Indemnity Rates

Please scroll down the page to see the specific rates:
Mileage rates
TTD rates
PD rates
Voucher rates
Pension rates
Death benefits

TTD Rates

Date of InjuryMaximumMinimum
7/1/96-2002$490Lesser of $126 or AWW
2003$602$126
2005-2006$840$126
2007$881.66$132.25
2008$916.33$137.45
2009$958.01$143.70
2010-2011$986.69$148.00
2012$1,010.50$151.57
2013$1,066.72$160.00
2014$1,074.64$161.19
2015$1,103.29$165.49
2016$1,248.43
$169.26
2017$1,172.57
$175.88
2018$1,215.27$182.29

2 year bump: If paying TD more than 2 years after doi, then the amount of the TD payment
should be made in accordance with the rate in effect on the date of the payment. LC § 4661.5.

104 week rule: Unless one of the exceptions of LC § 4656(c)(3) applies, the exposure for TD ends after 104 weeks from the commencement of TD for injuries occurring 4/19/04 through 12/31/07. For injuries on or after 1/1/08, the 104 aggregate weeks of TD can be payable throughout the 5 years from the date of injury.

Exceptions to the 104 week rule: IWs can receive up to 240 weeks of TD within a 5 year
period if the injuries involve: acute and chronic hepatitis B & C; amputations, severe burns, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, & chronic lung disease.

PD Rates

Date of InjuryMaximum RatesMinimum Rates
7/1/96 thru 2002$140 = 1% to 14.75%
$160 = 15% to 24.75%
$170 = 25% to 69.75%
$230 = 70% to 99.75%
$70
2003$185 = 1% to 69%
$230 = 70% to 99%
$100
2004$200 = 1% to 69%
$250 = 70% to 99%
$105
2005$220 = 1% to 69%
$270 = 70% to 99%
$105
2006 through 2012$230 = 1% to 69%
$270 = 70% to 99%
$130
2013$230 = 1% to 54%
$270 = 55% to 69%
$290 = 70% to 99%
$160
2014 ⇒$290 = 1% to 99%$160

Click here to see the latest PD Chart

15% bump up or down applies to injuries occurring 2005 through 2012 LC § 4658(d)(2) & (d)(3):

15%↑
The defendant has exposure for a 15% increase on the PD if the employer has 50 or
more employees and the employer does not offer the injured worker a job within 60
days of the disability becoming P&S. Each disability payment remaining to be paid
from the date of the end of the 60- day period is subject to the 15% increase.

15%↓
If the employer with 50 or more employees offers a job within 60 days of the P&S date, then the remaining PD payments after the job offer are reduced by 15%.

The job offered needs to meet the following criteria of LC § 4658:

1. The offer should be made on the DWC-AD form 10118 or DWC-AD form 10133.53.

2. The job needs to last at least 12 months.

Also the job offer needs to satisfy the criteria of LC § 4658.1 as follows:

1. If it is regular work, then it is the IW’s usual occupation with wages and compensation equivalent to those paid to the IW at the time of injury.
2. If it is modified or alternate work, then the job must provide at least 85% of the wages and compensation paid to the IW at the time of injury.
3. The job needs to be located within a reasonable distance of the IW’s residence at the time of injury, but the IW can waive this requirement.
4. The IW should have the ability to perform the job. This physical ability requirement expressly applies to offers of modified and alternative work. We assume the IW should have the ability to perform the duties associated with an offer of regular work as well.

Voucher Benefits aka SJDB:

Vouchers for Injuries occurring on or after 1/1/13:
If IW has PD and employer does not make the qualified offer, then IW is entitled to a $6,000 voucher. The deadline for offering the voucher occurs 80 days from claims administrator’s receipt of the 1st report from the PTP, an AME, or a QME, on the DWC-AD form 10133.36 finding the disability from all conditions has become P&S and that the injury has caused PD. (LC § 4658.7.) (See library page for further details.)

The forms that apply to injuries on or after 1/1/13 are: (click each form to open)
DWC-AD form 10133.32

DWC-AD form 10133.33
DWC-AD form 10133.35
DWC-AD form 10133.36
DWC-AD form 10133.55

Vouchers for Injuries occurring 1/1/04 through 12/31/12:
The vouchers tied to the rate of disability only apply to injuries occurring 1/1/04 through 12/31/12:
$4,000 = PD 1% to 14%
$6,000 = PD 15% to 25%
$8,000 = PD 26% to 49%
$10,000 = PD 50% to 99%

A defendant can generally avoid liability for these voucher benefits if the employer offers a qualified modified or alternative job w/in 30 days of termination of TD. (LC §4658.1, § 4658.5, §4658.6, & Regulation 10133.56.) (See library page for further details.)

The forms that apply to injuries occurring 1/1/04 through 12/31/12 are:
(click each form to open)

DWC-AD form 10118
DWC-AD form 10133.53
DWC-AD form 10133.55
DWC-AD form 10133.57

Pension Rates:

PD rates of 70% to 99% also trigger liability for pension payments.
Pension rates are calculated per LC § 4659.

If the injured worker’s wages were at least $257.69 for an injury on 7/1/96 through 12/31/05, the pension rate is calculated as follows: (PD – 60) x .015 x $257.69 = weekly pension rate

If the injured worker’s wages were at least $515.38 for an injury that occurred 1/1/06 through 2012, the pension rate is calculated as follows:

(PD – 60) x .015 x $515.38 = weekly pension rate

If the injured worker’s wages were less than these figures of $257.69 or $515.38, then the actual wages are used in the formula instead of these established figures of $257.69 or $515.38.

For injuries on or after 1/1/03, beginning on 1/1/04, a Cost of Living Adjustment (COLA) is to be made to the Life Pension or Permanent Total Disability rate paid each year based on an increase, if any, in the state average weekly wage (SAWW) compared to the prior year.

Death Benefits:

Date of Death from Injury Date of7/1/96-12/31/051/1/06-2012
1 total & no partial dependents$125,000$250,000LC § 4702(a)(3)
2 or more total & regardless
of the number of partial dependents
$145,000$290,000LC § 4702(a)(1)
3 or more total & regardless
of the number of partial dependents
$160,000$320,000LC § 4702(a)(5)
1 total and 1 or more partial
*Plus 4 times the amount annually
devoted to the support of partial
dependents, with the amount
not to exceed:
$125,000*

$145,000
$250,000*

$290,000
LC § 4702(a)(2)
No total and 1 or more partial
dependents = 4 times the amount
annually devoted to support the
partial dependents, not to exceed:
$125,000LC § 4702(a)(4)(A)
8 times the amount annually devoted to
support the partial dependents, not to exceed:
$250,000LC § 4702(a)(4)(B)

Burial expenses up to $5,000 for injuries occurring on or after 1/1/91. LC § 4701(a)(2).
Burial expenses up to $10,000 for injuries occurring on or after 1/1/13. LC§4701(a)(3).

After payment of the benefits per LC § 4702, payments to minor children continue at no less than $224 per week per LC § 4703.5 as follows:

  1. until the youngest child attains age 18 or age 19 if IW was an active member of sheriff, police, or fire dept.
  2. until the death of a child physically or mentally incapacitated from earning .