Reference
Workers' comp settlement chart: what each benefit covers
A workers' compensation settlement is built from benefit categories, not from a national average. This chart sets out what each category is meant to cover, how it is generally calculated, and exactly which figures your own state controls.
Short answer
Why doesn't this chart list dollar amounts by state?
Because the numbers that would fill those cells — maximum weekly benefits, the weeks assigned to each body part, burial allowances — are set by each state and revised regularly, often every year. Publishing a figure we cannot verify against the current state source would be worse than useless when someone is deciding whether to accept an offer. Instead, this chart shows what each benefit is for and names the exact figures to look up for your state.
This is general information, not legal advice, and not a valuation of any particular claim.
Benefit categories in a workers' comp claim
Most settlements combine several of these. Not every category exists in every state, and the names sometimes differ.
Medical benefits
- What it covers
- Treatment for the work-related injury or illness: visits, surgery, therapy, prescriptions, equipment, and sometimes travel to appointments.
- How it is generally calculated
- Paid directly to providers under a state medical fee schedule rather than paid to you.
- What your state sets
- Who chooses the doctor, whether treatment needs pre-authorisation, and how long medical benefits stay open.
Temporary total disability
- What it covers
- Wage replacement while you are medically unable to work at all.
- How it is generally calculated
- A percentage of your pre-injury average weekly wage, subject to a state minimum and maximum.
- What your state sets
- The percentage, the weekly maximum, the waiting period before benefits start, and the maximum number of weeks.
Temporary partial disability
- What it covers
- Partial wage replacement when you return to reduced hours or lower-paid light duty.
- How it is generally calculated
- Usually a share of the difference between pre-injury and current earnings.
- What your state sets
- Whether the state offers it at all, the share paid, and the duration.
Permanent partial disability
- What it covers
- Lasting impairment that does not prevent all work.
- How it is generally calculated
- Derived from an impairment rating, often applied to a statutory schedule of weeks per body part.
- What your state sets
- The rating guide used, the schedule of weeks, and whether wage loss is factored in. This is the category that differs most between states.
Permanent total disability
- What it covers
- Impairment that prevents a return to gainful employment.
- How it is generally calculated
- Ongoing wage-replacement benefits, in some states for life.
- What your state sets
- How 'permanently and totally disabled' is defined, the duration, and any offsets.
Vocational rehabilitation
- What it covers
- Retraining or job placement when you cannot return to your previous job.
- How it is generally calculated
- Services, or a benefit paid while retraining.
- What your state sets
- Whether the state provides it, who qualifies, and the limits on cost or duration.
Death benefits
- What it covers
- Benefits to dependents and burial or funeral costs in fatal cases.
- How it is generally calculated
- A percentage of the worker's wage paid to dependents, plus a capped burial allowance.
- What your state sets
- Who counts as a dependent, the percentage, the duration, and the burial cap.
Treat any published settlement average with caution
The figures to look up for your state
Take this list to your state workers' compensation agency. Together these determine nearly everything about what a claim can pay.
| Look up | Why it matters |
|---|---|
| Average weekly wage calculation | Determines the base figure for every wage benefit. States differ on which weeks count and whether overtime, bonuses, tips, or a second job are included. |
| Wage-replacement percentage | Most states pay a fraction of the average weekly wage. The fraction is set by statute. |
| Maximum and minimum weekly benefit | Caps apply regardless of earnings and are usually adjusted annually by the state. |
| Waiting period and retroactive rule | Sets how many days you must be off before wage benefits begin, and whether those first days are paid back later. |
| Impairment rating guide in use | States adopt different editions or their own guides, which changes the rating produced for the same injury. |
| Permanent partial disability schedule | The number of compensable weeks assigned to each body part or to the whole person. |
| Settlement approval requirement | Most states require a judge or the agency to approve a settlement before it is final. |
| Medicare set-aside considerations | Where future medical care is being closed out, Medicare's interests may have to be accounted for. |
| Claim and appeal deadlines | Notice, filing, and appeal limits are statutory and differ substantially. |
The U.S. Department of Labor maintains a directory of state workers' compensation officials, which is the most reliable starting point for finding the current numbers for where you work. It is linked in the sources below.
Work out which facts apply to you
Workers' Comp Settlement Assessment
Answer a short set of questions about your injury, work status, and treatment, and see which factors are likely to drive value in your situation.
About 3 minutes. No dollar estimate.
Denied claim guidance
If benefits were refused or stopped, the denial letter and the appeal deadline come before any settlement discussion.
Guide
Before agreeing to any settlement
- Future medical care
- Ask explicitly whether the settlement closes out future treatment for the injury.
- Approval
- Most states require the agency or a judge to approve a settlement before it takes effect.
- Other benefits
- A settlement can interact with disability, health coverage, or Medicare. Ask how before signing.
- Finality
- Settlements are generally difficult to reopen. Reopening rights vary by state.
Questions people also ask
Is there a standard settlement amount for a specific body part?
There is no national figure. Many states do publish a schedule assigning a number of compensable weeks to particular body parts, which is then combined with your wage rate and impairment rating. That schedule is state law and should be read from the state source.
Does a higher impairment rating always mean more money?
A higher rating generally increases the permanent disability component, but the effect depends on your state's formula, your wage rate, and whether other benefits are involved. Ratings are also frequently disputed between doctors.
Should I settle or keep my claim open?
That depends heavily on your expected future medical needs and your state's rules on reopening a claim. It is one of the clearest points at which an independent review of your specific file is worth having.
Do I have to accept the insurer's first offer?
No. An offer is a proposal. In most states a settlement is not final until the agency or a judge approves it.
What people ask next
Sources
U.S. Department of Labor
State Workers' Compensation Officials — directory of state agenciesUse this to find the current benefit maximums, schedules, and deadlines for your state.
U.S. Department of Labor
Workers' Compensation topic overviewCDC / NIOSH
Occupational safety and health research and resources
This chart is kept deliberately free of dollar figures we cannot source to a current state authority. If you find a number here that looks out of date or wrong, it should not be here — tell us and we will correct it.