Question 1

How much does workers' comp pay per week?

Accepted Answer

Most states pay two-thirds (66.67%) of your average weekly wage, subject to a state-specific maximum cap. Some states differ — Massachusetts pays 60%, Texas pays 70%, and Michigan pays 80% of after-tax wages. Use our Weekly Benefit Calculator to estimate your own amount.

Question 2

What is Average Weekly Wage (AWW)?

Accepted Answer

AWW is your average earnings, typically calculated over the 52 weeks before your injury. It's the base figure your weekly benefit percentage is applied to. Most states calculate it as total gross wages divided by weeks worked.

Question 3

What is PPD (Permanent Partial Disability)?

Accepted Answer

PPD compensation is paid when an injury results in permanent impairment that doesn't totally disable you from working, but does cause lasting loss of function to a body part. Value is typically based on an impairment rating percentage applied to a state 'schedule of losses' for that body part.

Question 4

Is there a waiting period before benefits start?

Accepted Answer

Yes, most states have a waiting period of 3 to 7 days before wage-replacement benefits begin. If your disability lasts beyond a certain threshold (often 7-21 days depending on the state), benefits are usually paid retroactively for the waiting period too.

Question 5

Can I be fired while on workers' comp?

Accepted Answer

Laws vary by state, but many states prohibit retaliatory termination for filing a workers' comp claim, though they may not guarantee your specific job is held open indefinitely. Consult an employment or workers' comp attorney in your state for your specific rights.

Question 6

How is a settlement different from ongoing weekly benefits?

Accepted Answer

A settlement is typically a lump-sum payment that resolves your claim, often used to close out future benefit obligations. Ongoing weekly benefits continue as long as you remain disabled under your state's rules. Whether to settle is a significant legal decision that should be made with an attorney's guidance.

Question 7

Do these calculators account for my specific state's laws exactly?

Accepted Answer

No. These calculators use generalized formulas and representative figures for illustration. Actual state statutes, schedules, and caps change frequently and vary significantly. Always verify with your state's workers' compensation board or a licensed attorney before relying on any number.

Question 8

What happens if my workers' comp claim is denied?

Accepted Answer

Every state has an appeals process, typically starting with a request for reconsideration or a formal hearing before a workers' compensation board or judge. Deadlines to appeal a denial are often strict and vary by state, so acting quickly matters. A licensed workers' compensation attorney can explain the appeals process and deadlines that apply in your state.

Question 9

Is a workers' comp settlement taxable?

Accepted Answer

Generally, workers' compensation benefits paid under a state workers' comp law are not taxable at the federal level, including most lump-sum settlements — though there are exceptions in specific circumstances, such as an offset against Social Security Disability Insurance. Confirm your specific situation with a tax professional.

Question 10

What's the difference between a workers' comp claim and a third-party claim?

Accepted Answer

A workers' comp claim is against your employer's insurance and generally doesn't require proving fault. A third-party claim is a separate legal claim against someone other than your employer (for example, a negligent driver or a defective-equipment manufacturer) whose actions contributed to your injury, and it can allow for damages workers' comp doesn't cover, like pain and suffering. The two claims can run at the same time. Consult an attorney to evaluate whether a third-party claim applies to your situation.

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