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 stipulates that if an employee suffers a total incapacity due to an injury, they will receive weekly compensation equal to seventy-five percent of their average weekly earnings, subject to certain deductions and not exceeding the maximum weekly benefit rate. A significant change introduced in this bill is that employees who choose to retire from the workforce will not be eligible for incapacity benefits if their incapacity occurs after retirement. Additionally, the bill maintains that employees injured due to their employer's violation of health and safety regulations will receive full compensation based on their average weekly earnings.

Furthermore, the bill outlines specific injuries that will be classified as causing total incapacity, including total and permanent loss of sight, loss of limbs, and certain severe injuries resulting in paralysis or mental illness. It also clarifies that employees who have previously suffered a loss of use of a body part will not receive additional compensation for subsequent injuries beyond what is allowed for the initial injury. The changes proposed in this bill are set to take effect on October 1, 2025, and aim to refine the criteria for receiving incapacity benefits while ensuring that employees who have retired are not able to claim benefits for incapacities that arise post-retirement.

Statutes affected:
Raised Bill: 31-307