Workers compensation lost wages in your state are calculated at 66.67% of your average weekly wage (AWW), up to varies by state per week. This covers income you lose while unable to work due to a work-related injury. Unlike a regular personal injury claim, workers comp does not pay 100% of your lost wages — the benefit is intentionally capped at a percentage of AWW to preserve the no-fault nature of the system. However, workers comp benefits are also generally tax-free, which means your net take-home is often close to your normal after-tax pay.
Most states impose a waiting period of 3 to 7 days before lost wage benefits begin. Reporting requirements vary by state, but most require employer notification within 30 days of the injury date, and formal claim filing within 1 to 3 years.
Lost wages extend beyond just your regular hourly or salary earnings. If you regularly worked overtime, those wages may be included in your AWW calculation. Fringe benefits like housing allowances, regular bonuses, and tips may also factor into your AWW depending on your state's rules. If your income was variable or included non-wage compensation, consult a workers comp attorney to ensure your AWW is calculated correctly.
In your state, most workers comp claims have a waiting period of 3 to 7 days before lost wage benefits begin. If you are disabled for longer than the retroactive threshold (typically 14–21 days), waiting period days are usually paid retroactively — so a serious long-term injury results in benefits going back to day one.
In your state, lost wages for workers comp purposes include regular salary or hourly wages, regular predictable overtime, shift differentials, and sometimes tips. Your total eligible earnings are divided by weeks worked to determine AWW, then multiplied by 66.67% (up to $1,000–$2,000) to get your weekly benefit.
Yes, but with an offset. Your combined workers comp and Social Security Disability Insurance (SSDI) benefits cannot exceed 80% of your pre-disability average earnings. If they do, SSDI is reduced (not your workers comp). Structuring your settlement correctly can minimize this offset — a workers comp attorney or structured settlement specialist can advise you.
No. Workers comp in your state replaces 66.67% of your average weekly wage — not 100%. The intentional gap serves to encourage return to work. However, workers comp benefits are generally tax-free under IRC Section 104, which means your net benefit is often close to your normal after-tax take-home pay.
Yes — if your overtime was regular and predictable, it is included in your AWW calculation in your state. The your state workers comp board uses a 52-week lookback period to calculate AWW. Variable overtime from the weeks before injury, regular shift premiums, and in some cases regular bonuses may all be included. An attorney can help reconstruct your AWW if you had variable income.
Workers comp lost wage benefits in your state continue until you return to work, reach Maximum Medical Improvement (MMI), or exhaust the state's maximum TTD duration of varies by state. After TTD ends, you may transition to permanent partial disability (PPD) benefits if you have lasting impairment from your injury.