Workers Compensation

Chapter 4: Compensation Benefits

Section 3 - Permanent Total Disability (PTD) Benefits

A permanent total disability is defined as a complete disability which renders the employee permanently unable to do any kind of work for which there is a reasonably stable employment market; OR The loss of use of both hands, both arms, both feet, both legs, both eyes, or any two such parts, e. g., one leg and one arm.

1. How long is the PTD benefit paid?

An employee who is permanently and totally disabled is entitled to benefits for life. If an employee who has been assigned PTD benefits returns to work or is able to return to work, benefits may be terminated or modified.

2. How is the PTD benefit determined?

The benefit is two-thirds (66 2/ 3%) of the employee's gross average weekly wage. The average is based on the employee's wages during the year before the injury or exposure, subject to certain limits. PTD recipients are also entitled to additional payments four times a year, beginning in the second year after the award, which reflects the increase in the statewide average weekly wage during the preceding year. These payments are made from the Rate Adjustment Fund, administered by the Industrial Commission.

3. What is the minimum PTD benefit?

The weekly benefit cannot be less than 50% of the statewide average weekly wage at the time of the injury or last exposure.

4. What is the maximum PTD benefit?

The maximum benefit can be no more than 133 1/ 3% of the statewide average weekly wage at the time of the injury or last exposure.