§ 22-3-3-10 — Injuries schedule

Indiana § 22-3-3-10

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 3: Worker's Compensation: Notice of Injury; Treatment

Text

(a) 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, 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 schedule set forth in subsection
(e) 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.
(c) With respect to injuries in the schedule set forth in subsection (e)
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.
(d) With respect to injuries in the schedule set forth in subsection
(e) 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.
(e) 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.
(f) 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 (7), on or after July 1, 1999, the dollar
values per degree applying on the date of the injury as described
in subsection (g) 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 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.
(7) 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.
(8) 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.
(9) 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.
(10) For injuries resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(11) Visual impairments shall be based on the Functional Vision
Score (FVS) assessing the visual acuity and visual field to
evaluate any reduction in ability to perform vision-related
Activities of Daily Living (ADL). Unless such loss is otherwise
specified in subdivision (5), visual impairments shall be paid as
a whole person rating.
(12) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (e)(5),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(13) 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.
(14) 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.
(g) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (f) and the following:
(1) With respect to injuries occurring on and after July 1, 2010,
and before July 1, 2014, for each degree of permanent impairment
from one (1) to ten (10), one thousand four hundred dollars
($1,400) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand six hundred
dollars ($1,600) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand seven
hundred dollars ($2,700) per degree; for each degree of
permanent impairment above fifty (50), three thousand five
hundred dollars ($3,500) per degree.
(2) With respect to injuries occurring on and after July 1, 2014,
and before July 1, 2015, for each degree of permanent impairment
from one (1) to ten (10), one thousand five hundred seventeen
dollars ($1,517) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
seven hundred seventeen dollars ($1,717) per degree; for each
degree of permanent impairment from thirty-six (36) to fifty (50),
two thousand eight hundred sixty-two dollars ($2,862) per degree;
for each degree of permanent impairment above fifty (50), three
thousand six hundred eighty-seven dollars ($3,687) per degree.
(3) With respect to injuries occurring on and after July 1, 2015,
and before July 1, 2016, for each degree of permanent impairment
from one (1) to ten (10), one thousand six hundred thirty-three
dollars ($1,633) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
eight hundred thirty-five dollars ($1,835) per degree; for each
degree of permanent impairment from thirty-six (36) to fifty (50),
three thousand twenty-four dollars ($3,024) per degree; for each
degree of permanent impairment above fifty (50), three thousand
eight hundred seventy-three dollars ($3,873) per degree.
(4) With respect to injuries occurring on and after July 1, 2016,
and before July 1, 2023, for each degree of permanent impairment
from one (1) to ten (10), one thousand seven hundred fifty dollars
($1,750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand nine hundred
fifty-two dollars ($1,952) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), three
thousand one hundred eighty-six dollars ($3,186) per degree; for
each degree of permanent impairment above fifty (50), four
thousand sixty dollars ($4,060) per degree.
(5) With respect to injuries occurring on and after July 1, 2023,
and before July 1, 2024, for each degree of permanent impairment
from one (1) to ten (10), one thousand eight hundred three dollars
($1,803) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), two thousand eleven dollars
($2,011) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), three thousand two hundred
eighty-two dollars ($3,282) per degree; for each degree of
permanent impairment above fifty (50), four thousand one
hundred eighty-two dollars ($4,182) per degree.
(6) With respect to injuries occurring on and after July 1, 2024,
and before July 1, 2025, for each degree of permanent impairment
from one (1) to ten (10), one thousand eight hundred fifty-seven
dollars ($1,857) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), two thousand
seventy-one dollars ($2,071) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), three
thousand three hundred eighty dollars ($3,380) per degree; for
each degree of permanent impairment above fifty (50), four
thousand three hundred seven dollars ($4,307) per degree.
(7) With respect to injuries occurring on and after July 1, 2025,
and before July 1, 2026, for each degree of permanent impairment
from one (1) to ten (10), one thousand nine hundred thirteen
dollars ($1,913) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), two thousand one
hundred thirty-three dollars ($2,133) per degree; for each degree
of permanent impairment from thirty-six (36) to fifty (50), three
thousand four hundred eighty-one dollars ($3,481) per degree; for
each degree of permanent impairment above fifty (50), four
thousand four hundred thirty-six dollars ($4,436) per degree.
(8) With respect to injuries occurring on and after July 1, 2026,
for each degree of permanent impairment from one (1) to ten (10),
one thousand nine hundred seventy dollars ($1,970) per degree;
for each degree of permanent impairment from eleven (11) to
thirty-five (35), two thousand one hundred ninety-seven dollars
($2,197) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), three thousand five hundred
eighty-five dollars ($3,585) per degree; for each degree of
permanent impairment above fifty (50), four thousand five
hundred sixty-nine dollars ($4,569) per degree.
(h) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (f)
and (g) shall not exceed the following:
(1) With respect to injuries occurring on or after July 1, 2009, and
before July 1, 2014, nine hundred seventy-five dollars ($975).
(2) With respect to injuries occurring on or after July 1, 2014, and
before July 1, 2015, one thousand forty dollars ($1,040).
(3) With respect to injuries occurring on or after July 1, 2015, and
before July 1, 2016, one thousand one hundred five dollars
($1,105).
(4) With respect to injuries occurring on or after July 1, 2016, and
before July 1, 2023, one thousand one hundred seventy dollars
($1,170).
(5) With respect to injuries occurring on or after July 1, 2023, and
before July 1, 2024, one thousand two hundred five dollars
($1,205).
(6) With respect to injuries occurring on or after July 1, 2024, and
before July 1, 2025, one thousand two hundred forty-one dollars
($1,241).
(7) With respect to injuries occurring on or after July 1, 2025, and
before July 1, 2026, one thousand two hundred seventy-eight
dollars ($1,278).
(8) With respect to injuries occurring on or after July 1, 2026, one
thousand three hundred sixteen dollars ($1,316).
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; P.L.134-2006, SEC.4; P.L.3-2008, SEC.156; P.L.275-2013,
SEC.6; P.L.139-2020, SEC.3; P.L.32-2021, SEC.63; P.L.160-2022,
SEC.3.