...
Summary of differences between federal and state regulations
There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Exclusive state fund.
Exemptions from WC: Law is compulsory for all employers engaged in extrahazardous occupations and elective for all other occupations.
Medical benefits provided: Full.
Physician selection: Employee selects physician.
Benefits for temporary total disability (TTD): 66 2/3 percent of actual monthly earnings for duration of disability.
Benefits for permanent total disability (PTD): Based on earnings in calendar quarter when injured, up to a maximum of $586 per week for up to 80 months. Benefits may be extended by the WC division. Children receive a lump sum equal to $150 per month until age 18 or until 21 if incapacitated, adjusted annually for inflation. If a child is enrolled in an educational institution, the child will receive the benefit to age 21.
Benefits for permanent partial disability (PPD): Based on earnings in the calendar quarter when injured up to a maximum of $586 per week for a period in proportion to scheduled injuries.
Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of TTD benefits.
Disfigurement benefits: Permanent disfigurements of the face or head that affect earning capacity are compensated in proportion to the extent of the disfigurement plus an award based on 2/3 percent of the state average weekly wage.
Death benefits for surviving spouse and children: Based on earnings in the calendar quarter, paid for up to 100 months. Children receive benefits until age 21. Children enrolled or preregistered in an educational institution, including a post-secondary educational institution, may be compensated until age 25.
Maximum burial allowance: $5,000, unless other arrangements exist between employer and employee under agreement. Wyoming will pay an additional amount of $5,000 to cover other related expenses.
Waiting period: 3 days (temporary total disability only). Compensation is retroactive if disability continues for more than 8 days from date of injury.
Rehabilitation: Physical rehabilitation is covered under medical services.
Attorney fees: Determined on an individual case basis by court.
Occupational hearing loss statutes: Employee has 1 year from date of discovery to file for compensation. Benefits are paid according to degree of impairment as is. There is no deduction for preexisting loss.
Drug and alcohol programs
Employers can obtain a premium discount if they comply with a drug and alcohol testing program as defined in state statute Title 27, Chapter 14, Section 201,Rates and classifications; rate surcharge, of the Workers’ Compensation Act. Wyoming’s workers’ compensation law denies benefits to an employee who is injured or killed in an accident while intoxicated or under the influence of a controlled substance not prescribed by a health care provider.
Forms - http://wyomingworkforce.org/businesses/workerscomp/docs/
State
Contact
Workers' Safety and Compensation Division
Regulations
Workers’ Compensation Act
Title 27 Chapter 14
www.lexisnexis.com/hottopics/wystatutes/
Federal
Contacts
None.
Regulations
None.