The Vermont Legislative Research Shop
A Comparison of Workers Compensation Policies for Arkansas, Colorado, Indiana, Maine, New Hampshire, Oregon, and Vermont
Workers compensation serves as an insurance program to cover any injury or illness that originated from a work-related event. A tabular comparison of workers compensation policies between Vermont and six other strategically selected states will reveal the complexity of the policies and the variation among the states. States were selected based on their geographic location, population size, and state industries. Information for this report was derived from charts posted by the United States Department of Labor, at: http://www.dol.gov/dol/esa/public/ regs/statutes/owcp/stwclaw/stwclaw.htm. Some of the differences include:
Coverage of agricultural workers
Unlike Colorado, New Hampshire, and Oregon, Vermont does not consider agricultural workers the same as all other employees. Vermonts policy covers all agricultural workers except those working for an employer whose aggregate payroll is less than $2000 in one calendar year. Arkansas and Indiana permit voluntary coverage and Maine covers all agricultural workers except seasonal or casual.
All surveyed states, except Arkansas, have no exemptions based on the number of employees. Arkansas policy allows exemptions when an employer has three or less employees.
State workers compensation method of payment
Vermont, unlike the other survey states, relies on a method of payment through agreement as opposed to direct payment methods.
Medical benefits and method of physician selection provided by workers compensation statutes in the U.S.
Vermont in accordance with all other surveyed states, except Arkansas, provides benefits with no time or monetary limits. Arkansas benefits cease six months after the injury or a maximum of $10,000 has been paid.
Methods of payment
All surveyed states schedule awards paid in addition to TTD (temporary total disability) benefits.
Vermont, Arkansas, Colorado, Indiana, and Oregon all schedule awards paid upon termination of TTD benefits. Maine pays directly after the accident, while New Hampshire pays concurrently.
Vermont, Arkansas, Colorado, Indiana, and Maine do not schedule reduced awards because of receipt of TTD benefits. New Hampshire and Oregon both schedule reduced awards with Oregon only scheduling if the TTD was overpaid.
Additional and more detailed information can be found in the attached charts.
Completed by Paul Kapsch, Matt Landi, and Sarah Schwartz on March 2, 1999