Workers' Compensation
(On-the-Job Injury or Illness)

Disability Classifications

An injured worker's health care provider will determine the extent of the disability. Cash benefits are directly related to the following disability classifications:

Temporary Total Disability

The injured worker's wage-earning capacity is lost totally, but only on a temporary basis.

Temporary Partial Disability

The wage-earning capacity is lost only partially, and on a temporary basis.

Permanent Total Disability

The employee's wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable. In certain instances, an employee may continue to engage in business or employment, if his/her wages, combined with the weekly benefit, do not exceed the maximums set by law.

Permanent Partial Disability

Part of the employee's wage-earning capacity has been permanently lost on the job. If the work related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss, except for schedule loss of use. If there is no wage loss or reduced earnings as the result of the partial disability, only medical benefits are payable.

Schedule Loss

This is a special category of Permanent Partial Disability, and involves loss of eyesight or hearing, or loss of a part of the body or its use. Compensation is limited to a certain number of weeks, according to a schedule set by law.

If the work related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant's loss of wage-earning capacity. The maximum number of weeks is set forth in statute as follows:

525 weeks for loss of wage earning capacity of greater than 95%
500 weeks for loss of wage earning capacity of greater than 91% thru 95%
475 weeks for loss of wage earning capacity of greater than 86% thru 90%
450 weeks for loss of wage earning capacity of greater than 81% thru 85%
425 weeks for loss of wage earning capacity of greater than 76% thru 80%
400 weeks for loss of wage earning capacity of greater than 71% thru 75%
375 weeks for loss of wage earning capacity of greater than 61% thru 70%
350 weeks for loss of wage earning capacity of greater than 51% thru 60%
300 weeks for loss of wage earning capacity of greater than 41% thru 50%
275 weeks for loss of wage earning capacity of greater than 31% thru 40%
250 weeks for loss of wage earning capacity of greater than 16% thru 30%
225 weeks for loss of wage earning capacity of 15% or less

Disfigurement

Serious and permanent disfigurement to the face, head or neck may entitle the worker to compensation up to a maximum of $20,000, depending upon the date of the accident.