(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with the day of the accident to be counted as the first day unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee’s average weekly wages.
(2)The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.
(3)Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the ti
Free access — add to your briefcase to read the full text and ask questions with AI
(a)(1) Where the injury causes total disability for work, during the disability, but not including the first three days with the day of the accident to be counted as the first day unless the employee received full wages for that day, the employer shall pay the injured employee a weekly compensation equal to two-thirds of the employee’s average weekly wages.
(2) The weekly compensation shall be in an amount that is not more than the maximum nor less than the minimum weekly compensation.
(3) Compensation paid pursuant to this subsection shall be adjusted on the first July 1 following the receipt of 26 weeks of benefits and annually on each subsequent July 1, so that the compensation continues to bear the same percentage relationship to the average weekly wage in the State as it did at the time of injury.
[Subdivision (b)(1) effective until July 1, 2028; see also subdivision (b)(1) effective July 1, 2028 set out below.]
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $20.00 per week for each dependent child who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
[Subdivision (b)(1) effective July 1, 2028; see also subdivision (b)(1) effective until July 1, 2028 set out above.]
(b)(1) In addition to the amount paid pursuant to subsection (a) of this section, the employer shall pay the injured employee during the disability $10.00 per week for each dependent child who is under 21 years of age, provided that no other injured worker is receiving the same benefits on behalf of the dependent child or children.
(2) The amount allowed for the dependent children shall be adjusted weekly to reflect the number of dependent children during each week of payment.
(c) Notwithstanding any provision of subsection (a) or (b) of this section to the contrary:
(1) An employee’s total weekly wage replacement benefits, including any payments for a dependent child, shall not exceed 90 percent of the employee’s average weekly wage prior to applying any applicable cost of living adjustment.
(2) If the total disability continues after the third day for a period of seven consecutive calendar days or more, compensation shall be paid for the whole period of the total disability. (Amended 1959, No. 191, § 2; 1963, No. 191, § 3; 1965, No. 67, § 2; 1965, No. 73; 1967, No. 122, § 6; 1971, No. 158 (Adj. Sess.), § 2; 1973, No. 64, § 3; 1977, No. 182 (Adj. Sess.), § 8, eff. May 3, 1978; 1981, No. 204 (Adj. Sess.), § 5; 1993, No. 225 (Adj. Sess.), § 6; 2003, No. 132 (Adj. Sess.), § 3, eff. May 26, 2004; 2023, No. 76, § 33, eff. July 1, 2023; 2023, No. 76, § 34, eff. July 1, 2028.)