How Much Does Workers’ Comp Pay for Injury Claims? Sep 2024
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Reviewed By Adam Ramirez, J.D.
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Summary
- Your workers’ comp claim mainly consists of medical and disability benefits
- Disability benefits compensate you for your lost wages if you can’t work
- Your disability benefits equal a percentage of your average wages
“How much does workers’ comp pay” is a legitimate question you might ask following a workplace accident. Aside from your necessary medical expenses, your workers’ comp claim will pay a percentage of your average wages if you’re unable to return to work.
But exactly how much does workers’ comp pay for injury claims? It varies from state to state.
Any temporary disability benefits you receive while recovering from your injuries will be determined by the state in which you work and the wages you’ve earned. This post will help you estimate your workers’ comp disability benefits more precisely.
Does Workers’ Comp Pay Full Salary Benefits?
The answer to the question, “How much does workers’ comp pay for lost wages,” is always a percentage of your actual wages. While some states offer more benefits than others, no state gives workers 100% of their pre-injury wages.
States like Texas are some of the more generous states when it comes to disability benefits. However, even the Lone Star State will only offer up to 70% of an injured worker’s average wages as a benefit.
How Much Does Workers’ Comp Pay Injured Workers?
Two key pieces of information are needed to estimate your workers’ comp disability benefits. The first is your average wages. There are several ways a state can calculate this figure for an injured worker, including the following:
Average Weekly Wages (AWW)
How does workers’ comp determine your pay? One popular method of arriving at a worker’s average wage is to consider their average weekly wage. To do so, authorities total the injured person’s earnings over a specific period, then divide that figure by the number of weeks in the period.
Most states account for the worker’s gross wages, although a few look at their net earnings.
Average Monthly Wages (AMW) and Average Daily Wages (ADW)
In some situations, looking at a worker’s average weekly wages doesn’t provide an accurate picture of their earnings. In these cases, the state may examine their monthly earnings or daily earnings. Either way, the calculation proceeds in a similar manner: the total earnings over the period are divided by the number of periods.
For example, if you earned $10,000 over a period of 100 days, your ADW would be $100. From there, a weekly wage figure of $700 could be easily calculated.
What Percentage Does Workers’ Comp Pay?
Once workers’ comp administrators determine a worker’s average wages, they then apply the state’s approved percentage to that amount. This percentage is the second vital piece of information required to estimate your benefits.
No state except Massachusetts has a percentage less than 66.67%, although a few states, like Oklahoma, have adopted a higher percentage.
Other Disability Benefits
Temporary disability benefits are awarded when an injured worker is incapable of working for a specific period of time. Benefits are also available for workers who are able to work in a limited capacity, as well as those who can’t return to work at all. These benefits are determined using different calculations.
No Pain and Suffering Payments for Injured Workers
You might reasonably wonder, “How much does workers’ comp pay for pain and suffering?” Like other injury-causing events, a workplace accident can cause emotional trauma. However, no workers’ comp programs offer benefits for these effects, regardless of how severe they might be.
Filing a third-party claim against the person responsible for your injuries is the only way to recover damages for pain and suffering after a workplace accident.
When Does Workers’ Comp Start Paying?
Depending on where you live, you can expect to start receiving workers’ compensation benefits one to three weeks after you submit your claim. Once approved, most states will provide weekly benefits as long as you comply with the compensation rules.
The next logical question is, “How much workers’ compensation will I get?” or “How much does workers’ comp pay weekly?” Your initial payment will include any retroactive benefits you’re entitled to, plus your regular weekly benefit. Future payments would then be your weekly benefit, which has already been explained.
Lump-Sum Settlements Explained
In some cases, you might elect to receive a lump-sum payment as opposed to weekly payments. This is most likely to occur when your claim is delayed or initially denied, and you recover before it’s approved. If this happens in your situation, all of the benefits you should have received will be made available in a single payment. Understanding when a workers' comp settlement offer might occur can help you make informed decisions, and a workers' compensation lawyer can guide you through this process.
Get Help Calculating Your Workers’ Comp Benefits
Your ability to meet your financial obligations after a workplace accident depends on you receiving the workers’ comp benefits you’re owed. Speaking with an experienced attorney in your state can give you a better idea of what amount you can expect. Your attorney can also assist you in taking legal action if the insurer denies your claim.
Complete our contact form with a description of your situation to get matched with a qualified attorney in your area who can help address your workers’ comp concerns.
Frequently Asked Questions
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The answer depends on your recent average wages and what percentage your state uses to determine disability benefits. Your average wages are multiplied by the applicable percentage to get your weekly benefits. This amount will be subject to any minimum or maximum limitations your state may have.
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You’ll receive temporary disability benefits until you’re able to return to work, you reach the point of maximum medical improvement, or you receive the maximum amount of benefits payable under your state’s program. Once any of these events occur, your temporary disability benefits will cease.
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Injured workers often receive their benefits through a direct deposit made to their checking or savings accounts. If you don’t have an account, you may be able to receive a paper check in the mail or have your benefits loaded onto a prepaid debit card.
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A temporary disability affects your ability to work for a finite period before you recover and can return to work. By contrast, a permanent disability affects your ability to work indefinitely. You can receive benefits for both temporary and permanent disabilities, but the amount you receive will be calculated differently.
- Virginia Reno, Cecili. “Research: Workers’ Compensation, Social Security Disability Insurance, and the Offset: A Fact Sheet.” Social Security Administration Research, Statistics, and Policy Analysis, May 1, 2005, https://www.ssa.gov/policy/docs/ssb/v65n4/v65n4p3.html.
- “Types of worker’s compensation benefits.” Mass.gov, https://www.mass.gov/info-details/types-of-workers-compensation-benefits.https://www.mass.gov/info-details/types-of-workers-compensation-benefits#:~:text=Temporary%20Total%20Incapacity%20Benefits&text=Your%20benefits%20will%20be%2060,compute%20your%20average%20weekly%20wage.
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