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Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Self-insurance by private carrier or individual employers
Exemptions from WC: Part-time agricultural workers, babysitters, cleaning help, and similar part-time or transient help.
Medical benefits provided: Full
Physician selection: Initial choice made by employee.
Benefits for temporary total disability (TTD): 80% of worker’s spendable earnings for duration of disability until date of medical stability. Benefits subject to offsets under Social Security.
Benefits for permanent total disability (PTD): 80% of worker’s spendable earnings for duration of disability. Benefits subject to reduction by Social Security and any previously awarded PPD benefits.
Benefits for permanent partial disability (PPD): Determined by multiplying $177,000 times the employee’s percentage of permanent partial impairment of the whole person and is payable in a single lump sum, unless the employee is enrolled in a vocational rehabilitation program. Compensation may not be discounted for any present value considerations.
Scheduled awards: N/A
Disfigurement benefits: none
Death benefits for surviving spouse and children: 80% of workers spendable earnings subject to offsets under Social Security and employer pension or profit sharing plan. After 12 years a spouse’s benefit payments are terminated unless spouse is permanently and totally disabled or has reached age 52. Children receive benefits if full-time students regardless of age for first 4 years. Spouse receives 2-year lump sum upon remarriage.
Maximum burial allowance: $10,000
Waiting period: 3 days. Compensation is retroactive if disability continues for more than 28 days from date of injury.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Eligible workers may elect to participate in VR. The employer covers TTD and rehab costs up to $13,300 in a maximum of a 2 year plan. Employees must accept PR or their compensation may be suspended. VR may be terminated for non-cooperation.
Attorney fees: 25% minimum on first $1,000; 10% on balance, statute, determined by agency.
Occupational hearing loss statutes: Employee has two years from date of discovery to file for compensation. Ratings for compensation purposes are determined as a percentage of permanent partial disability or the whole person.
State
Contact
Alaska Workers' Compensation Division
Regulations
Alaska Administrative Code: Title 8, Part 3, Chapters 45, 46, 50, and 55
Alaska Statute Title 23, Chapter 30
Federal
Contacts
None.
Regulations
None.