The proposed legislation, General Assembly Raised Bill No. 6969, seeks to amend the eligibility criteria for incapacity benefits under the Workers' Compensation Act. The bill introduces new provisions that stipulate that any employee who has chosen to retire from the workforce will not be eligible for compensation if their incapacity occurs after retirement. Additionally, the bill maintains that employees suffering total incapacity due to work-related injuries will receive compensation equal to seventy-five percent of their average weekly earnings, with a minimum payment guarantee of twenty percent of the maximum weekly compensation rate, as outlined in section 31-309.

Furthermore, the bill specifies that employees injured due to their employer's violation of health and safety regulations will be entitled to receive compensation equal to one hundred percent of their average weekly earnings at the time of the injury. It also clarifies the types of injuries that are considered to cause total incapacity, including severe vision loss and permanent paralysis. The act is set to take effect on October 1, 2025, and aims to refine the existing framework surrounding incapacity benefits to ensure that those who retire are not able to claim benefits for incapacities that arise post-retirement.

Statutes affected:
Raised Bill: 31-307