benefit in most States. Comparison of Benefit Schedules, In an attempt to throw some light on this question, a study was made Unemployment Compensation and of the benefit formulas in the various laws. The workmen's compen• Workmen's Compensation sation formulas for cash benefits for total temporary disability were cho• By Helen Ward Tippy* sen as most closely comparable to WHAT PROPORTION of loss should for temporary total disability, on the benefits for total unemployment. be compensated is a basic problem in other hand, ranges from 40 to 70 Both cover current risks which result any social insurance program which percent and, if dependents' benefits in a 100-percent wage loss. The com• relates benefits to the wage loss suf• are included, from 50 to 100 percent parison is confined to the wage base fered by the claimant. Under most of the "wage" of the claimant, again on which benefits are computed, the State unemployment compensation within specified minimum and maxi• percentage or fraction of the wage laws, the weekly benefit in theory ap• mum limitations. The benefit sched• provided as a weekly benefit, and the proximates 50 percent of the full-time ules in these two programs are fre• minimum and maximum weekly bene• weekly wage, within specified mini• quently compared with respect to fit amounts. Other elements of the mum and maximum limitations. their liberality to claimants. This benefit formula, such as eligibility The workmen's compensation benefit comparison raises the question conditions and the duration of bene• *Bureau of Security, Pro• whether the workmen's compensation fits, are not included. Both eligibility gram Division. benefit is in fact higher than the and duration are based on such dif- fering considerations under the two have also operated to exclude many though the session laws were ex• programs as now established that claimants from all benefit rights by amined for the 1942 and 1943 legisla• they are not comparable. increasing the minimum earnings tive sessions to bring the material on necessary for benefit eligibility. workmen's compensation more nearly The right to workmen's compensa• Similarly, in some States, higher up to date, the sole source of infor• tion benefits is an outgrowth of the weekly benefits for claimants in the mation on provisions which were not common law tort obligation of the em• lower earnings brackets have been amended in one of these two sessions ployer to his employees for injuries counterbalanced by shorter duration was a digest, rather than the law it• received in the course of their employ• of benefits than that provided for self. A more important limitation is ment as a result of his negligence. claimants in the higher earnings the difficulty of interpreting the Eligibility for benefits, therefore, is brackets. wage-base data under the workmen's not based on proof of attachment to There is no corresponding relation compensation laws, and of compar• the labor market, as under the unem• under the workmen's compensation ing benefit formulas which differ ployment compensation laws, but at• laws between the weekly benefit radically. taches to the employment relation it• amount and eligibility for benefits. self. Similarly, the duration of bene• A high minimum weekly benefit under Difficulty of interpreting wage-base fits under the most liberal workmen's these laws, therefore, is "liberal" in a data under workmen's compensation compensation laws is determined more absolute sense than a high mini• laws.—The definitions of the wage solely by the length of the period mum under the unemployment com• base included in the majority of the during which the worker or his de• pensation laws. Interestingly enough, workmen's compensation laws are not pendents suffex from the results of an the relation of the workmen's com• self-explanatory. The provision in industrial accident or disease. Under pensation weekly benefit to the maxi• the Florida law illustrates this diffi• other laws it varies from 78 to 1,000 mum duration of benefits is the re• culty. The weekly wage for benefit weeks. "Temporary" disability for verse of that under many unemploy• purposes in Florida equals 1/13 of the the purpose of these laws refers mere• ment compensation laws. With the earnings in the 13-week period pre• ly to a disability which has not been exception of 4 States, claimants in the ceding the accident, if the worker determined to be permanent. Under lower earnings brackets can draw was in the same employment during State unemployment compensation benefits for the full duration speci• "substantially" the whole of that laws, on the other hand, benefits are fied in the law. In 19 States, how• period. Alternatively, the wage of a limited to a relatively brief period. ever, the theoretical duration is in similar employee or the full-time The limitation is imposed in part for fact reduced for claimants in the wage is used. financial reasons, and in part on the higher earnings brackets by a limita• If the alternative of the "full-time theory that a cash benefit, payable as tion on the total dollar amount pay• wage" gives a key to the legislative a matter of right, is not appropriate able, and in one the theoretical total intent in drafting the provision, the in prolonged unemployment. After a amount payable is reduced by the 1/13 formula should be used only if the limited period it is assumed generally maximum limit on the duration of claimant worked practically full-time that a work benefit or public assist• benefits. In 1 State (Rhode Island), during the 13 weeks in question. By ance payable on proof of need should the claimant entitled to the minimum the same logic, if the wage of a be substituted to prevent malingering. weekly benefit amount is the only one "similar" employee is used, an em• Although the comparison in this who can draw benefits for the theo• ployee who has worked full time study is limited to the factors which retical maximum period of 1,000 should be chosen. However, a worker determine the weekly benefit amounts weeks (more than 19 years), while the may be said to have been in the same payable under the two programs, the claimant entitled to the maximum employment during "substantially" relationship of these factors to the weekly benefit is limited to a period the whole of a given period if he per• other elements of the benefit formula of 600 weeks (11.5 years). formed some work in the same has an important bearing on the The comparison of the benefit employment during a substantial actual liberality of the benefits pro• schedules of the two programs as majority of the working days during vided. The relation of the minimum made in this report is of necessity the period, even though he may have weekly benefit amount to the eligi• merely a rough appraisal of their rela• suffered serious . bility requirements under 26 State tive liberality. Within the limitations Moreover, if the injured worker suf• unemployment compensation laws is set, it was not possible to examine all fered serious underemployment, an• an illustration. To qualify for bene• the laws or any of the administrative other worker who was likewise under• fits in these States, the claimant must and court interpretations of the perti• employed might be considered a have earned in employment covered nent provisions. The data are based similar employee if he worked in the by the law equal to a specified chiefly on digests of the laws.1 Al- same or a similar occupation. Al• multiple (ranging from 15 to 40) of 1 Data for unemployment compensation though this law may be classified his weekly benefit amount in his base laws, from the Comparison of State Un• logically as one which uses the full- period (a 1-year period under 24 of employment Compensation Laws as of time wage as a base, it would be neces• the 26 laws). Thus, although Dec. 31, 1941, revised to Jan. 8, 1944. sary to study the administrative ap- amendments increasing the minimum Data for workmen's compensation laws compiled from: Digest of Workmen's sation Laws—as of September 1943. U.S. weekly benefit payable under these Compensation Laws, 16th ed., Association Department of Labor, Division of Labor laws have been "liberalizing" amend• of Casualty and Surety Executives, 1942; Standards, Stat. Bulletin No. 62. 1942 and ments from one point of view, they Principal Features of Workmen's Compen- 1943 Session Laws of the various States. plication and court interpretations of fied fraction or percentage of earnings factor in the determination of the the definition to determine accurately in the quarter of highest earnings in percentage of the full-time wage loss the wage base for workmen's compen• the base period, within the minimum compensated. sation benefits in Florida. and maximum range of benefits. As The wage-base provisions may be is shown in the tabulation, four of classified roughly into two main these laws provide for the use of 50 groups: (1) those in which the wage Unemployment Compensation percent of the full-time wage as an al• used for benefit determinations is Benefit Formula ternative. Although no definite in• the average wage for weeks of em• formation is readily available on the ployment in a specified period and The provisions for determining the extent to which the alternative is (2) those in which the wage is the weekly benefit amount under the un• actually applied, it is probable that full-time wage or a close ap• employment compensation laws fall for the majority of the claimants the proximation of that wage. Given into two main groups, as follows: high-quarter formula is used. For these provisions, it is clear that the Formula Number of states this reason, the full-time wage alter• amount of employment or unemploy• Total 51 native is ignored in this discussion. ment experienced by the claimant Weighted tables 1 14 The percentage of wage loss, in re• in the period preceding his injury Based on high-quarter earnings lation to full-time earnings, com• may be a factor in determining the 6 pensated under these laws depends on percentage of the full-time wage loss Based on annual earnings 7 the amount of employment which the compensated. Partial unemployment Based on average weekly wage 1 claimant had during the high quar• will reduce the percentage under the Percentage or fraction of high-quarter earnings ter. (For the worker whose benefit average-for-weeks-of-employment 37 amount is determined by the weekly formulas. Under the formulas which 6% 1 l/20 2 12 minimum or maximum, of course, the apparently approximate the full- 1/22 1 percentage will depend also on the re• time wage, the effect of underem• 1/23 2 lation of his wage rate to the speci• ployment will depend on the inter• 1/25 3 10 fied minimum or maximum benefit pretation given to the various parts 1/26 4 11 amount.) For the claimant who was of the formula. The benefit under 1 As of Jan. 8, 1944. employed full time during his high the laws which definitely spell out 2 One State uses the 1/20 formula as an quarter but alternativdid not ewor to k 50% of the , full-tima the wagefull-tim. e wage as the base for 1/26 formula will compensate for 50 computation will not be affected by 3 One State uses 50% of the full-time percent of waghise wagas aen lossalternative. Unde. r the previous underemployment. Over• 4 Two States use the 1/26 formula as an more liberalalternativ laws, the et o 1/2500% oformulf the full-tima timee wage, on . the other hand, will operate will compensate for 65 percent of to increase the benefit under average- wage loss under the same conditions. for-weeks-of-employment formulas. Weighted tables.—The percentage If, on the other hand, the claimant Under the laws with a full-time wage of earnings payable under laws which was underemployed during his high base the effect of overtime will de• determine weekly benefits by a quarter, the percentage compensated pend on whether it is excluded or weighted table differs as between will drop. Any underemployment taken into consideration as a legit• claimants in the different earnings during the high quarter will reduce imate part of the full-time wage. categories. Generally, a larger per• the weekly benefit under the 1/26 Table 1 presents a summary state• centage of the earnings is allowed to formula below the theoretical 50 per• ment of these formulas. claimants with low earnings than is cent of the wage loss. The 1/20 for• given to claimants with high earnings. mula allows for 3 weeks of unem• Average for Weeks of Employment In tables which use quarterly earnings ployment in the high quarter before as a base, the maximum and mini• the percentage compensated drops The wage base under 15 laws2 is mum percentage allowed, in terms of below 50 percent. On the other hand, the average wage for weeks of em• the full-time wage, can be computed overtime during the high quarter will ployment in a specified period, gener• on the assumption that the high increase the percentage of wage loss ally a year. The majority of these quarter is a quarter of full-time earn• compensated under all of these laws. laws provide that, if the average wage ings. However, for States with tables is unfair to the claimant, the earn• based on annual earnings, no valid ings of another employee in the same comparison can be made with laws Wage-Base Provisions, Workmen's or a similar occupation in the same which base benefits on weekly wages, Compensation Laws locality should be taken into con• because annual earnings may cover sideration. In Alaska, if the average extended periods of unemployment or The benefit formula under the wage is otherwise unascertainable, it underemployment. No attempt has workmen's compensation laws is ex• is to be taken to be $25. Massachu• been made, therefore, to compare this pressed in entirely different terms. setts, in order to exclude excessive aspect of the benefit formula for those With the exception of two laws which underemployment, does not consider provide a flat benefit, the weekly bene• as "weeks of employment" any weeks States which base their unemploy• fit under all the laws is a given per• ment benefit on annual earnings. 2Alabama, Alaska, Arkansas, Connecti• centage of the wages or earnings of cut, Hawaii, Indiana, Massachusetts, North Percentage of earnings.—The 37 the claimants. The method specified Carolina, North Dakota, South Carolina, laws included in the second group pro• for the determination of wages or South Dakota, Tennessee, Vermont, Vir• vide a weekly benefit equal to a speci• earnings, therefore, is an important ginia, West Virginia. in which the earnings of the claimant year preceding the injury. As an al• provide for the payment of a flat ben• were less than $5, unless his "normal" ternative, the wage of a similar em• efit, which is increased if the injured working hours were less than 15 a ployee is used. Under the laws of Illi• employee has dependents, but is un• week. The laws of Hawaii and North nois, Iowa, Missouri, and New York, related to his previous wages. The Dakota provide that, if the claimant the daily wage is multiplied by 300 or comparison with wage loss compen• at the time of the injury is earning the number of normal working days in sated, therefore, is not pertinent for a higher wage than he earned earlier the year, but (except in Illinois) not those two laws. in the year, only the higher wage shall less than 200. Missouri provides be considered in determining the av• that, in the alternative, the wage of erage wage. a similar employee shall be used. Percentage of Wage Loss Under the laws in this group, the New York specifies that the annual Compensated percentage of the wage allowed as a earnings should represent the earn• Table 2 summarizes the weekly benefit ranges from 50 to 66 2/3 per• ing capacity of the employee. Illi• minimum and maximum and the per- cent, with 9 laws (10 if dependents' nois and Iowa exclude overtime from cent-of-wage provisions of the unem• benefits are considered) giving 60 per• the computation. ployment compensation and work• cent or more. Thus, even if there is Under six of these laws, the weekly men's compensation laws. For the some partial unemployment during benefit ranges from 60 to 66 2/3 percent purpose of comparing the percent-of- the claimant's period of employment, of the weekly wage, with four giving wage provisions, the formulas for de• he may still be compensated for 50 66 2/3 percent. In Illinois, the per• termining the weekly benefit amount percent or more of his full-time wage centage ranges from 50 percent for under the unemployment compensa• loss in the majority of these States. the claimant without dependents to tion laws have been translated into a maximum of 65 percent if there are a percentage of the full-time wage Full-Time Wage dependents; 17.5 percent of the bene• during a period when there is full- Full-time wage under specified fit as so computed is added, however. time employment (but no over• conditions; otherwise average wage.— Full-time wage.—Of the remaining time) during the quarter of highest Four States3 base the weekly benefit 21 State laws in this group, four ap• earnings. No percentages are given on the full-time wage under certain parently, and the rest clearly, base for the 7 State laws which establish conditions, or as an alternative, on the the benefit amount on the full-time a weighted table based on annual average wage. Delaware and Ne• wage. It should be noted, however, earnings for the determination of the braska use the full-time wage except that the California formula uses a weekly benefit amount. Moreover, for workers in seasonal industries. wage base equal to 95 percent of the although the percentage range is Both exclude overtime in the com• full-time wage, including overtime. given for States with weighted tables putation of the full-time wage and For the claimant who was earning a based on weekly or quarterly earnings, compute the weekly wage of seasonal higher wage at the time of the acci• no attempt has been made in the dis• workers as 1/50 of total earnings in dent than earlier in the year, the cussion which follows to compare the the year preceding the accident. The Idaho and Kentucky laws consider percentage of wage allowed under the Maine law bases the benefit amount on only the higher wage. Montana and two programs in these States, because the full-time wage unless the claim• Wisconsin exclude overtime from con• the percentage varies under the un• ant had less than 250 working days sideration. The Utah wage provision employment compensation laws for in the year. For such claimants, the is phrased in terms of the 300-times- the different wage categories. For wage is taken to equal his earnings the-daily-wage formula; it provides, the laws which increase the percent• divided by the number of weeks in the however, that the daily wage shall be age if the injured employee has de• same employment, or the wage of a computed to give full time and that pendents, both the maximum and similar employee. In Ohio, the bene• the multiplier may be increased to minimum percentage payable are fit during the first 12 weeks of dis• 332, depending on the number of days shown. ability is based on the full-time wage, worked per week. These two speci• For the unemployment compensa• but thereafter on the average wage. fications appear to bring the law tion laws, the percentages range from Under these four laws, the benefit clearly within the full-time wage 50 to 78 percent of the weekly wage; is 60 percent or more of the wage as group. for workmen's compensation, from 40 defined. The percentage of the wage given to 70 percent. If dependents' bene• Approximate full-time wage for• as a benefit for this group of States fits for workmen's compensation are mula.—Under 7 laws4 the average ranges from 40 to 70 percent (or from considered, however, the maximum weekly wage equals the average daily 50 to 100 percent if dependents are percentages payable range from 50 to wage multiplied by 300 and divided considered). Under 15 of the 21 laws, 100+. Of the 36 unemployment com• by 52. the benefit is 60 percent or over. If pensation laws for which a straight There are several variants of this additional benefits for dependents are percentage can be computed, 23 give formula. In the District of Colum• included, a maximum percentage of less than 60 percent and 13 give 60 bia, Oklahoma, and Texas, the for• 60 percent or over is payable under percent or more, in contrast to 13 and mula is used only if there was "sub• 18 laws. 35, respectively, of the workmen's stantially" in the Other provisions.—The Nevada law compensation laws. The maximum 3 Delaware, Maine, Nebraska, Ohio. provides a benefit equal to 60 percent percentage figures for the workmen's 4 District of Columbia, Illinois, Iowa, of monthly wages but does not define compensation laws, taking depend• Missouri, New York, Oklahoma, Texas. "wages." Washington and Wyoming ents' benefits into consideration, are Table 1.—Benefit rates and wage base under State workmen's compensation laws for temporary total disability Benefit rates2 State1 (arranged according to Wage base Weekly limits State wage base used Percent under law) of wages Minimum Maximum Average, wage for weeks of employment (15 States) Alabama Earnings for 52 weeks divided by 52. Divisor reduced if more than 7 55 to 65 $5.00 or full wage $18.00 Alabama consecutive days of unemployment.3 Alaska Where average wages are not otherwise ascertainable, taken to be $25 65 None None Alaska Arkansas EarningsEarning fors yearfor 26divided week bys divideweeks ofd employmentby numbe 3r of weeks actually employed. 65 7.00 20.00 Arkansas Connecticut If less than 2 weeks, prevailing wage in employment. 50 7.00 30.00 Connecticut Computed in manner best calculated to give average earnings during Hawaii preceding 12 months.3 4 66 2/3 8.00 or full wage 25.00 Hawaii Earnings for 52 weeks divided by 52. Divisor reduced if over 7 days Indiana of unemployment. Maximum weekly wage considered, $34. 55 10.01 or full wage 18.70 Indiana Minimum, $18.20.3 5 Annual earnings divided by 52. If over 2 weeks of unemployment, Massachusetts divisor reduced.3 Excludes weeks of earnings below $5 unless nor• 66 2/3 (6) 20.00 Massachusetts mal hours below 15. Earnings for year divided by 52. If over 7 consecutive days of unem• North Carolina ployment, divisor reduced.3 60 7.00 21.00 North Carolina Computed in manner best calculated to give average weekly earnings 9.00 or full wage North Dakota during year.3 4 66 2/3 20.00 to 25.00 North Dakota Earnings for year divided by 52. If more than 7 consecutive days of South Carolina unemployment, divisor reduced. 60 5.00 25.00 South Carolina Earnings for 52 weeks divided by 52, or number of weeks actually South Dakota worked. In irregular , earnings for year in same 55 7.50 or full wage 15.00 South Dakota employment divided by weeks worked.3 7 Earnings for year divided by 52. If more than 7 consecutive days of Tennessee unemployment, divisor reduced. 60 7.00 or full wage 18.00 Tennessee Computed to give average weekly earnings during 12 weeks preceding Vermont injury. Excludes time lost for sickness or lay-off.3 4 50 7.00 or full wage 15.00 Vermont Earnings for year divided by 52. If more than 7 consecutive days of Virginia unemployment, divisor reduced.3 55 6.00 18.00 Virginia Average wages at time of injury. "Time of injury" to be 60 days, 6 West Virginia months, or 1 year—one most favorable to the claimant. 66 2/3 8.00 16.00 West Virginia Full-time wage under specified conditions; otherwise, average wage (4 States) Delaware Remuneration rate at time of accident. If paid by day, hour, or 60 $8.00 or full wage $18.00 Delaware output, weekly wage = 5½ x average normal daily earnings.7 8 Seasonal work—1/50 total earnings. If employment in preceding year at least 250 full days, use wage for Maine hours, and days constituting full workweek. Otherwise average 66 2/3 7.00 21.00 Maine for weeks of employment.3 7 In continuous employments, use weekly for full workweek.7 Nebraska For seasonal employments, 1/50 of earnings for all employment 66 2/3 6.00 or full wage 15.00 Nebraska during year preceding injury.8 For first 12 weeks, use full-time weekly wage. Thereafter, average Ohio wage at time of injury. 66 2/3 8.00 or full wage 21.00 Ohio Approximate full-time wage (7 States) District of Columbia If substantially full employment, 300x average daily wage divided 66 2/3 $8.00 or full wage $25.00 District of Columbia by 52.3 Average annual earnings = average daily wage x 300 or normal working Illinois days per year.7 (9) 8.81 to 12.03 17.63 to 23.50 Illinois Average annual earnings = average daily wage x 300 or normal working Iowa days (not less than 200) per year.7 60 6.00 or full wage 15.00 Iowa Average annual earnings = average daily wage x 300 or normal working Missouri days (not less than 200) per year.3 66 2/3 6.00 or full wage 20.00 Missouri Average daily wage x 300 (or not less than 200) divided by 52. Annual New York earnings to represent earning capacity of employee. 66 2/3 8.00 or full wage 25.00 New York Average daily wage x 300 divided by 52 if worked substantially full Oklahoma year.3 66 2/3 8.00 or full wage 18.00 Oklahoma Average daily wage x 300 divided by 52 if in same employment for substantially full year.3 60 7.00 20.00 Texas Full-time wage (21 States)

Arizona Average during month of injury. If not continuously employed 65 10 None 10 None 10 Arizona during month, sum representing earning capacity of employee. Computed variously to take account of days and hours of work and California basis of remuneration to achieve about 95 percent of full wage. 65 $6.50 11 $30.00 11 California Maximum wage $16.66.12 Minimum, $10.5 Based on monthly, weekly, daily, hourly, or other remuneration of Colorado employee. 50 5.00 14.00 Colorado 1/13 earnings in 13 weeks if in same employment during substantially Florida whole period, or wages of similar employee, or full-time wage. 60 8.00 or full wage 22.00 Florida Georgia Regular wage received at time of accident3 50 4.00 or full wage 20.00 Georgia If worked substantially full year, average for year. Otherwise, daily 12 Idaho wage x days of employment per week.3 4 65 to 100 + 6.00 to 8.00 12.00 to 16.00 Idaho Wages = money rate: daily wage x working days (not less than 5) in Kansas ordinary workweek. 60 6.00 18.00 Kansas Kentucky Average wages based on earnings while working full time 4 65 5.00 15.00 Kentucky See footnotes on next page. 8 laws with less than 60 percent and 26 of the workmen's compensation loss compensated in the majority of 40 with 60 percent or more. laws give 60 percent or more. If de• States for which a direct comparison If the comparison is limited to the pendents' allowances are included, can be made. 33 laws for which straight percent• only 4 workmen's compensation laws ages are given under both programs, give percentages of less than 60, and Effect of overtime.—During periods 23 of the unemployment compensa• 29 give 60 percent or more. Thus, of labor shortage when overtime may tion laws as against 7 of the work• for claimants who worked full time be worked by many employees, the men's compensation laws give less but no overtime during the period on effect of overtime pay on the weekly than 60 percent of the full-time wage which their benefits are based, the benefit amount may be concentrated as a benefit, and 10 of the unemploy• workmen's compensation program is under the unemployment compensa• ment compensation laws as against more liberal in the percentage of wage tion laws which base benefits on Table 1.—Benefit rates and wage base under State workmen's compensation laws for temporary total disability—Continued

Benefit rates 2 State 1 (arranged according to wage base used Wage base Weekly limits State under law) Percent of wages Minimum Maximum Full-time wage (21 States)—Continued Louisiana Based on daily rate of pay. If paid by hour, weekly wage = hourly 65 3.00 or full wage 20.00 rate x hours in working day x working days per week. Louisiana Maryland AveragAnnuale earningswage base = 5d2 oxn averag full-time weekle employmeny wage. t Average weekly wage = 66 2/3 10.00 or full wage 23.00 Maryland Michigan not less than 40 x hourly rate; or earnings per year divided by num• 66 2/3 10.00 21.00 Michigan ber of days when work was performed x number of working days per week, but not less than 5.3 Normal daily wage x days and fractions of days in normal workweek, Minnesota with minimum of 5 days. 66 2/3 8.00 or full wage 20.00 Minnesota Wages = average daily wages at time of injury for usual hours of Montana employment per day.7 50 to 66 2/3 8.00 15.00 to 21.00 Montana New Hampshire Based on earnings at full time during year (or less) with same employer50 8.0precedin0 g injury. 21.00 New Hampshire Daily rate x 5 to 7, according to working days per week. If paid by New Jersey hour, use hourly rate x customary working hours. 66 2/3 10.00 or full wage 20.00 New Jersey Based on wage rate: hourly rate x hours per day x days per week: New Mexico monthly rate x 12 divided by 52.3 60 10.00 or full wage 18.00 New Mexico Monthly wage = 26 x daily wage, or if employee worked 7 days a week, 6.90 or full wage 14 Oregon 30x daily wage. 40 to 66 2/3 to 9.30 14 12.79 to 22.55 Oregon Based on wage rate. Special provisions for individuals on piece, hour, Pennsylvania or day rates.3 5 66 2/3 (15) 18.00 Pennsylvania Average weekly wage at time of injury, counting wages while working Rhode Island full time. Full time means not less than 40 x hourly rate. 60 12.00 20.00 Rhode Island Average weekly wage = daily wage x 300 or 332 (depending on days Utah per week) divided by 52. Daily wage computed to give full time. 60 to 85 7.00 or full wage 16.00 Utah Average weekly wage between $12.50 and $35.00; average weekly Wisconsin earnings = daily earnings x number of days worked in normal 70 8.75 24.50 11 Wisconsin work.7

No definition of wage base (1 State)

Nevada 66 2/3 10 $6.90 to 90.30 10 13 $16.74 to 19.00 10 13 Nevada Flat benefits unrelated to wage (2 States)

Washington $5.23to 6.90 14 15 $11.60 to 17.46 14 17 Washington Wyoming 11.60 14 18 25.38 14 19 Wyoming 1 Excludes Mississippi; no workmen's compensation law. 11 No minimum or maximum weekly benefit is specified. Computed from the 2 Where a range is given, the lower percentage or amount is for the claimant percent of the wage allowed as a benefit, as applied to the minimum and maxi• without dependents. In the "percent of wage" column, the higher figure is mum weekly wages taken into consideration under the law. the maximum payable to a claimant with dependents; in the "minimum weekly 12 Maximum average weekly earnings increased from $38.46 to $46.66. In• benefit amount" column, it is the minimum payable to a claimant with 1 depen• crease to remain in effect until 91 days after final adjournment of the 56th regular dent; in the "maximum weekly benefit amount" column, it is the maximum legislative session (1945) or until the cessation of hostilities. payable to a claimant with the maximum number of dependents for whom 13 5 percent added for each additional dependent child, with no statutory additional benefits are provided unless otherwise noted. In some of the States maximum. where the "full wage" is given as an alternative to the dollar minimum weekly 14 Computed by dividing the monthly payment specified in the law by 4.3. benefit amount, it is probable that the actual alternative is an average wage. 15 The lesser of $9 or the full wage, but in no case less than $5. 3 Under certain circumstances, take in to consideration the earnings of another 16 The lowest benefit amount payable to a claimant without dependents is employee in the same or a similar occupation. that payable, during the first 6 months of disability, to a married woman whose 4 If employment at the time of the injury is at a higher wage than previously husband is not an invalid; after 6 months, it is increased. The lowest benefit during the year, consider only such higher wage. amount payable to a claimant with 1 dependent is that payable, during the first 5 Includes overtime. 6 months of disability, to a married woman whose husband is not an invalid but 6 The lesser of $11 or the full wage, but in no case less than $7 if the normal who has 1working child under 18 years of age;hour aftes arer 6 1months5 or mor, ei t peisr increasedweek. . 7 Excludes overtime. 17 The lower amount is payable to an unmarried claimant without dependents. 8 Excludes gratuities and the of board and lodging unless the value is The higher is payable, during the first 6 months of disability, to a claimant with fixed at the time of hiring. a wife or invalid husband and 2 children under 18 years of age. $1.74 is added 9 For individuals without dependents, the benefit amount is equal to 50 percent for each additional child under 18. After 6 months, the benefit is increased. of wages, plus 17.5 percent of the benefit as so computed. For individuals with 18 Flat benefit payable to a claimant with no dependents. dependents, the benefit amount may be increased to 65 percent of wages, plus 17.5 19 Maximum benefit payable to a claimant with dependents. percent of the benefit amount as so computed. 10 $10 monthly (or $2.33 weekly) added to the benefit for dependents. Since the Sources: Association of Casualty and Surety Executives, Digest of Workmen's increase for dependents is a flat dollar amount, the percent of wages will vary. Compensation Laws. 16th ed., 1942. U. S. Department of Labor, Division of Labor Standards, Principal Features of Workmen's Compensation Laws—as of September 1943, Bulletin No. 62. 1942 and 1943 Session Laws of the various States. Table 2.— Comparison of benefit schedules for total unemployment under unemployment compensation and for temporary total dis• ability under workmen's compensation, by State and by wage base used under the workmen's compensation laws

Percent of wages Minimum weekly benefit amount Maximum weekly benefit amount State 1 (arranged according to wage base- workmen's compensation) Unemployment Workmen's Unemployment com• Workmen's compensa• Unemployment Workmen's com• compensation 2 compensation 3 pensation 3 tion 3 compensation pensation 3 Average wage for weeks of employment (15 States) Alabama 50 55 to 65 $2.00 $5.00 or full wage $15.00 $18.00 Alaska 65 65 5.00 None 16.00 None Arkansas 50 65 3.00 7.00 15.00 20.00 Connecticut 50 4 50 6.00 7.00 22.00 30.00 Hawaii 52 66 2/3 5.00 8.00 or full wage 20.00 25.00 Indiana 52 55 5.00 10.00 or full wage 18.00 18.70 Massachusetts 65 66 2/3 6.00 (5) 18.00 20.00 North Carolina (5) 60 3.00 7.00 15.00 21.00 North Dakota 50 66 2/3 5.00 9.00 or full wage 15.00 20.00 to 25.00 South Carolina 50 60 4.00 5.00 15.00 25.00 South Dakota (6) 55 7.00 7.50 or full wage 15.00 15.00 Tennessee 50 7 60 5.00 7.00 or full wage 15.00 18.00 Vermont 60 to 50 50 6.00 7.00 or full wage 15.00 15.00 Virginia 52 55 4.00 6.00 15.00 18.00 West Virginia (6) 66 2/3 7.00 8.00 18.00 16.00 Full-time wage under specified conditions; otherwise, average, wage (1 States) Delaware 52 60 $5.00 $8.00 or full wage $18.00 $18.00 Maine (6) 66 2/3 6.00 7.00 18.00 21.00 Nebraska 52 66 2/3 5.00 6.00 or full wage 15.00 15.00 Ohio 59 to 54 66 2/3 5.00 8.00 or full wage 16.00 21.00 Approximate full-time wage (7 States) District of Columbia 57 66 2/3 $6.00 to 7.00 $8.00 or full wage $20.00 8 $25.00 Illinois 65 (9) 7.00 8.81 to 12.03 18.00 10 17.63 to 23.50 Iowa 50 11 60 5.00 or full wage 6.00 or full wage 15.00 15.00 Missouri 52 66 2/3 3.00 6.00 or full wage 18.00 20.00 New York 57 66 2/3 10.00 8.00 or full wage 18.00 25.00 Oklahoma 65 66 2/3 6.00 8.00 or full wage 16.00 18.00 Texas 50 60 5.00 7.00 15.00 20.00 Full-time wage (21 States)

Arizona 50 11 65 12 $5.00 None 12 $15.00 None 12 California 65 65 10.00 $6.50 13 20.00 $30.00 13 Colorado 52 14 50 5.00 5.00 15.00 14.00 Florida 65 to 54 60 5.00 8.00 or full wage 15.00 22.00 Georgia 54 to 49 50 4.00 4.00 or full wage 18.00 20.00 Idaho 62 to 40 55 to 100 + 13 5.00 6.00 to 6.55 18.00 12.00 to 16.00 Kansas 52 60 5.00 6.00 15.00 18.00 Kentucky (6) 65 5.00 5.00 16.00 15.00 Louisiana 65 15 65 3.00 3.00 or full wage 18.00 20.00 Maryland 65 66 2/3 7.00 10.00 or full wage 20.00 23.00 Michigan 65.. 66 2/3 10.00 10.00 20.00 21.00 Minnesota (6) 66 2/3 7.00 8.00 or full wage 20.00 20.00 Montana 52 50 to 66 2/3 5.00 8.00 15.00 15.00 to 21.00 New Hampshire (6) 50 6.00 8.00 18.00 21.00 New Jersey 59 66 2/3 7.00 10.00 or full wage 18.00 20.00 New Mexico 50 60 5.00 10.00 or full wage 15.00 18.00 Oregon 78 40 to 66 2/3 10.00 6.9(18)7 to 9.30 or fullwage 1715.0 0 12.79 to 22.55 17 Pennsylvania 52 66 2/3 8.00 18.00 18.00 Rhode Island 160 to 74 60 6.75 12.00 18.00 20.00 Utah 65 60 to 85 5.00 7.00 or full wage 20.00 16.00 Wisconsin 66 2/3 to 50 19 70 8.00 8.75 13 20.00 24.50 13 No definition of wage base (1 State)

Nevada 65 66 2/3 $5.00 $6.90 to 9.30 13 $15.00 $16.74 to 19.00 13 No definition of wage base; flat benefits (2 States) Washington 65 $7.00 $5.23 to 6.90 17 20 $15.00 $11.60 to 17.46 17 21 Wyoming 65 7.00 11.60 17 22 20.00 25.38 17 23

1 Excludes Mississippi; no workmen's compensation law. without dependents. In the "percent of wage" column, the higher figure is the 2 For laws which provide a weekly benefit equal to a specified fraction of earnings maximum payable to a claimant with dependents; in the "minimum weekly in the calendar quarter in the "base period" in which the earnings are the high• benefit amount" column, it is the minimum payable to a claimant with 1 de• est, a percent of the weekly wage has been calculated on the assumption that there pendent; in the "maximum weekly benefit amount" column, it is the maximum is full employment but no overtime in the high quarter. For those laws which payable to a claimant with the maximum number of dependents for whom addi• include a weighted table based on high-quarter earnings, the percent of wages is tional benefits are provided, unless otherwise, noted in footnotes. In some of the given as a range from the percent allowed claimants with the highest earnings States where "full wage" is given as an alternative to the dollar minimum which will entitle them to the minimum weekly benefit, to the percent allowed weekly benefit amount, it is probable that the actual alternative is an average wage. claimants with the lowest earnings required to entitle them to the maximum 4 Table based on weekly earnings which are defined as 1/13 of total wages in the weekly benefit. No percentages are given for States with weighted tables based high quarter. However, 60 percent of weekly earnings is allowed at the mini• on annual earnings. mum, and 51 percent at the maximum. 3 Where a range is given, the lower percentage or amount is for the claimant earnings in the high quarter. How• sation laws (with the exception of the pend on the pattern of employment ever, the effect of overtime on the laws in the 7 States which base bene• and unemployment of the claimants. benefit formula is restricted by the fits on annual earnings) than under In 3 of these States, the unemploy• limitations on the maximum weekly the workmen's compensation laws ment benefit is based on annual earn• benefit payable. Except for workers which include overtime pay as wages. ings; the remaining 12 States use the paid at relatively low rates, this maxi• On the other hand, since the per• high-quarter formula. Any total or mum will operate to prevent pro• centage of wages payable under the partial unemployment in the base longed overtime from increasing the latter laws is considerably higher period under the laws of the first 3 weekly benefit amount excessively. than under the majority of the un• States, or in the high quarter under For the 15 workmen's compensation employment compensation laws, it the other 12 laws, will lower the per• laws which base benefits on the aver• should, at least in theory, take con• centage of wage loss compensated for age wage for weeks of employment, siderable overtime to raise the per• unemployed claimants who are not although overtime will be included centage of full-time wage loss com• affected by the minimum benefit. The and will operate to increase the per• pensated under the unemployment workmen's compensation laws, on the centage of the wage loss compen• compensation laws above that com• other hand, eliminate weeks of total sated, within the maximum limita• pensated under the majority of the unemployment from the wage base tion, there is more chance that over• workmen's compensation laws. under the average-for-weeks-of-em- time in one part of the "base" pe• ployment formula. Partial unem• riod will be counterbalanced by un• Effect of partial unemployment.— ployment in the "base period," how• deremployment during the rest of the In periods of underemployment, the ever, will operate to lower the year. Of the 32 States which base advantage appears to be with the unemployment compensation benefit their workmen's compensation bene• workmen's compensation claimants in these 15 States. Of the 11 of these fit on the full-time wage or a close under the majority of the laws. In unemployment compensation laws for approximation of it, 7 are known to the full time wage States, unemploy• which percentages under the unem• exclude overtime. For the others, ment will not reduce the percentage ployment compensation laws have the material examined does not indi• of wage loss payable. In view of the been computed, 9 allow less than 60 cate whether overtime is included or definitions of the wage base included percent and 2 allow 65 percent of the excluded. If overtime is excluded, in the laws, 28 of the 50 jurisdictions wage as a benefit if there is no un• the percentage of full-time wage loss with workmen's compensation laws employment in the high quarter. For compensated will be the percentage may be included here, and an addi• the same States, 4 of the workmen's of wages specified in the laws. If in• tional 4 use the full-time wage base compensation laws allow less than 60 cluded, the percentage actually com• under specified circumstances. More• percent and 7 allow 60 percent or over pensated may be increased for work• over, the fact that the percentage of of the average wage. ers at low-wage rates. the wage allowed as a benefit is sub• A 20-percent sample study of Ohio Because of the variable factors in• stantially higher under the work• unemployment compensation claim• volved, it is impossible to make any men's compensation laws than under ants,5 using the calendar year 1939 accurate comparison of the potential the unemployment compensation laws as the base period, showed that 6.4 liberality of benefits under the two increases the advantage of claimants percent had 1-4 weeks of employ• programs in a period when many in the full-time wage States. ment in the high quarter, 8.7 percent employees work overtime. Unless The relative liberality of the weekly overtime is spread evenly over the benefit under the two programs 5Division of Research and Statistics, year, however, it is probable that during a depression period is more Ohio Bureau of Unemployment Compen• sation, The Calendar Quarter of Highest overtime pay will operate to increase difficult to appraise for the 15 States Earnings As a Measure of Full Employ• benefits more markedly for claim• which use the average wage for work• ment, Benefit Formula Research Memo• ants not affected by the maximum men's compensation purposes. The randum No. 1, Dec. 22, 1941, 9 pp. Proc• under the unemployment compen• effect of the legal provisions will de• essed. 18 The lesser of $9 or the full wage, but in no case less than $5. 5 The lesser of $11 or the full wage, but in no case less than $7 if the normal 19 Weighted table based on average wage for weeks of employment per employer. working hours are 15 ormor e per week. The minimum benefit included in the table is $2, or66 2/3 percent of the specified 6 Weighted table based on annual earnings. average wage. However, claimants with computed weekly benefits of less than 7 Rate is 65 percent (1/20) and 62 percent (1/25) for weekly benefit amounts of $8 are paid at $8 per week and their duration is correspondingly reduced. For $5 and $6. the lowest wage class, $8is 266 2/3 percen t of the specified average weekly wage. 8 For the claimant whose basic weekly benefit is less than $20, $1 weekly is 20 The lowest benefit amount payable to a claimant without dependents is that added for each dependent up to 3. However, the maximum for all claimants, payable, during the first 6 months of disability, to a married woman whose hus• with or without dependents, is $20. band is not an invalid; after 6 months, it is increased. The lowest benefit amount 9 For individuals without dependents, the benefit amount is equal to 50 per• payable to a claimant with 1 dependent is that payable, during the first 6 months cent of wages plus 17.5 percent of the benefit as so computed. For individuals of disability, to a married woman whose husband is not an invalid but who has with dependents, the benefit may be increased to 65 percent of wages, plus 17.5 1 child under 18 years of age; after 6 months, it is increased. percent of the benefit amount as so computed. 21 The lower amount is payable to an unmarried claimant without dependents. 10 Maximum will be raised to $20, effective Apr. 1, 1944. The higher amount is payable, during the first 6 months of disability, to a claim• 11 50 percent of the full-time weekly wage for the customary scheduled full-time ant with a wife or invalid husband and 2 children under 18 years of age. $1.74 hours in the last employment; or, under certain conditions,1/13 o f the high-quarter is added for each additional child under 18. After 6 months, the benefit is in• earnings. creased. 12 $10 monthly (or $2.33 weekly) added to the benefit for dependents. Since 22 Flat benefit payable to a claimant with no dependents. the increase for dependents is a flat dollar amount, the percent of wages will vary. 23 Maximum benefit payable to a claimant with dependents. 13 No minimum or maximum weekly benefit is specified. Computed from the percent of the wage allowed as a benefit, as applied to the minimum and maxi• Sources: Unemployment compensation data; Federal Security Agency, mum weekly wages taken into consideration under the law. Social Security Board, Bureau of Employment Security, Comparison of State 14 1/25 of high-quarter earnings or 50 percent of the full-time wage from most Unemployment Compensation Laws as of December 31, 1941, revised to Jan. 8, recent base-period employer. 1944. Workmen's compensation data: Association of Casualty and Surety 15 5 percent added for each additional dependent child, with no statutory Executives, Digest of Workmen's Compensation Laws, 16th ed., 1942. U. S. De• maximum. partment of Labor, Division of Labor Standards, Principal Features of Work• 16 1/20 of high-quarter earnings or 50 percent of the full-time wage. men's Compensation Laws—as of September 1943, Bulletin No. 62. 1942 and 1943 17 Computed by dividing the monthly payment specified in the law by 4.3. Session Laws of the various States. had 5-8 weeks, 22.1 percent 9-12 use of a period of full employment benefit. As a result, the direct com• weeks, and 62.8 percent 13-14 weeks. for the determination of the weekly parison between the two programs on In other words, 37.2 percent had some unemployment benefit for many this point is limited to the laws of unemployment in that quarter. As claimants. the 26 States which set a dollar mini• would be expected, the claimants with On the workmen's compensation mum and the one (Iowa) which uses the lowest earnings in the high quar• side, the fact that weeks of total un• the "full wage" alternative for both ter suffered the greatest degree of employment are excluded in the com• programs. unemployment. Of the claimants putation of the average wage will The unemployment compensation who earned less than $100 in the serve as some protection to claimants minimum benefit is higher in 5 States, quarter—12.9 percent of all claim• during periods of economic depres• the workmen's compensation benefit ants—46.7 percent had 4 weeks or sion. However, partial unemploy• in 19 States, and the minimum benefit less of employment. Of the 24.7 per• ment at any time during the period is the same in 3 States (table 3). If cent of the claimants who earned used for the determination of the the additional benefits payable for $350 and over, on the other hand, benefit amount will reduce the per• dependents under 10 workmen's com• only 0.1 percent had 4 weeks or less centage of wage loss compensated. pensation laws are ignored, the un• of employment. At the other ex• employment compensation minimum treme, 8.7 percent of the claimants exceeds the workmen's compensation with earnings under $100 had 13-14 Minimum Weekly Benefit minimum by less than $3 in 1 State, weeks of employment in the high Amounts by $3-3.99 in 2 States, and by an in• quarter, in contrast to 79.6 percent Under the early unemployment definite amount in 2 States. The with earnings of $350 and over. A compensation laws, the vast majority workmen's compensation minimum 20-percent sample study of South of the States set as the minimum exceeds the unemployment compen• Carolina claimants with individual weekly benefit amount the lesser of a sation minimum by less than $3 in base periods beginning on or before specified sum (generally $5) or three- 13 States, by $3-3.99 in 1 State, by July 1, 1937. and ending on or before fourths of the full-time wage. Now $4 or more in 4 States, and by an July 1, 1939, showed strikingly simi• Iowa is the only State providing an indefinite amount in 1 State. Iowa, lar results. Although the base peri• alternative, the full wage, to the dol• the one State in which the workmen's ods used in these studies were not lar minimum benefit. Of the 50 compensation minimum benefit is periods of severe depression, the find• workmen's compensation laws, on the classified as more liberal by an in• ings seem to indicate that the high- other hand, 24 use the full wage as definite amount, pays the full wage quarter formula may not result in the an alternative to the dollar minimum as a benefit under both laws if it is less than the specified dollar mini• mum. However, the specified dollar Table 3.—Comparison of minimum and maximum weekly benefit amounts under State unemployment compensation laws with those under State workmen's compensation minimum is $6 under the workmen's 1 compensation law and $5 under the laws: Number of States in which one program is more liberal by the amount of variation unemployment compensation law. Comparison of minimum The 2 States in which the unemploy• amounts 2 Comparison of maximum amounts ment compensation benefit is classi• fied as more liberal by an indefinite Excluding dependents' Excluding dependents' Including dependents' Amount by benefits benefits benefits amount include no minimum weekly which the mini• mums and maxi• workmen's compensation benefit. mums are more Unem• Work• Unem• Work• Unem• Work• In the 23 States in which the mini• liberal ploy• men's ploy• men's ploy• men's ment compen• No ment compen• No ment compen• No mum benefit amounts under the two compen• sation differ• compen• sation differ• compen• sation differ• sation more ence sation more ence sation more ence programs are not strictly compara• more liberal more liberal more liberal ble, the unemployment compensation liberal liberal liberal minimum may be said theoretically Total 5 19 3 8 34 8 5 38 7 to be more liberal because it sets an Less than $1.00 1 1 1 1 absolute limit on the minimum week• 1.00-1.99 1 9 2 2 2 1 ly benefit. In many of these States, 2.00-2.99 3 2 7 2 8 3.00-3.99 2 1 1 8 8 however, it is probable that the work• 4.00-4.99 3 1 1 1 2 men's compensation minimum will be 5.00-5.99 1 7 7 6.00-6.99 1 1 2 higher in practice for most claimants 7.00-7.99 2 3 8.00-8.99 1 1 in the low-wage group. For example, 9.00-9.99 in Alabama the unemployment com• 10.00 2 3 3 4 5 5 pensation minimum is $2 while the Indefinite 2 1 2 2 workmen's compensation minimum is 1 Provisions relate to total unemployment under 3 No minimum under the workmen's compensa• the unemployment compensation program and to tion laws. the lesser of $5 or the full wage. temporary total disability under the workmen's 4 Iowa. Under both programs the full wage is the compensation program. Excludes Mississippi minimum if it is less than the dollar minimum, Thus, the claimant whose full wage is which has no workmen's compensation law. However, the dollar minimum under the work• less than $5 but more than $2 will get 2 The minimum amounts in 23 States are not men's compensation law is $1 more than the dollar comparable. Although the unemployment com• minimum under the unemployment compensation an unemployment benefit equal to pensation laws in these States set an absolute dollar law. minimum benefit amount, the workmen's compen• 5 No maximum in the weekly benefit amount only 50 percent of his wage, while his sation laws provide that the full wage shall be under the workmen's compensation law. workmen's compensation benefit will allowed if that is less than the specified minimum benefit. equal 100 percent. For a claimant with a full-time wage of less than $2, mum are greater. In only 1 of the 9 pensation minimum may be higher however, the unemployment com• unemployment compensation laws in practice than the unemployment pensation benefit will be higher than which are more liberal is the differ• compensation minimum in the ma• the workmen's compensation benefit ence more than $5. In 15 of the 34 jority of cases. to the extent that $2 exceeds the full workmen's compensation laws which The percentage of the wage paid as wage. The extent to which the un• are more liberal, however, the differ• a benefit is higher in theory under employment compensation benefit is ence is $5 or more. In 2 States the most of the workmen's compensation more liberal than the workmen's com• workmen's compensation benefit may laws. In practice, the adoption of the pensation benefit in those 23 States, exceed the unemployment compensa• full-time wage base in many of the therefore, will depend in part on the tion maximum by an unlimited States will serve to protect the benefit relation of the lowest wages paid in amount because no maximum weekly levels of workmen's compensation the States to the dollar minimum benefit is set in these laws. If in• claimants both in normal and in de• benefit amount under the two pro• creases for dependents' benefits are pression periods. Overtime, however, grams, and in part on the method of included, the greater liberality of the will not be reflected in the weekly determining the full wage under the maximum weekly benefit amounts of benefit under those workmen's com• workmen's compensation laws. It the workmen's compensation program pensation laws which specifically ex• should be noted that the specified is even more outstanding. clude such pay. The high-quarter dollar minimum to which the full formulas of the majority of the un• wage is an alternative under the Conclusions employment compensation laws, on workmen's compensation laws in The benefit formulas under the the other hand, will probably ensure these States is higher than the cor• workmen's compensation and unem• that any overtime worked during the responding dollar minimum under ployment compensation laws differ so base period is included in the wage the unemployment compensation laws radically that no broad generaliza• base for most claimants. To the ex• in all but 4 of the States. This tions can be made concerning the tent that overtime is taken into con• fact increases the probability that the relative liberality of the weekly sideration under the workmen's com• workmen's compensation minimum benefits provided by the two pro• pensation laws, the higher maximum will be higher in practice for the grams, unless the qualifications to weekly benefit which generally pre• majority of claimants in most of the those generalizations are borne in vails under these laws will allow over• States concerned. mind. The pattern of employment time pay to operate to increase the and unemployment of the individual weekly benefit for a greater number of Maximum Weekly Benefit claimants, national and local condi• claimants. Finally, under the aver- Amounts tions of the labor market, and wage age-for-weeks-of-employment formu• rates in the States, will all affect the las in 15 workmen's compensation A similar comparison of the maxi• benefit rights of the claimants. Nev• laws, total unemployment will not mum weekly benefit amounts under ertheless, the over-all picture shows lower the weekly benefit in depression the two programs shows that if the the workmen's compensation benefit periods, though partial unemployment increases for dependents' benefits are as more liberal in the majority of the will pull down the average wage. Both ignored the maximum is higher under States, at least in normal times and in total or partial unemployment, on the the unemployment compensation pro• depression periods. The maximum other hand, may decrease the per• gram in 8 States, under the workmen's weekly benefit is generally higher. In centage of the full-time wage loss compensation program in 34 States, the States in which the minimum ben• compensated under the high-quarter and is the same for the two programs efit provisions are directly compara• as well as the annual wage formulas in 8 States (table 3). Not only do the ble, the benefit is higher under work• of the unemployment compensation large majority of the States provide a men's compensation laws in 19 States laws. Under the high-quarter formu• higher maximum benefit under their as against 5 where the reverse is true, las, however, there is a greater chance workmen's compensation laws, but and the amount by which the more that underemployment, whether total the amounts by which the workmen's liberal minimum exceeds the other is or partial, will be excluded from the compensation maximum exceeds the generally greater. Even in the re• wage base than there is under the unemployment compensation maxi• maining States the workmen's com• annual earnings formulas.