Workers' Compensation Calculator
Estimate your weekly benefit, total disability payments, and settlement range. Enter your wage, state, and injury type below — results update instantly.
Your Injury Details
Enter your details on the left to see your estimated workers' comp benefits.
How Workers' Compensation Benefits Are Calculated
Workers' comp is a no-fault insurance system that every US state requires employers to carry. When you are injured on the job, you don't need to prove your employer was negligent — you simply need to show that the injury arose out of, and in the course of, your employment. In exchange, your employer's insurer pays your medical bills and a portion of your lost wages.
The core formula for weekly benefits is straightforward:
- Average Weekly Wage (AWW) — usually your average gross wage over the 52 weeks before the injury. If you worked less than a year, the insurer typically uses a comparable period.
- Compensation rate — most states pay 66.67% (two-thirds) of your AWW. Some states use 60% or 70%; a few use different rates for different benefit types.
- State maximum — every state caps the weekly benefit. If 66.67% of your wage exceeds the cap, you receive the cap, not more. High earners often hit the ceiling.
- State minimum — most states also set a floor (often around $100–$200/week) so low-wage workers receive something meaningful.
Payments begin after a waiting period — typically three to seven days — and some states make the insurer retroactively pay that waiting period if you are disabled longer than a certain threshold (often 14 days).
Workers' Comp Weekly Benefit by State (2025)
Each state sets its own maximum weekly benefit, updated annually — usually tied to the state's average weekly wage. Here are the maximums for 2025 in the ten most populous states:
| State | Max weekly benefit | Rate of AWW | TTD duration limit |
|---|---|---|---|
| California | $1,619 / wk | 66.67% | 104 weeks (most injuries) |
| Texas | $1,066 / wk | 70% | 104 weeks |
| Florida | $1,197 / wk | 66.67% | 104 weeks |
| New York | $1,145 / wk | 66.67% | No cap (until MMI) |
| Illinois | $1,048 / wk | 66.67% | No statutory cap |
| Pennsylvania | $1,196 / wk | 66.67% | No cap (until MMI) |
| Ohio | $1,102 / wk | 66.67% | 200 weeks |
| Georgia | $800 / wk | 66.67% | 400 weeks |
| North Carolina | $1,254 / wk | 66.67% | 500 weeks |
| Michigan | $1,130 / wk | 80% (lower of AWW or 80%) | No cap |
Figures are approximate for 2025. Verify current maximums with your state's workers' compensation board before filing.
Temporary vs Permanent Disability: Key Differences
Workers' comp benefits fall into four main categories, each with different rules, durations, and payment amounts:
Temporary Total Disability
You cannot work at all while recovering. You receive approximately 66.67% of your pre-injury AWW until you reach Maximum Medical Improvement (MMI) or return to work. Most states cap TTD at 104–500 weeks.
Temporary Partial Disability
You can work in a light-duty or reduced-hours capacity, earning less than before. TPD pays roughly two-thirds of the difference between your pre-injury wage and your current reduced wage.
Permanent Partial Disability
You have reached MMI with a lasting impairment but can still work in some capacity. A medical evaluator assigns a disability rating (0–100%) using AMA Guides. Your cash award is calculated from that rating multiplied by a scheduled number of weeks.
Permanent Total Disability
Your injury is so severe that you can never return to any gainful employment. Most states pay weekly benefits for the rest of your life, though some cap at a set number of years. PTD is rare — typically catastrophic spinal cord injuries, severe brain injuries, or loss of two major limbs.
The transition from TTD to permanent status happens when a treating physician determines you have reached Maximum Medical Improvement (MMI) — the point where further treatment is unlikely to significantly improve your condition. At MMI, your doctor assigns a permanent impairment rating, and the benefit type shifts from temporary to permanent.
How Workers' Comp Settlements Are Negotiated
Rather than continuing weekly benefit payments indefinitely, many workers' comp cases are resolved by a one-time payment called a settlement. There are two main structures:
Compromise and Release (C&R) — Lump Sum
You and the insurer agree on a single payment that closes all future claims — both wage loss and medical treatment. In exchange for the lump sum, you give up the right to seek additional workers' comp benefits for that injury. Because you are accepting less than the full actuarial value (due to the time value of money and litigation risk), lump sums typically represent 65–75% of total estimated future value.
Stipulated Findings and Award (Structured Settlement)
You agree on the facts of the injury and the disability rating, and weekly benefit payments continue at the agreed amount. Medical treatment remains open for the specified injury. This is safer if you anticipate significant ongoing medical costs, because an unexpected surgery won't drain your settlement.
Medicare Set-Asides (MSAs)
If you are 65 or older, on Medicare, or likely to become Medicare-eligible within 30 months, any settlement covering future medical care must include a Medicare Set-Aside — a separately administered fund reserved to pay injury-related medical costs that Medicare would otherwise cover. Failure to include an MSA can expose you to future Medicare liens.
Negotiating tip
Never accept the first settlement offer without an independent medical evaluation (IME) from a doctor you trust, and ideally without consulting an attorney. Adjusters are trained negotiators; their opening offer is rarely their final one.
Should You Hire a Workers' Comp Attorney?
Workers' comp is theoretically designed to be accessible without legal help — but in practice, the system heavily favors insurers. Here are the situations where an attorney adds the most value:
- Your claim was denied. Insurers deny a significant percentage of initial claims. An attorney can challenge the denial at a hearing before a workers' comp judge.
- You have a permanent disability rating. Disputes over the correct rating can mean tens of thousands of dollars in difference. Attorneys hire their own medical experts to counter insurer IMEs.
- Your employer retaliates. Terminating, demoting, or harassing an injured worker for filing a claim is illegal. An attorney can pursue a retaliation claim alongside the comp case.
- You are negotiating a lump-sum settlement. An attorney will analyze the present value of your future benefits, your medical cost projections, and comparable case outcomes to push for a better number.
- You have a third-party claim. If a third party caused your injury, you may be able to sue them separately while still collecting workers' comp benefits.
Workers' comp attorneys in the US work on contingency — you pay nothing upfront. Their fee (typically 10–20%, capped by state law) is deducted from your award. If you recover nothing, you owe nothing.
Studies consistently show that represented workers recover 15–35% more in workers' comp benefits than unrepresented workers, even after subtracting attorney fees. The fee is usually worth it for anything beyond a minor, undisputed claim.
Workers' Comp vs Personal Injury Lawsuit: Which Applies to You?
Workers' compensation and personal injury lawsuits are two entirely separate legal systems. Understanding which applies — and whether you can pursue both — is critical to maximizing your recovery.
| Factor | Workers' Comp | Personal Injury Lawsuit |
|---|---|---|
| Who pays | Employer's workers' comp insurer | At-fault party's liability insurer (or the party directly) |
| Must prove fault? | No — no-fault system | Yes — must prove negligence or liability |
| Medical bills | 100% covered | Recovered as economic damages |
| Lost wages | ~66.67% of AWW | 100% of lost income (past and future) |
| Pain & suffering | Not available | Major component of damages |
| Emotional distress | Not available | Recoverable |
| Sue your employer? | Exclusive remedy — generally no | Yes, if it is a third party (not your employer) |
| Timeline | Faster (administrative system) | Slower (months to years for litigation) |
The most important rule: you cannot sue your employer in a personal injury lawsuit if you are covered by workers' comp — that is the "exclusive remedy" doctrine that underpins the entire system. However, you can file a third-party personal injury lawsuit against any other negligent party whose actions caused or contributed to your injury.
Common examples of third-party claims alongside workers' comp:
- A delivery driver injured by another motorist while making deliveries
- A construction worker injured by defective equipment (product liability against the manufacturer)
- A warehouse worker injured by a visiting contractor's negligence
- A nurse injured by a patient (premises liability against the facility, if separate from employer)
If you win a third-party lawsuit, your workers' comp insurer will typically seek reimbursement for benefits already paid — called a subrogation lien. An attorney can often negotiate these liens down, which increases your net recovery.
For more, see our related calculators:
- Personal Injury Calculator — estimate pain and suffering, medical costs, and total damages in a civil lawsuit
- Wrongful Death Calculator — estimate compensation when a workplace fatality gives rise to a wrongful death claim against a third party
Frequently Asked Questions
How is my average weekly wage calculated? +
Your AWW is typically calculated using your gross earnings (before taxes) over the 52 weeks immediately before your injury, divided by 52. If you worked less than a year, the insurer uses the weeks you actually worked. Tips, overtime, and bonuses may or may not be included depending on your state's rules. Seasonal workers and part-time employees often have special rules applied to smooth out irregular income.
What if my employer doesn't have workers' comp insurance? +
Most states maintain an uninsured employers' fund that pays benefits when an employer unlawfully fails to carry coverage. You can claim from this fund while the state pursues the employer for reimbursement. Critically, because your employer broke the law, you may also be able to file a civil personal injury lawsuit against them — bypassing the "exclusive remedy" protection workers' comp normally provides. This can mean full damages including pain and suffering.
Can I be fired for filing a workers' comp claim? +
No — retaliating against an employee for filing a workers' comp claim is illegal in every state. Retaliation includes termination, demotion, reduced hours, hostile treatment, or any other adverse employment action taken because of the claim. If you believe you were retaliated against, document everything and consult an attorney immediately. Retaliation claims can result in back pay, reinstatement, and additional damages on top of your comp benefits.
Are workers' comp benefits taxable? +
Generally, no. Workers' comp benefits are excluded from federal and state income tax under IRC Section 104. However, if you receive both workers' comp and Social Security Disability Insurance (SSDI), the "reverse offset" rule may apply: your combined benefits cannot exceed 80% of your pre-injury average earnings, and Social Security will reduce your SSDI payment by the excess amount. Consult a tax professional if you receive both types of benefits.
What is the statute of limitations for workers' comp claims? +
Every state imposes a deadline — typically one to three years from the date of injury or the date you knew (or should have known) that your condition was work-related. For occupational diseases that develop gradually (such as mesothelioma, hearing loss, or repetitive strain injuries), the clock often starts when you receive a diagnosis or a medical opinion linking the condition to work. Missing this deadline usually bars your claim permanently, so never delay reporting an injury to your employer.