Workers’ Comp Settlement Calculator - Estimate Your Claim Value

Use this workers’ comp settlement calculator to estimate your claim value and learn about factors that affect how much your case may be worth. In most states, workers’ compensation benefits are typically calculated based on 2/3 (or 66%) of the injured worker’s average weekly wage. The calculator uses this 66% rate.

This workers’ compensation settlement calculator also includes key variables such as weekly compensation rate, the number of weeks of compensation, medical expenses, and vocational rehabilitation costs to calculate the potential value of your workers’ comp settlement.

Table of Contents

• Settlement Calculator
• Average Settlement
• Settlement Examples
• Calculating Settlements
• Legal Help
• FAQs

Note: Our workers’ compensation settlement calculator is intended to provide an estimated settlement value for your claim, and is not a guaranteed settlement amount that you will receive for your workers’ comp claim.

Find out if you’re eligible to recover compensation and benefits by requesting a free case evaluation from a workers’ compensation lawyer. An experienced attorney can help you get answers to legal questions, build a strong workers’ comp claim, and maximize financial compensation.

Average Workers’ Comp Settlements & Examples

The average workers’ compensation settlement amount in the United States is approximately $66,659 and the median is $38,331, which more accurately represents the typical settlement amount. This figure is based on data from 399 workers’ comp settlements recorded by Thomson Reuters in the last 5 years (between 2019 and 2024).

Settlement data is as follows:

• Highest settlement amount: $1,207,500 – An injured worker filed a lawsuit after being severely and permanently injured while working as a paving foreman. The worker was knocked down and run over by an asphalt transfer vehicle driven by a subcontractor, leading to a dispute over the driver’s negligence, the lack of a proper traffic control plan, and the effectiveness of the backup alarm. The injured worker claimed that the accident was due to the driver’s negligence and a failure to maintain a safe work environment, while the defense argued that the backup alarm was active and the worker was not following safety protocols. The injured worker pursued a workers’ compensation claim to recover benefits totaling approximately $1,207,500, including $73,034 in paid disability indemnity and $163,856 in paid medical expenses.
• Lowest settlement amount: $10,000 – An employee filed a lawsuit after alleging that their supervisor shot them in the eye with a BB gun while they were working for an automotive company, resulting in permanent eye disability. The plaintiff filed claims for workers’ compensation benefits against the company and negligence against the supervisor. At the time of the injury, the employee’s average weekly wage was about $1,200 plus benefits. Despite contesting the plaintiff’s allegations, the automotive company agreed to settle the workers’ compensation claim.
• Median settlement amount: $38,331 – The median settlement amount provides a useful measure of central tendency that reflects the middle value of all settlements, with half being higher and half being lower. Compared to the average workers’ compensation settlement, this figure provides a better representation of the typical settlement amount because it isn’t skewed by extremely high or low settlements. In contrast, the average workers’ comp settlement amount can be misleading because it includes outliers, which can significantly influence the average settlement amount, providing a less accurate representation of the typical settlement amount received by an injured worker.

Note: Workers’ compensation settlement data is intended for informational purposes only, and should not be interpreted as a guaranteed settlement value for your workers’ comp claim. If you are eligible to recover compensation, your settlement may be higher or lower than the amount provided above depending on the various circumstances and factors of your case.

Workers’ Compensation Settlement Examples

Settlement examples under $100K

• $35K settlement: Surviving relatives of a fatally injured worker filed a suit to secure compensation for death benefits, alleging that a family member, who was employed as an assembly worker, was fatally injured from exposure to hazardous materials including dust, fumes, smoke, and metal particles. This exposure was claimed to have contributed to a severe respiratory condition, leading to a fatal asthma attack. The employer contested the connection between the workplace environment and the employee’s death, as well as the family’s relationship to the deceased. The employer denied that the work conditions caused the fatal condition and questioned the claimants’ relationship to the deceased.
• $60K settlement: Surviving family members filed a workers’ compensation lawsuit to secure death benefits, alleging that a relative suffered fatal health issues due to a workplace injury following exposure to hazardous materials. The claim centered on the conditions within the workplace that involved exposure to dust, fumes, smoke, and metallic particles, leading to severe respiratory problems and ultimately death. The case highlighted that the deceased had previously initiated a worker’s compensation claim, which remained unresolved at the time of their passing. The employer contested the claims, disputing both the cause of death as related to the job environment and the family’s relationship to the deceased. The workers’ comp settlement discussions were aimed at resolving these claims, addressing the support for the dependents left behind.
• $81K settlement: An individual filed a claim following a work-related injury, claiming that the worker sustained injuries while driving a company-owned vehicle that slid off a road and rolled down an embankment. The accident resulted in a head injury described as a traumatic brain injury and a back injury. Subsequent medical evaluations determined that the individual had reached maximum medical improvement and was capable of performing heavy work, despite ongoing headaches, emotional, and cognitive issues, for which a specific impairment rating was assigned.

Settlement examples (between $100K and $500K)

• $110K settlement: An individual filed a worker’s compensation claim after injuring their lower back while moving a clawfoot tub at work, resulting in two herniated discs and radiating pain in the lower extremities. The claim of permanent disability was disputed by the employer. The parties reached a settlement, acknowledging the individual’s history of sciatica, pre-existing neuropathy, prior low back surgeries, and diabetic condition. They agreed that the accident caused or aggravated the individual’s lower back and radicular pain in the left leg, necessitating surgery (left L5-S1 foraminotomy and discectomy). However, they disagreed on whether the right leg issues were related. The individual waived all rights to future medical treatment except for the lower back and left leg pain. The settlement noted the individual’s average weekly wage at the time of injury was approximately $600, and they were placed at maximum medical improvement with a 10% impairment rating to the body as a whole.
• $118K settlement: While working, an employee’s foot caught on the corner of a table, causing a fall that resulted in severe pain in their leg, knee, hip, and back. The individual claimed that a total knee replacement was necessary and that they suffered a permanent impairment. The individual’s average weekly wage at the time of injury was approximately $565.29. They treated with a doctor for the knee injury, who placed them at maximum medical improvement (MMI) for the knee and leg and assigned a 50% impairment rating to the leg. Another doctor treated the individual’s lower back injury, placed them at MMI for the low back, and assigned a 0% impairment rating to the body as a whole. The parties reached a settlement and agreed that the employer could close future medical benefits by funding a professionally administered evidence-based Medicare Set-Aside agreement (MSA). An amended settlement order was later entered, closing future medical benefits pursuant to the employer’s funding of the MSA.
• $250K settlement: A worker filed a worker’s comp claim against their employer, alleging that they sustained a back injury while exiting a plane during a work-related trip. The case moved towards settlement, during which it was noted that the individual had reached maximum medical improvement on a specified date. At the time of the injury, the individual’s earnings were significant on a weekly basis, reflecting their compensation level before the incident.
• $435K settlement: A worker who was employed at a chemical plant was involved in a workplace accident while assisting with the installation of a large storage tank. The accident occurred when a co-worker unexpectedly removed a support cart from one side of the tank, causing it to fall and the worker, which resulted in a hip and shoulder injury. The worker, along with a family member, filed a lawsuit claiming negligence on the part of the co-worker and the general contractor responsible for the operation, asserting that the failure to communicate the removal of the support significantly contributed to workplace injuries. The claim emphasized the contractor’s liability for the actions of its employee during the course of work. A settlement was reached where the contractor and associated parties agreed to compensate the individual and the family member for personal injuries, loss of companionship, and medical expenses. Additionally, an insurance company involved in the case accepted a specified amount in settlement of all claims related to workers’ compensation benefits previously provided to the individual. The court finalized the agreement, approving the settlement and dismissing the claims with prejudice.

Settlement examples (between $500K and $1M)

• $562K settlement: An employee filed a worker’s compensation claim after sustaining injuries from an electrical shock while working on an electrical installation using a man-lift. The accident occurred when the individual, unexpectedly finding an electrical box to be live, came into contact with a conduit, resulting in immobility and loss of consciousness. This led to ongoing pain and significant impairment to the individual’s left arm and hand, necessitating multiple surgeries but leaving persistent difficulties with grip and sensation. Subsequently, the individual added a claim of retaliatory discharge, asserting that the filing of the worker’s compensation claim led to termination of employment and eviction from provided housing, which resulted in temporary homelessness.
• $968K settlement: Two employees of a landscaping company sustained injuries following a motor vehicle accident while on the job and sought compensation from the insurance company. The insurance company, aiming to settle all claims related to the accident, filed a legal action to distribute the policy limit among those affected. The parties reached a settlement to resolve the claims for a sum significantly less than the policy’s maximum coverage. The settlement aimed to provide a complete release from any further claims against the insurance company and its insured related to this incident.
• $1M settlement: A worker experienced significant emotional distress following a claim that resulted from a vehicle accident that was incurred during employment as a visiting nurse. This workers’ compensation claim involved severe and lasting injuries that led to chronic pain. The individual alleged bad faith and breach of insurance contract by the organizations responsible for administering the workers’ compensation trust over time. Issues escalated after a change in administration, leading to difficulties in obtaining necessary prescription medications, denied therapy that previously alleviated some pain, and medical massages. Furthermore, delays in payment to medical providers nearly resulted in cessation of medical support.

Settlement examples over $1M

• $1.2M settlement: An individual working as a paving foreman suffered serious injuries when struck by a backing asphalt transfer vehicle within a road closure. The vehicle was operated by an employee of a subcontracted hauler. The injured individual claimed the vehicle’s backup alarm failed to activate because it was in neutral, contrary to the driver’s assertion it was not. Witness accounts varied on whether the alarm sounded. It was contended that the hauler had a non-delegable duty to ensure safe vehicle operations, a principle supported by a state ruling that a motor carrier cannot offload this duty to an independent contractor. The individual believed they were in a safe area of the road based on the trucks’ usual routes but admitted not watching for vehicles behind them. Furthermore, they acknowledged taking pain medication for a pre-existing condition on the day of the accident.
• $1.7M settlement: A worker suffered personal injuries while on the job and subsequently pursued workers’ compensation benefits. The injured worker alleged that after filing the claim, they experienced harassment at work and were later terminated from their job, actions claimed to be discriminatory and retaliatory under state labor laws. The individual filed a lawsuit, asserting that the reasons given for the job termination were pretextual and retaliatory for engaging in a protected activity, specifically filing a workers’ compensation claim. The individual sought compensation for the retaliatory discharge and additional exemplary damages for the alleged wrongful conduct. The company denied all allegations of discriminatory and retaliatory conduct and contested the amount of damages claimed by the individual.

How Workers’ Compensation Claims Are Calculated

Medical expenses: The total cost of medical treatment related to the work-related injury or illness, including hospital stays, doctor visits, medication, and rehabilitation.

Lost wages: The amount of income the worker loses due to being unable to work because of the injury. This is often calculated as a percentage of the worker’s average weekly wage. As mentioned above, this is typically calculated based on 2/3 (or 66%) of the worker’s average weekly wage, but this percentage can vary slightly between states.

Permanent partial disability (PPD): If the worker has a permanent impairment but can still work in some capacity, they may receive a PPD award based on the severity of the impairment and its impact on their earning capacity.

Permanent total disability (PTD): If the worker is unable to return to any type of work due to the injury, they may receive PTD benefits, which are typically a percentage of their average weekly wage for life or until they reach retirement age.

Vocational Rehabilitation: If the injured worker needs training or education to return to work in a different capacity, the cost of these services may be included in the settlement.

Each of these variables can significantly affect the final settlement amount of a workers’ compensation claim, and the calculation process can be complex. It’s important for workers who have been injured on the job to understand their legal rights and consult a workers’ comp lawyer to ensure that they receive fair compensation and benefits for their injuries.

Maximize Your Workers’ Compensation Benefits With Help From An Experienced Attorney

It’s important to recognize that each workers’ compensation case is unique, and the method used to calculate the settlement will depend on the specific circumstances of the case. Consulting with a workers’ compensation attorney can help ensure that you receive a fair settlement.

Getting started with your work injury claim is easy. Just request a free case evaluation online, and a legal team in our network will reach out to you regarding your case. Our network of attorneys includes a team of over 250+ legal professionals throughout the United States with over $1 billion recovered for clients, including those who have suffered injuries as a result of a work-related injury.

⚖️ All of our attorneys work on a contingency fee basis, meaning there are no upfront legal fees or costs — you only pay if you win.

Frequently Asked Questions

How are workers’ comp settlements structured?

Workers’ compensation settlements can be a one-time payment or a structured payment plan. The injured worker signs a settlement agreement in the case of a lump-sum settlement, and receives the payment from the insurance company or employer. In a structured settlement agreement, the injured worker will receive payments over a set period of time.

How long do most workers’ comp settlements take?

A workers’ comp settlement offer can be made at any point during a case. Typically, most cases are resolved within 6 months and are usually paid out after the injured worker has reached maximum medical improvement (MMI) – the stage where a doctor has determined that the injured worker’s condition has stabilized.

How long do I have to file a workers’ compensation claim?

In most states, you have between 1 and 3 years to file a workers’ compensation claim, starting from the date of the injury or the date that the injury was discovered. However, it’s important to note that the specific statute of limitations can vary by state.