IN Code § 22-3-7-19 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 3. Worker's Compensation System|Chapter 7. Worker's Occupational Diseases Compensation|22-3-7-19. Awards; Computation; Average Weekly Wages

Sec. 19. (a) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1985, and before July 1, 1986, the average weekly wages are considered to be:(1) not more than two hundred sixty-seven dollars ($267); and(2) not less than seventy-five dollars ($75).(b) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1986, and before July 1, 1988, the average weekly wages are considered to be:(1) not more than two hundred eighty-five dollars ($285); and(2) not less than seventy-five dollars ($75).(c) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1988, and before July 1, 1989, the average weekly wages are considered to be:(1) not more than three hundred eighty-four dollars ($384); and(2) not less than seventy-five dollars ($75).(d) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1989, and before July 1, 1990, the average weekly wages are considered to be:(1) not more than four hundred eleven dollars ($411); and(2) not less than seventy-five dollars ($75).(e) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1990, and before July 1, 1991, the average weekly wages are considered to be:(1) not more than four hundred forty-one dollars ($441); and(2) not less than seventy-five dollars ($75).(f) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1991, and before July 1, 1992, the average weekly wages are considered to be:(1) not more than four hundred ninety-two dollars ($492); and(2) not less than seventy-five dollars ($75).(g) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1992, and before July 1, 1993, the average weekly wages are considered to be:(1) not more than five hundred forty dollars ($540); and(2) not less than seventy-five dollars ($75).(h) In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1993, and before July 1, 1994, the average weekly wages are considered to be:(1) not more than five hundred ninety-one dollars ($591); and(2) not less than seventy-five dollars ($75).(i) In computing compensation for temporary total disability, temporary partial disability and total permanent disability, with respect to occupational diseases occurring on and after July 1, 1994, and before July 1, 1997, the average weekly wages are considered to be:(1) not more than six hundred forty-two dollars ($642); and(2) not less than seventy-five dollars ($75).(j) 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 occupational diseases occurring on and after July 1, 1997, and before July 1, 1998:(A) not more than six hundred seventy-two dollars ($672); and(B) not less than seventy-five dollars ($75);(2) with respect to occupational diseases occurring on and after July 1, 1998, and before July 1, 1999:(A) not more than seven hundred two dollars ($702); and(B) not less than seventy-five dollars ($75);(3) with respect to occupational diseases occurring on and after July 1, 1999, and before July 1, 2000:(A) not more than seven hundred thirty-two dollars ($732); and(B) not less than seventy-five dollars ($75);(4) with respect to occupational diseases occurring on and after July 1, 2000, and before July 1, 2001:(A) not more than seven hundred sixty-two dollars ($762); and(B) not less than seventy-five dollars ($75);(5) with respect to disablements occurring on and after July 1, 2001, and before July 1, 2002:(A) not more than eight hundred twenty-two dollars ($822); and(B) not less than seventy-five dollars ($75);(6) with respect to disablements occurring on and after July 1, 2002, and before July 1, 2006:(A) not more than eight hundred eighty-two dollars ($882); and(B) not less than seventy-five dollars ($75);(7) with respect to disablements occurring on and after July 1, 2006, and before July 1, 2007:(A) not more than nine hundred dollars ($900); and(B) not less than seventy-five dollars ($75);(8) with respect to disablements occurring on and after July 1, 2007, and before July 1, 2008:(A) not more than nine hundred thirty dollars ($930); and(B) not less than seventy-five dollars ($75);(9) with respect to disablements occurring on and after July 1, 2008, and before July 1, 2009:(A) not more than nine hundred fifty-four dollars ($954); and(B) not less than seventy-five dollars ($75);(10) 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);(11) 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);(12) 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); and(13) with respect to disablements occurring on and after July 1, 2016:(A) not more than one thousand one hundred seventy dollars ($1,170); and(B) not less than seventy-five dollars ($75).(k) The maximum compensation with respect to disability or death occurring on and after July 1, 1985, and before July 1, 1986, which shall be paid for occupational disease and the results thereof under the provisions of this chapter or under any combination of its provisions may not exceed eighty-nine thousand dollars ($89,000) in any case.(l) The maximum compensation with respect to disability or death occurring on and after July 1, 1986, and before July 1, 1988, which shall be paid for occupational disease and the results thereof under the provisions of this chapter or under any combination of its provisions may not exceed ninety-five thousand dollars ($95,000) in any case.(m) The maximum compensation with respect to disability or death occurring on and after July 1, 1988, and before July 1, 1989, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of its provisions may not exceed one hundred twenty-eight thousand dollars ($128,000) in any case.(n) The maximum compensation with respect to disability or death occurring on and after July 1, 1989, and before July 1, 1990, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of its provisions may not exceed one hundred thirty-seven thousand dollars ($137,000) in any case.(o) The maximum compensation with respect to disability or death occurring on and after July 1, 1990, and before July 1, 1991, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of its provisions may not exceed one hundred forty-seven thousand dollars ($147,000) in any case.(p) The maximum compensation with respect to disability or death occurring on and after July 1, 1991, and before July 1, 1992, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of the provisions of this chapter may not exceed one hundred sixty-four thousand dollars ($164,000) in any case.(q) The maximum compensation with respect to disability or death occurring on and after July 1, 1992, and before July 1, 1993, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of the provisions of this chapter may not exceed one hundred eighty thousand dollars ($180,000) in any case.(r) The maximum compensation with respect to disability or death occurring on and after July 1, 1993, and before July 1, 1994, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of the provisions of this chapter may not exceed one hundred ninety-seven thousand dollars ($197,000) in any case.(s) The maximum compensation with respect to disability or death occurring on and after July 1, 1994, and before July 1, 1997, that shall be paid for occupational disease and the results thereof under this chapter or under any combination of the provisions of this chapter may not exceed two hundred fourteen thousand dollars ($214,000) in any case.(t) 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, 1997, and before July 1, 1998, two hundred twenty-four thousand dollars ($224,000).(2) With respect to disability or death occurring on and after July 1, 1998, and before July 1, 1999, two hundred thirty-four thousand dollars ($234,000).(3) With respect to disability or death occurring on and after July 1, 1999, and before July 1, 2000, two hundred forty-four thousand dollars ($244,000).(4) With respect to disability or death occurring on and after July 1, 2000, and before July 1, 2001, two hundred fifty-four thousand dollars ($254,000).(5) With respect to disability or death occurring on and after July 1, 2001, and before July 1, 2002, two hundred seventy-four thousand dollars ($274,000).(6) With respect to disability or death occurring on and after July 1, 2002, and before July 1, 2006, two hundred ninety-four thousand dollars ($294,000).(7) With respect to disability or death occurring on and after July 1, 2006, and before July 1, 2007, three hundred thousand dollars ($300,000).(8) With respect to disability or death occurring on and after July 1, 2007, and before July 1, 2008, three hundred ten thousand dollars ($310,000).(9) With respect to disability or death occurring on and after July 1, 2008, and before July 1, 2009, three hundred eighteen thousand dollars ($318,000).(10) 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).(11) 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).(12) 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).(13) With respect to disability or death occurring on and after July 1, 2016, three hundred ninety thousand dollars ($390,000).(u) 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.(v) 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.