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Workers' comp, in numbers

Workers' comp, explained with real numbers.

Every figure sourced and dated. Updated 2026-09-01.

Updated 2026-09-01 · 11 sourced figures · 10 named sources · every figure checked against its source at publish

Workers' comp wage replacement is standardized in most states: 66.67% of your average weekly wage, tax-free, while you cannot work. Most settlements land between $20,000 to $50,000, with state averages spanning $47,600 to $67,500 from Ohio to California, because comp is fifty separate state systems wearing one name.

Sources: WorkCompCalc 2026. Retrieved 2026-09-01.

The numbers, at a glance

Every figure this page relies on, with its source and date.

FigureWhat it measuresSource · retrieved
66.67%standard wage-replacement ratestandard temporary-disability rate, 2026-09-01
$20,000 to $50,000where most settlements landWorkCompCalc 2026, 2026-09-01
$47,600 to $67,500state-average settlement spreadWorkCompCalc 2026, 2026-09-01
104 weeksCalifornia temporary-benefit capCalifornia temporary-disability maximum (Helbock Law 2026), 2026-09-01
impairment rating x state weeks x weekly ratethe permanent-partial formulaSetCalc 2026, 2026-09-01
$1,764.11California max weekly benefitCalifornia DIR 2026, 2026-09-01
$1,281.50New York max weekly benefitNY WCB, injuries July 2026-June 2027, 2026-09-01
$1,271.05Texas max weekly benefitTexas DWC 2026 rates, 2026-09-01
70%Texas replacement rate, first 26 weeksSettlement Insight 2026, 2026-09-01
30 daysemployer-notice deadline (CA/NY/TX)IW Pharmacy 2026 deadline survey, 2026-09-01
2 yearsNew York claim-filing deadlineIlabaca Law 2026, 2026-09-01

The claim process, stage by stage

  1. Report the injury: California, New York, and Texas all give you 30 days to notify your employer; miss it and the claim can die at step one.
  2. File the claim: formal filing deadlines differ by state; New York allows 2 years while California and Texas allow one.
  3. Benefits while healing: 66.67% of wages in most states, up to weekly caps and durations (California's temporary cap is 104 weeks).
  4. Rating and resolution: at maximum medical improvement, an impairment rating converts to money by formula: impairment rating x state weeks x weekly rate.

Sources: IW Pharmacy deadline survey 2026; Ilabaca Law 2026; Helbock Law 2026; SetCalc 2026. Retrieved 2026-09-01.

How your state changes this

The weekly ceiling and even the replacement rate move by state: California's 2026 maximum is $1,764.11 per week, New York's is $1,281.50, Texas's is $1,271.05, and Texas replaces 70% of wages for the first 26 weeks rather than the usual two-thirds. Same injury, different state, materially different check.

Sources: California DIR 2026; NY WCB 2026-27 rates; Texas DWC 2026; Settlement Insight 2026. Retrieved 2026-09-01.

The decision: keep benefits open, or settle

Keep the claim open

Ongoing checks at 66.67% of wages plus covered treatment, but caps and durations apply (104 weeks temporary cap in California) and the claim ends when the state says so.

Settle

A lump sum, typically $20,000 to $50,000, in exchange for closing some or all future rights. Rational when recovery has plateaued and the rating is fair; dangerous before maximum medical improvement.

Sources: WorkCompCalc 2026. Retrieved 2026-09-01.

What people get wrong

"Comp pays your full salary." It pays 66.67% in most states, capped weekly ($1,271.05 in Texas). "Reporting can wait until it gets worse." The notice window is 30 days in the three biggest comp states, and late notice is the classic claim-killer. "Settlement values are negotiable folklore." Permanent-partial value is arithmetic: impairment rating x state weeks x weekly rate.

Sources: IW Pharmacy 2026; Texas DWC 2026; SetCalc 2026. Retrieved 2026-09-01.

Common questions

How much does comp pay? 66.67% of your average weekly wage up to your state's cap; detail in what comp pays. What do settlements look like? $20,000 to $50,000 for most; state averages in settlement figures. Hurt by a third party at work? That can be a separate injury claim: see Personal Injury.

When talking to a lawyer makes sense

The factual triggers: a denied or disputed claim; a rating that reads low against your actual limitations; pressure to settle before maximum medical improvement; retaliation after reporting; or any permanent-injury case, where the formula's inputs are worth professional scrutiny because they multiply.

Hurt at work and unsure the system is treating your claim right?

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In this section

How much workers' comp pays · Average settlement figures

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Sources for every figure on this page