Injuries schedule
Sec. 10. (a) With respect to injuries in the following schedule
occurring prior to April 1, 1951, the employee shall receive in
addition to temporary total disability benefits not exceeding
twenty-six (26) weeks on account of the injuries, a weekly
compensation of fifty-five percent (55%) of the employee's average
weekly wages. With respect to injuries in the following schedule
occurring on and after April 1, 1951, and prior to July 1, 1971, the
employee shall receive in addition to temporary total disability
benefits not exceeding twenty-six (26) weeks on account of the
injuries, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages. With respect to injuries in the
following schedule occurring on and after July 1, 1971, and before
July 1, 1977, the employee shall receive in addition to temporary
total disability benefits not exceeding twenty-six (26) weeks on
account of the injuries, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages not to exceed one
hundred dollars ($100) average weekly wages, for the periods stated
for the injuries. With respect to injuries in the following schedule
occurring on and after July 1, 1977, and before July 1, 1979, the
employee shall receive, in addition to temporary total disability
benefits not exceeding twenty-six (26) weeks on account of the
injury, a weekly compensation of sixty percent (60%) of his average
weekly wages, not to exceed one hundred twenty-five dollars ($125)
average weekly wages, for the period stated for the injury. With
respect to injuries in the following schedule occurring on and after
July 1, 1979, and before July 1, 1988, the employee shall receive, in
addition to temporary total disability benefits not to exceed fifty-two
(52) weeks on account of the injury, a weekly compensation of sixty
percent (60%) of the employee's average weekly wages, not to
exceed one hundred twenty-five dollars ($125) average weekly
wages, for the period stated for the injury. With respect to injuries in
the following schedule occurring on and after July 1, 1988, and
before July 1, 1989, the employee shall receive, in addition to
temporary total disability benefits not exceeding seventy-eight (78)
weeks on account of the injury, a weekly compensation of sixty
percent (60%) of the employee's average weekly wages, not to
exceed one hundred sixty-six dollars ($166) average weekly wages,
for the period stated for the injury.
With respect to injuries in the following schedule occurring on
and after July 1, 1989, and before July 1, 1990, the employee shall
receive, in addition to temporary total disability benefits not
exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages, not to exceed one hundred eighty-three
dollars ($183) average weekly wages, for the period stated for the
injury.
With respect to injuries in the following schedule occurring on
and after July 1, 1990, and before July 1, 1991, the employee shall
receive, in addition to temporary total disability benefits not
exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages, not to exceed two hundred dollars ($200)
average weekly wages, for the period stated for the injury.
(1) Amputation: For the loss by separation of the thumb, sixty
(60) weeks, of the index finger forty (40) weeks, of the second
finger thirty-five (35) weeks, of the third or ring finger thirty
(30) weeks, of the fourth or little finger twenty (20) weeks, of
the hand by separation below the elbow joint two hundred (200)
weeks, or the arm above the elbow two hundred fifty (250)
weeks, of the big toe sixty (60) weeks, of the second toe thirty
(30) weeks, of the third toe twenty (20) weeks, of the fourth toe
fifteen (15) weeks, of the fifth or little toe ten (10) weeks, and
for loss occurring before April 1, 1959, by separation of the foot
below the knee joint one hundred fifty (150) weeks and of the
leg above the knee joint two hundred (200) weeks; for loss
occurring on and after April 1, 1959, by separation of the foot
below the knee joint, one hundred seventy-five (175) weeks and
of the leg above the knee joint two hundred twenty-five (225)
weeks. The loss of more than one (1) phalange of a thumb or
toes shall be considered as the loss of the entire thumb or toe.
The loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the thumb or toe and compensation
shall be paid for one-half (1/2) of the period for the loss of the
entire thumb or toe. The loss of not more than one (1) phalange
of a finger shall be considered as the loss of one-third (1/3) of
the finger and compensation shall be paid for one-third (1/3) the
period for the loss of the entire finger. The loss of more than
one (1) phalange of the finger but not more than two (2)
phalanges of the finger, shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) For the loss by separation of both hands or both feet or the
total sight of both eyes, or any two (2) such losses in the same
accident, five hundred (500) weeks.
(3) For the permanent and complete loss of vision by
enucleation or its reduction to one-tenth (1/10) of normal vision
with glasses, one hundred seventy-five (175) weeks.
(4) For the permanent and complete loss of hearing in one (1)
ear, seventy-five (75) weeks, and in both ears, two hundred
(200) weeks.
(5) For the loss of one (1) testicle, fifty (50) weeks; for the loss
of both testicles, one hundred fifty (150) weeks.
(b) With respect to injuries in the following schedule occurring
prior to April 1, 1951, the employee shall receive in lieu of all other
compensation on account of the injuries, a weekly compensation of
fifty-five percent (55%) of the employee's average weekly wages.
With respect to injuries in the following schedule occurring on and
after April 1, 1951, and prior to April 1, 1955, the employee shall
receive in lieu of all other compensation on account of the injuries a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages. With respect to injuries in the following
schedule occurring on and after April 1, 1955, and prior to July 1,
1971, the employee shall receive in addition to temporary total
disability benefits not exceeding twenty-six (26) weeks on account
of the injuries, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages. With respect to injuries in the
following schedule occurring on and after July 1, 1971, and before
July 1, 1977, the employee shall receive in addition to temporary
total disability benefits not exceeding twenty-six (26) weeks on
account of the injuries, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred dollars ($100) average weekly wages, for the period stated
for such injuries respectively. With respect to injuries in the
following schedule occurring on and after July 1, 1977, and before
July 1, 1979, the employee shall receive, in addition to temporary
total disability benefits not exceeding twenty-six (26) weeks on
account of the injury, a weekly compensation of sixty percent (60%)
of the employee's average weekly wages not to exceed one hundred
twenty-five dollars ($125) average weekly wages, for the period
stated for the injury. With respect to injuries in the following
schedule occurring on and after July 1, 1979, and before July 1,
1988, the employee shall receive, in addition to temporary total
disability benefits not exceeding fifty-two (52) weeks on account of
the injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages not to exceed one hundred
twenty-five dollars ($125) average weekly wages for the period
stated for the injury. With respect to injuries in the following
schedule occurring on and after July 1, 1988, and before July 1,
1989, the employee shall receive, in addition to temporary total
disability benefits not exceeding seventy-eight (78) weeks on account
of the injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
sixty-six dollars ($166) average weekly wages, for the period stated
for the injury.
With respect to injuries in the following schedule occurring on
and after July 1, 1989, and before July 1, 1990, the employee shall
receive, in addition to temporary total disability benefits not
exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages, not to exceed one hundred eighty-three
dollars ($183) average weekly wages, for the period stated for the
injury.
With respect to injuries in the following schedule occurring on
and after July 1, 1990, and before July 1, 1991, the employee shall
receive, in addition to temporary total disability benefits not
exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages, not to exceed two hundred dollars ($200)
average weekly wages, for the period stated for the injury.
(1) Loss of use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be
considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange, and
compensation shall be paid for the same period as for the loss
thereof by separation.
(2) Partial loss of use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use
of such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(3) For injuries resulting in total permanent disability, five
hundred (500) weeks.
(4) For any permanent reduction of the sight of an eye less than
a total loss as specified in subsection (a)(3), compensation shall
be paid for a period proportionate to the degree of such
permanent reduction without correction or glasses. However,
when such permanent reduction without correction or glasses
would result in one hundred percent (100%) loss of vision, but
correction or glasses would result in restoration of vision, then
in such event compensation shall be paid for fifty percent (50%)
of such total loss of vision without glasses, plus an additional
amount equal to the proportionate amount of such reduction
with glasses, not to exceed an additional fifty percent (50%).
(5) For any permanent reduction of the hearing of one (1) or
both ears, less than the total loss as specified in subsection
(a)(4), compensation shall be paid for a period proportional to
the degree of such permanent reduction.
(6) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's
compensation board, not exceeding five hundred (500) weeks.
(7) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding two hundred (200) weeks, except that no
compensation shall be payable under this subdivision where
compensation is payable elsewhere in this section.
(c) With respect to injuries in the following schedule occurring on
and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the injury, compensation in
an amount determined under the following schedule to be paid
weekly at a rate of sixty-six and two-thirds percent (66 2/3%) of the
employee's average weekly wages during the fifty-two (52) weeks
immediately preceding the week in which the injury occurred.
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger,
eight (8) degrees of permanent impairment; of the second
finger, seven (7) degrees of permanent impairment; of the third
or ring finger, six (6) degrees of permanent impairment; of the
fourth or little finger, four (4) degrees of permanent
impairment; of the hand by separation below the elbow joint,
forty (40) degrees of permanent impairment; of the arm above
the elbow, fifty (50) degrees of permanent impairment; of the
big toe, twelve (12) degrees of permanent impairment; of the
second toe, six (6) degrees of permanent impairment; of the
third toe, four (4) degrees of permanent impairment; of the
fourth toe, three (3) degrees of permanent impairment; of the
fifth or little toe, two (2) degrees of permanent impairment; by
separation of the foot below the knee joint, thirty-five (35)
degrees of permanent impairment; and of the leg above the knee
joint, forty-five (45) degrees of permanent impairment.
(2) Amputations: For the loss by separation of any of the body
parts described in subdivision (1) on or after July 1, 1997, and
for the loss by separation of any of the body parts described in
subdivision (3), (5), or (8), on or after July 1, 1999, the dollar
values per degree applying on the date of the injury as described
in subsection (d) shall be multiplied by two (2). However, the
doubling provision of this subdivision does not apply to a loss
of use that is not a loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toe
shall be considered as the loss of the entire thumb or toe. The
loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the degrees of permanent
impairment for the loss of the entire thumb or toe. The loss of
not more than one (1) phalange of a finger shall be considered
as the loss of one-third (1/3) of the finger and compensation
shall be paid for one-third (1/3) of the degrees payable for the
loss of the entire finger. The loss of more than one (1) phalange
of the finger but not more than two (2) phalanges of the finger
shall be considered as the loss of one-half (1/2) of the finger
and compensation shall be paid for one-half (1/2) of the degrees
payable for the loss of the entire finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by
enucleation, thirty-five (35) degrees of permanent impairment.
(6) For the reduction of vision to one-tenth (1/10) of normal
vision with glasses, thirty-five (35) degrees of permanent
impairment.
(7) For the permanent and complete loss of hearing in one (1)
ear, fifteen (15) degrees of permanent impairment, and in both
ears, forty (40) degrees of permanent impairment.
(8) For the loss of one (1) testicle, ten (10) degrees of
permanent impairment; for the loss of both testicles, thirty (30)
degrees of permanent impairment.
(9) Loss of use: The total permanent loss of the use of an arm,
a hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall
be considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange, and
compensation shall be paid in the same amount as for the loss
by separation. However, the doubling provision of subdivision
(2) does not apply to a loss of use that is not a loss by
separation.
(10) Partial loss of use: For the permanent partial loss of the use
of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss
of the use of the arm, hand, thumb, finger, leg, foot, toe, or
phalange.
(11) For injuries resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(12) For any permanent reduction of the sight of an eye less
than a total loss as specified in subsection (a)(3), the
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction without correction or glasses.
However, when a permanent reduction without correction or
glasses would result in one hundred percent (100%) loss of
vision, then compensation shall be paid for fifty percent (50%)
of the total loss of vision without glasses, plus an additional
amount equal to the proportionate amount of the reduction with
glasses, not to exceed an additional fifty percent (50%).
(13) For any permanent reduction of the hearing of one (1) or
both ears, less than the total loss as specified in subsection
(a)(4), compensation shall be paid in an amount proportionate
to the degree of a permanent reduction.
(14) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation
board, not exceeding one hundred (100) degrees of permanent
impairment.
(15) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding forty (40) degrees of permanent
impairment except that no compensation shall be payable under
this subdivision where compensation is payable elsewhere in
this section.
(d) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (c) and the following:
(1) With respect to injuries occurring on and after July 1, 1991,
and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), nine hundred dollars ($900)
per degree; for each degree of permanent impairment above
fifty (50), one thousand five hundred dollars ($1,500) per
degree.
(2) With respect to injuries occurring on and after July 1, 1992,
and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment
from twenty-one (21) to thirty-five (35), eight hundred dollars
($800) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(3) With respect to injuries occurring on and after July 1, 1993,
and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars
($500) per degree; for each degree of permanent impairment
from eleven (11) to twenty (20), seven hundred dollars ($700)
per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(4) With respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(5) With respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(6) With respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars
($900) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), one thousand six
hundred dollars ($1,600) per degree; for each degree of
permanent impairment above fifty (50), two thousand dollars
($2,000) per degree.
(7) With respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to injuries occurring on and after July 1, 2001,
for each degree of permanent impairment from one (1) to ten
(10), one thousand three hundred dollars ($1,300) per degree;
for each degree of permanent impairment from eleven (11) to
thirty-five (35), one thousand five hundred dollars ($1,500) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), two thousand four hundred dollars
($2,400) per degree; for each degree of permanent impairment
above fifty (50), three thousand dollars ($3,000) per degree.
(e) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (c)
and (d) shall not exceed the following:
(1) With respect to injuries occurring on or after July 1, 1991,
and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to injuries occurring on or after July 1, 1992,
and before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to injuries occurring on or after July 1, 1993,
and before July 1, 1994, five hundred ninety-one dollars ($591).
(4) With respect to injuries occurring on or after July 1, 1994,
and before July 1, 1997, six hundred forty-two dollars ($642).
(5) With respect to injuries occurring on or after July 1, 1997,
and before July 1, 1998, six hundred seventy-two dollars
($672).
(6) With respect to injuries occurring on or after July 1, 1998,
and before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to injuries occurring on or after July 1, 1999,
and before July 1, 2000, seven hundred thirty-two dollars
($732).
(8) With respect to injuries occurring on or after July 1, 2000,
and before July 1, 2001, seven hundred sixty-two dollars
($762).
(9) With respect to injuries occurring on or after July 1, 2001,
and before July 1, 2002, eight hundred twenty-two dollars
($822).
(10) With respect to injuries occurring on or after July 1, 2002,
eight hundred eighty-two dollars ($882).
(Formerly: Acts 1929, c.172, s.31; Acts 1943, c.136, s.8; Acts 1947,
c.162, s.5; Acts 1949, c.243, s.5; Acts 1951, c.294, s.3; Acts 1955,
c.325, s.1; Acts 1957, c.298, s.1; Acts 1959, c.315, s.1; Acts 1963,
c.387, s.7; Acts 1971, P.L.353, SEC.1.) As amended by Acts 1977,
P.L.261, SEC.1; Acts 1979, P.L.227, SEC.2; P.L.223-1985, SEC.1;
P.L.95-1988, SEC.5; P.L.3-1989, SEC.132; P.L.170-1991, SEC.6;
P.L.258-1997(ss), SEC.6; P.L.235-1999, SEC.2; P.L.31-2000,
SEC.3.
Last modified: May 27, 2006