How to use it
Enter your average weekly wage from before the injury. That is usually your gross pay over the 52 weeks before, divided by 52. Then enter your state's maximum weekly benefit, the weeks you were off work and not yet paid, and the impairment rating your doctor gave you.
This is an estimate to help you judge an offer. It is not legal advice. Every state has its own rules, and your claim may be worth more or less.
The formula
Most US states pay two-thirds of your average weekly wage, up to a state maximum.
- Weekly rate = the lower of AWW × 2 ÷ 3 and the state maximum
- Lost wages = weekly rate × weeks off work not yet paid
- Permanent impairment = weekly rate × impairment rating × weeks your state pays for 100%
- Settlement = lost wages + permanent impairment + future medical
Example: $1,000 a week, an $1,200 state maximum, 8 weeks off, a 10% rating, a state that pays 500 weeks for 100% impairment, and $10,000 of future medical care.
- Weekly rate: $1,000 × 2 ÷ 3 = $666.67
- Lost wages: $666.67 × 8 = $5,333.33
- Permanent impairment: $666.67 × 10% × 500 = $33,333.33
- Settlement: $5,333.33 + $33,333.33 + $10,000 = $48,666.67
- After a 15% attorney fee: $41,366.67
Common questions
Where do I find my state's maximum weekly benefit?
Your state's workers' compensation board publishes it. It changes every year, often on January 1 or July 1. It ranges from under $600 a week in some states to over $2,000 in others.
What is an impairment rating?
After you reach "maximum medical improvement", a doctor rates how much of your body's function is permanently lost. Most states use the AMA Guides. A lost finger, hand or leg is often paid from a fixed schedule of weeks instead of a whole-body percentage.
Why does my state pay a different number of weeks?
The weeks paid for 100% impairment differ a lot. Some states use 400, some 500, some over 600. Some pay permanent impairment at a lower weekly rate than lost wages. Check your state's rules or ask a workers' comp attorney.
How much do workers' comp lawyers charge?
Most work on contingency, so you pay only if you win. States cap the fee, usually at 10% to 25% of the settlement. Many lawyers offer a free first consultation.
Is a workers' comp settlement taxed?
Workers' compensation benefits are generally not taxable income under federal law (IRS Publication 525). Social Security disability offsets can change this. Ask a tax professional.
Last checked: 2026-09-26