive indemnity payments is based on the injury, injury x = x# of weeks. In Michigan, there is no time limit on indemnity payments for permanent partial disability. In New Hampshire the limit is 262 weeks (including the weeks the injured worker was considered temporarily disabled). In Maine and Louisiana the limit is 10 years or 520 weeks. In New York Permanent Partial Disability cases are eligible for indemnity payment to continue depending on injury from a minimum of 225 weeks to a maximum of 525 weeks. (workersxzcompxzkit) Pennsylvania has a limit of 500 weeks for partial permanent disability indemnity payments. In states where there is a continuance of indemnity, or wage loss, payments required from the employer or insurer, the injured worker has an obligation to actively pursue re-employment and/or to make an effort to obtain work. When an injured worker returns to work, depending on the pay variance, the employer may be obligated to continue to make up the difference between the original wage earned when the employee was injured and the new wage. This also varies by state. But, the insurer can apply to the Workers’ Comp board to discontinue payments if they determine the injured worker (workers’ comp claimant) is not actively pursuing re-employment. Source of services: One company I found that does this is www.NationalJobFinders.com, and they’ll provide a free case analysis before they take the project. Click on the ad on the left side of the blog at https://blog.reduceyourworkerscomp.com. Give it a try! END OF ARTICLE Please send contributed articles to: [email protected].
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workman’s comp issues.
