(a) In computing compensation for temporary
total disability, temporary partial disability, and total permanent
disability, the average weekly wages are considered to be:
(1) with respect to disablements occurring on and after July 1,
2009, and before July 1, 2014:
(A) not more than nine hundred seventy-five dollars ($975);
and
(B) not less than seventy-five dollars ($75);
(2) with respect to disablements occurring on and after July 1,
2014, and before July 1, 2015:
(A) not more than one thousand forty dollars ($1,040); and
(B) not less than seventy-five dollars ($75);
(3) with respect to disablements occurring on and after July 1,
2015, and before July 1, 2016:
(A) not more than one thousand one hundred five dollars
($1,105); and
(B) not less than seventy-five dollars ($75);
(4) with respect to disablements occurring on and after July 1,
2016, and before July 1, 2023:
(A) not more than one thousand one hundred seventy dollars
($1,170); and
(B) not less than seventy-five dollars ($75);
(5) with respect to disablements occurring on and after July 1,
2023, and before July 1, 2024:
(A) not more than one thousand two hundred five dollars
($1,205); and
(B) not less than seventy-five dollars ($75);
(6) with respect to disablements occurring on and after July 1,
2024, and before July 1, 2025:
(A) not more than one thousand two hundred forty-one dollars
($1,241); and
(B) not less than seventy-five dollars ($75);
(7) with respect to disablements occurring on and after July 1,
2025, and before July 1, 2026:
(A) not more than one thousand two hundred seventy-eight
dollars ($1,278); and
(B) not less than seventy-five dollars ($75); and
(8) with respect to disablements occurring on and after July 1,
2026:
(A) not more than one thousand three hundred sixteen dollars
($1,316); and
(B) not less than seventy-five dollars ($75).
(b) The maximum compensation that shall be paid for occupational
disease and the results of an occupational disease under this chapter or
under any combination of the provisions of this chapter may not exceed
the following amounts in any case:
(1) With respect to disability or death occurring on and after July
1, 2009, and before July 1, 2014, three hundred twenty-five
thousand dollars ($325,000).
(2) With respect to disability or death occurring on and after July
1, 2014, and before July 1, 2015, three hundred forty-seven
thousand dollars ($347,000).
(3) With respect to disability or death occurring on and after July
1, 2015, and before July 1, 2016, three hundred sixty-eight
thousand dollars ($368,000).
(4) With respect to disability or death occurring on and after July
1, 2016, and before July 1, 2023, three hundred ninety thousand
dollars ($390,000).
(5) With respect to disability or death occurring on and after July
1, 2023, and before July 1, 2024, four hundred two thousand
dollars ($402,000).
(6) With respect to disability or death occurring on and after July
1, 2024, and before July 1, 2025, four hundred fourteen thousand
dollars ($414,000).
(7) With respect to disability or death occurring on and after July
1, 2025, and before July 1, 2026, four hundred twenty-six
thousand dollars ($426,000).
(8) With respect to disability or death occurring on and after July
1, 2026, four hundred thirty-nine thousand dollars ($439,000).
(c) For all disabilities occurring on and after July 1, 1985, "average
weekly wages" means the earnings of the injured employee during the
period of fifty-two (52) weeks immediately preceding the disability
divided by fifty-two (52). If the employee lost seven (7) or more
calendar days during the period, although not in the same week, then
the earnings for the remainder of the fifty-two (52) weeks shall be
divided by the number of weeks and parts of weeks remaining after the
time lost has been deducted. If employment before the date of disability
extended over a period of less than fifty-two (52) weeks, the method of
dividing the earnings during that period by the number of weeks and
parts of weeks during which the employee earned wages shall be
followed if results just and fair to both parties will be obtained. If by
reason of the shortness of the time during which the employee has been
in the employment of the employer or of the casual nature or terms of
the employment it is impracticable to compute the average weekly
wages for the employee, the employee's average weekly wages shall be
considered to be the average weekly amount that, during the fifty-two
(52) weeks before the date of disability, was being earned by a person
in the same grade employed at the same work by the same employer or,
if there is no person so employed, by a person in the same grade
employed in that same class of employment in the same district.
Whenever allowances of any character are made to an employee
instead of wages or a specified part of the wage contract, they shall be
considered a part of the employee's earnings.
(d) The provisions of this article may not be construed to result in
an award of benefits in which the number of weeks paid or to be paid
for temporary total disability, temporary partial disability, or permanent
total disability benefits combined exceeds five hundred (500) weeks.
This section shall not be construed to prevent a person from applying
for an award under IC 22-3-3-13. However, in case of permanent total
disability resulting from a disablement occurring on or after January 1,
1998, the minimum total benefit shall not be less than seventy-five
thousand dollars ($75,000).
Formerly: Acts 1937, c.69, s.11; Acts 1943, c.115, s.2; Acts
1945, c.290, s.2; Acts 1949, c.242, s.2; Acts 1951, c.250, s.2; Acts
1953, c.174, s.1; Acts 1955, c.276, s.1; Acts 1957, c.353, s.2; Acts
1959, c.266, s.1; Acts 1963, c.388, s.19; Acts 1965, c.206, s.1; Acts
1967, c.313, s.3; Acts 1969, c.101, s.3; Acts 1971, P.L.354, SEC.3;
Acts 1974, P.L.109, SEC.6. As amended by Acts 1976, P.L.112,
SEC.6; Acts 1977, P.L.261, SEC.6; Acts 1979, P.L.227, SEC.6;
P.L.225-1983, SEC.4; P.L.223-1985, SEC.3; P.L.224-1985, SEC.2;
P.L.95-1988, SEC.16; P.L.170-1991, SEC.21; P.L.258-1997(ss),
SEC.16; P.L.31-2000, SEC.10; P.L.134-2006, SEC.10; P.L.275-2013,
SEC.17; P.L.160-2022, SEC.9.