The proposed legislation, General Assembly Raised Bill No. 5267, aims 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 incapacity benefits if their incapacity occurs after retirement. Additionally, the bill maintains that employees suffering from 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.

Furthermore, the bill specifies that employees injured due to their employer's violation of health and safety regulations will be entitled to receive one hundred percent of their average weekly earnings at the time of the injury. It also outlines specific injuries that are classified as causing total incapacity, such as the total and permanent loss of sight or limbs, and establishes that compensation for partial injuries will not exceed the compensation for the initial injury. The changes are set to take effect on October 1, 2026, and aim to clarify the conditions under which incapacity benefits are awarded.

Statutes affected:
Raised Bill: 31-307