Supplemental Workers' Comp Insurance

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What is Supplemental Workers' Comp Insurance (SWCI)?

Supplemental Workers' Compensation is an added benefit, provided by the Equity-League Trust Funds that supplements your employer-provided Workers' Compensation policy. It provides for additional weekly salary if you are collecting Workers' Comp, subject to certain caps.

Note: To be eligible to receive Supplemental Workers' Comp, you must file the complete paperwork for SWCI within twelve months of receiving your first disability check from Workers' Comp.

Explanation of How Supplemental Workers’ Comp Benefits are Calculated:

1. Workers’ Compensation Insurance generally pays 66% of your salary up to a maximum benefit. This is actually determined on a state-by-state basis, so there are differences in the maximum rate, and some states average your salary over a longer period than others to determine your benefit. Also there is a waiting period of one to three weeks, again determined by state law. If your lost time is less than the waiting period, you get no Workers’ Comp disability benefit. If your lost time exceeds the waiting period, Workers’ Comp will retroactively pay the full period.

   
   

2. Supplemental Workers’ Comp (SWC) is subject to a maximum weekly benefit of 75% of the Production Contract minimum that is in effect at the time your claim is filed. SWC pays benefits in two different categories:
   • a) Category One applies if you are NOT involved in an extraordinary risk activity at the time of the injury. In this category, SWC pays the difference between what you get from Workers’ Comp and 75% of your salary, up to a cap of 75% of the maximum benefit described in 2 above.

     
     Examples: If your salary is $600/week and Workers’ Comp pays you $400/week, SWC will pay you $50 per week (the difference between $400 and 75% X $600 = $450).

     If your salary is $1500/week and Workers’ Comp pays you $400/week, SWC would pay you $399.88/week (the difference between $400 and $799.88, 75% X 75% of Production Contract minimum).

     If your salary is $700/week and you miss 4 days of work, you would receive no Workers’ Comp payment, but SWC will pay 75% of 4/7 of your salary or $300 for those days.

   • b) Category Two applies if you’re injured while performing an Extraordinary Risk (as defined by Equity). In this category, SWC pays the difference between what you received from Workers’ Comp and 100% of your salary up to the maximum benefit described in a) above. This benefit level remains in effect until the show or season closes, at which point the benefit drops to the non-risk benefit level described in a) above. If your lost time does not exceed the waiting period, SWC pays, pro-rata, 100% of your salary up to the maximum benefit for each day of lost time.

     
     Examples: If your salary is $600/week and Workers’ Comp pays you $400/week, SWC would pay you $200/week (the difference between $400/week and $600/week – 100% of your salary).

     If your salary is $1500/week (higher than Production Contract minimum of $1422/week) and Workers’ Comp pays you $400/week (as it would in New York), SWC would pay you $666.50/week: the difference between $400 and $1066.50 = 75% X $1422).

     If your salary is $700/week and you miss 4 days of work, you would receive no Workers’ Comp payment, but SWC will pay 4/7 of your salary or $400 for those days.

Workers’ Comp Insurance payments are not subject to taxes, but the SWC payments are taxable

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