Rate Of Compensation
( Originally Published 1918 )
Most of the states and territories have enacted laws providing compensation to employees for injuries sustained while in the performance of their duties.
Restrictions are usually made in case of injury causing disability for more than two weeks, or death not due to the employee's intention to injure himself or another, or to intoxication. Casual employees are generally excepted.
Elective and Compulsory Law: The compensation laws of the different states are either compulsory or elective. Under the elective laws, in force in Alaska, Colorado, Connecticut, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, New Jersey, Pennsylvania, Rhode Island, Vermont and Wisconsin, the employer may elect whether he will provide and pay compensation according to the provision of the act, and thereby relieve himself from liability for the recovery of dam-ages. Compulsory law is provided in Arizona, California, Hawaii, Maryland, New York and Oklahoma. Elective insurance laws exist in Massachusetts, Nevada, Oregon, Texas and West Virginia. Compulsory insurance laws have been enacted in Ohio, Washington and Wyoming.
Following are the rates of compensation for Death, for Total Disability, and for Partial Disability according to the latest statutes:
Alaska.—$3,000 to widow, $600 additional to each child under 16 years of age, and to dependent parent or parents if any; if no widow, $3,000 to a minor orphan, and $600 additional to children under 16; no total to exceed $6,000. If married, and dependent parent or parents, $1,200 to each; if no dependents, funeral expenses not to exceed $150, and other expenses if any to the same amount.
Arizona.—2,400 times one half the daily wages ; $4,000 maximum. No dependents, medical and burial expenses.
California. ---Three years' earnings ; $1,000 minimum, $5,000 maximum; no dependents $100.
Colorado.—To persons wholly dependent, 50 percent of the weekly wages for six years; $8 maximum; total not to exceed $2,500, nor to be less than $1,000. If only partial dependents survive, 50 percent of the weekly wages; $8 maximum for such part of six years as the Industrial Commission may determine; total not to exceed $2,500. If death occurs from any cause during the receipt of disability benefits, partial dependents shall receive not more than four times the amount contributed by the deceased during his last year of employment. The aggregate of disability and death benefits not to exceed $2,500. If no dependents, $100 for funeral expenses. Payments to widow or widower cease on death or remarriage; to children on reaching the age of 18, unless physically incapacitated from earning.
Connecticut.—$100 for burial expenses. To persons wholly dependent, a weekly compensation equal to one-half the earnings of the deceased employee. If only partial dependents survive, a weekly compensation decided according to the measure of dependence, not exceeding one-half the earning of the deceased. The compensation shall in no case be more than $14, nor less than $5 weekly, nor shall it continue longer than 312 weeks.
Hawaii.--Funeral expenses not exceeding $100. If death occurs within six months after injury, 40 percent of average weekly wages to widow or dependent widower alone; 50 per cent if one or two dependent children; 60 per cent if three or more dependent children; 30 per cent if one or two orphans; 10 per cent addition for each child in excess of two; total not to exceed 50 per cent. If no consort or child, but other dependents, 25 per cent to 40 per cent. Payments to widow or widower cease on remarriage; to children on reaching the age of 16. No payments excepting children to continue longer than 312 -weeks. Basic wage not less than $5 or more than $36 weekly.
Illinois.—Four years' earnings; $1,650 mini-mum, $3,500 maximum; minimum increased $100 for each child, maximum $4,000 in case of widow and two or more children under 16 years of age. No dependents, $150.
Indiana: $100 for funeral expenses if death occurs within 300 weeks after the injury; 50 per cent of weekly wages to persons wholly dependent; to those partially dependent, amounts proportionate to the deceased employee's contribution to their support. Terms of payment not longer than 300 weeks. Payments cease on re-marriage of dependent widow or widower; to children at the age of 18, unless they are mentally or physically disqualified for earning. Wages not to be considered as above $24 nor below $10 a week. But no total will be allowed in any case to exceed $5,000.
Iowa.—Funeral expenses not to exceed $100. To persons wholly dependent a weekly payment equal to 50 per cent of the wages, but not more than $10 nor less than $5 per week, for 300 weeks. If only partial dependents survive, such a proportion of the above as the amounts contributed by the employee to such partial dependents bear to his annual earnings.
Kansas.—Three years' earnings; minimum $1,400, maximum $3,800. No dependents, $150 for attendance and burial.
Louisiana.—$100 expense of last illness and burial. To widow or dependent widower alone, 25 per cent of the weekly wages; 40 per cent if one child; 50 per cent if two children or more. For one dependent parent, 25 per cent; for two, 50 per cent; if one brother or sister, 25 per cent, and 10 per cent additional for each other brother or sister. Total in no case may exceed 50 per cent of the weekly wages, $3 minimum, $10 maximum, for not over 300 weeks.
Maine.—To persons wholly dependent, 60 percent of the weekly wages for 300 weeks; $6 mini-mum, $15 maximum. If only partial dependents, amount proportionate to their degree of de-pendency for 300 weeks. If one wholly dependent person and more than one partly dependent per-son survive, payments are to be proportioned to the degree of dependency. If no dependents, not more than $200, expenses of last illness and burial.
Maryland.—To persons wholly dependent 66 2/3 percent of weekly wages for such time, not exceeding 8 years, as the commission may fix; maximum, $5,000; minimum, $1,000. To persons partly dependent same per cent as the commission may fix; maximum amount, $3,000. If no dependents, funeral expenses.
Massachusetts.—66 2/3 percent of the weekly wages for 500 weeks; $5 minimum, $10 maximum. If no dependents, $100.
Michigan.—50 percent of the weekly wages for 300 weeks; $4 minimum, $10 maximum. No dependents, not to exceed $200 for reasonable expenses of last illness and burial.
Minnesota.—$100 funeral expenses. To widow alone, 35 percent of monthly wages, increasing to 60 percent if four or more children; to a dependent husband alone, 25 percent ; to a single orphan, 40 per cent, with 10 per cent additional for each additional orphan to a maximum of 60 per cent. To dependent parent or parents if no dependent widow, widower or children, 30 per cent to one parent, or 40 per cent to both.
Montana.—$75 for funeral expenses if death occurs within six months after injury. To widow, widower or children under 16, or an invalid child above 16, 50 per cent of wages (minimum $6, maximum $10 a week) if residents of the United States; if not, 25 per cent, unless otherwise required by treaty. To father or mother, 40 per cent; to minor dependents, 30 per cent; no dependents, $75 burial expenses.
Nebraska.—In addition to other benefits, a reasonable amount not to exceed $100 to cover expense of last illness and burial; to persons wholly dependent, 66 2/3 per cent of wages; $6 minimum, $12 maximum; but not exceeding 350 weeks. If the wages were less than $6 per week, then full wages are to be paid. If only partial dependents, a proportion of the above according to the extent of the contribution to their support.
Nevada.—To widow or dependent widower, 30 percent of average wages; 10 percent additional for each child under 18. Total not to exceed 66 2/3 per cent.
New Hampshire.—150 times weekly earnings, but not more than $3,000; no dependents, $100. New Jersey.-35 to 60 per cent of wages for 300 weeks; minimum $5, maximum $10.
New York.--Aggregate payments in no case to exceed 662/3 per cent. No wages in excess of $125 monthly are considered.
Ohio.-$150 funeral expenses; 62 2/3 per cent of wages for 8 years; $2,000 minimum; $5,000 maximum.
Oregon.—Burial expenses not to exceed $100; to widow or invalid widower a monthly payment of $30, and to each child below 16 years (daughters 18), $6 a month; the total monthly not to exceed $50; to other dependents, 50 per cent of the average support received during the preceding year, but not to exceed $30 a month.
Pennsylvania.-$100 funeral expenses; 40 per cent of weekly wages to widow or dependent widower; 5 per cent additional for each child; total not to exceed 60 per cent; if no consort or child, to dependent parent, brother or sister, 15 per cent to 25 per cent of wages; minimum $10, maximum $20; payments to continue 300 weeks.
Rhode Island.-50 per cent of weekly wages for 300 weeks; $4 minimum, $10 maximum; no dependents, $200.
Texas.--60 percent of weekly wages (minimum $5, maximum $15) for 360 weeks; distribution according to law governing property distribution; if no dependents, $100 for expenses of last illness and burial.
Vermont.-$75 for funeral expenses if death occurs within two years ; 33 1/3 per cent of weekly wages to dependent widow or widower; 25 per cent if one or two children; 10 per cent additional for each child in excess of two, total not to exceed 40 per cent; if no consort or child under 18, and dependent parent, grandparent or grandchild, 15 per cent to 25 per cent of wages ; payment not to exceed 260 weeks, or $3,500.
Washington.-$75 funeral expenses; widow to receive $20 monthly; each child up to the number of three, $5 a month; maximum, $4,000.
West Virginia.—Funeral expenses not to exceed $75; widow or invalid widower, $20 per month, and $5 per month additional for each child under the age of legal employment; total not to exceed $35 per month ; to orphan child or children, $10 each per month up to the age of 15 years, total not to exceed $30 a month; to other persons wholly dependent, 50 per cent of the average monthly support received during the pre-ceding year, not exceeding $20 a month, for six years.
Wisconsin.—Four years' earnings. All payments are to be made in weekly installments equal to 65 per cent of average weekly earning.
Wyoming.-$50 for funeral expenses unless other arrangements exist under agreement; a lump sum payment of $1,200 to widow or invalid widower, and $60 per year each for children until they reach the age of 16, the total for children not to exceed $1,800; if dependent parents and no spouse nor child under 16, a sum equal to 50 per cent of one year's contribution to support; not to exceed $500.