Workers’ Comp Settlement Calculator - Estimate Your Claim Value

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Use this workers’ comp settlement calculator to estimate your claim value and learn about factors that affect case value. 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 calculator also includes key variables such as weekly compensation rate, the number of weeks of compensation, medical expenses, and vocational rehabilitation costs to calculate an estimated total settlement amount.

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Settlement Calculator

Enter the total amount you receive weekly as compensation for lost wages due to your work-related injury. This value is typically two-thirds of your average weekly earnings, but your employer or insurance provider might have specific calculations. Check your recent wage statements to find the accurate compensation amount to input here.

Estimate the total number of weeks you expect to receive compensation based on the nature of your injury and jurisdictional guidelines. Refer to your medical prognosis or consult legal resources specific to your state to determine this period accurately.

Include the total cost of your injury-related medical treatments not covered by insurance. This could include emergency care, specialist consultations, surgery, medications, rehabilitation, or ongoing therapy. Don’t forget to add future projected costs if you anticipate needing further treatment.

If you are unable to return to your previous job due to injury, you might require vocational rehabilitation to retrain or transition to a new role. Estimate the total cost of training programs, career counseling, or specialized equipment that will enable you to work in a different capacity.

Note: 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 above uses this 66% rate. However, this percentage can vary slightly from state to state.

Average Workers’ Comp Settlements & Examples

Average workers' comp settlement amount chart (2024)
Average workers’ comp settlement amount chart (2024)

The average workers’ compensation settlement amount in the United States is approximately $66,659. 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 individual filed a lawsuit after being severely and permanently injured while working as a paving foreman. They were knocked down and run over by an asphalt transfer vehicle driven by an employee of 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 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 worker 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 a permanent eye disability. The plaintiff filed claims for workers’ compensation benefits against the company and negligence against the supervisor. They claimed their average weekly wage was about $1,200 plus benefits at the time of the injury. 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. This figure gives a better sense of what a typical settlement might look like, as it isn’t skewed by extremely high or low settlements. In contrast, the average settlement amount can be misleading because it incorporates the influence of outliers, which might significantly raise or lower the mean, thereby providing a less accurate representation of the common experience for most claimants.

Note: Settlement data is intended for informational purposes only, and should not be interpreted as a guaranteed settlement value for your worker’s comp case. If you are eligible to recover compensation, your settlement may be higher or lower than that amounts provided above depending on many case factors.

Workers’ Compensation Settlement Examples

Settlement examples under $100K

  • $35K settlement: Individuals filed a suit to secure worker’s compensation dependent death benefits, alleging that a family member, employed as an assembly worker, was fatally impacted by workplace 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 individual’s death, as well as the familial relationship with the claimants. The case involved a previous worker’s compensation claim by the deceased, which had not been resolved before their death. Settlement discussions addressed these issues, with the employer denying that the work conditions caused the fatal condition and questioning the claimants’ relationship to the deceased.
  • $60K settlement: Individuals filed a suit to secure workers’ compensation dependent death benefits, alleging that a relative suffered fatal health issues due to workplace 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 familial relationship with the claimants. The settlement discussions were aimed at resolving these claims, addressing the support for the dependents left behind.
  • $81K settlement: An individual filed a worker’s compensation action, claiming injuries sustained while driving a company-owned vehicle that slid off a road and rolled down an embankment. The incident 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. The individual’s average weekly earnings at the time of the accident were noted, highlighting the economic impact alongside the physical challenges faced following the incident.

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

  • $125K settlement: An individual filed a worker’s compensation claim against their employer, alleging severe injuries sustained while working, which affected their lower back, hip, and leg. The employer disputed the permanence of these injuries and the claim of disability. Following the incident, the individual continued medical treatment until being deemed to have reached maximum medical improvement, with a determination of a permanent partial impairment to their whole body rated at a specific percentage. The individual’s compensation at the time of the injury was noted to be a significant weekly amount, reflecting their earnings prior to the injury.
  • $250K settlement: An individual filed a worker’s compensation action against their employer, alleging 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: An individual employed at a chemical plant was involved in an accident while assisting with the installation of a large storage tank. The incident occurred when a co-worker unexpectedly removed a support cart from one side of the tank, causing it to fall and the individual to be propelled to the ground, resulting in injuries to the hip and shoulder. The individual, 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 the accident. The case 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 individual filed a worker’s compensation claim after sustaining injuries from an electrical shock while working on an electrical installation using a man-lift. The incident 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 in 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: An insurance company sought to resolve claims following a vehicle accident involving its insured and two employees of a landscaping company, who were on the job at the time. The two individuals from the landscaping company sustained injuries from the accident 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: An individual experienced significant emotional distress related to the handling of a workers’ compensation claim originating from a vehicle accident incurred during employment as a visiting nurse. This 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. A legal challenge ensued, culminating in a jury finding that the later administrators were significantly liable for mishandling the claim, leading to substantial compensatory damages being awarded to the individual.

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. The individual’s employer was also claimed to be comparatively at fault for not implementing a proper traffic control plan on the site. A workers’ compensation claim was also filed, with the employer seeking to recover the compensation benefits paid, which included significant medical expenses.
  • $1.7M settlement: An individual suffered personal injuries while working and subsequently pursued workers’ compensation benefits. The individual 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. During a jury trial, it was determined that the termination or discrimination was because the individual had in good faith pursued workers’ compensation proceedings. The jury awarded substantial damages for actual losses and additional exemplary damages, culminating in a final judgment that significantly exceeded $1.6 million.

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.

Example: If a worker incurs $15,000 in medical expenses for surgery and $5,000 for physical therapy following a workplace injury, the total medical expenses component would be $20,000.

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.

Example: If a worker earns an average of $800 per week and is out of work for 12 weeks due to an injury, the lost wages component might be calculated as 2/3 of the weekly wage, resulting in a payment of $6,400 for the lost wages (12 weeks x $800 x 2/3).

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.

Example: If a worker loses 50% use of their hand and the state’s schedule assigns a value of 200 weeks for the total loss of a hand, the PPD award would be 100 weeks of compensation at the worker’s disability rate (200 weeks x 50% = 100 weeks).

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.

Example: If a worker is permanently paralyzed and earns an average weekly wage of $900, they may receive PTD benefits at 2/3 of their average weekly wage, which would be $600 per week for life or until 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.

Example: If a worker needs to undergo a retraining program that costs $10,000 to qualify for a different job position, this cost would be included in the settlement calculation.

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.

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.

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 to 3 years to file a workers’ compensation claim, starting from the date of the injury or the date you became aware of a work-related illness. However, it’s important to note that the specific statute of limitations can vary depending on the state in which you work. Therefore, it’s crucial to check the governing

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