When you’re injured on the job, one of the first questions that likely comes to mind is, “Does workers’ comp pay full salary?” Understanding how workers’ compensation benefits work is vital for anyone dealing with the aftermath of a workplace injury.
This article aims to clarify the intricacies of workers’ comp, its purpose, and what you can expect in terms of compensation.
WORKERS’ COMPENSATION
Workers’ compensation is a form of insurance designed to provide financial assistance and medical benefits to employees who suffer job-related injuries or illnesses.
The primary goal of workers’ comp is to help injured workers get the care they need while providing some level of wage replacement. It serves as a safety net, protecting both employees and employers by covering medical expenses and a portion of lost wages, thereby reducing the need for litigation.
DOES WORKERS’ COMP PAY FULL SALARY?
In most cases, workers’ compensation does not pay your full salary. Typically, workers’ comp covers about 66% of your average weekly wages. This percentage can vary slightly but generally hovers around two-thirds of your regular income.
The rationale behind this is to balance providing financial relief for injured workers with maintaining an incentive for them to return to work as soon as they are able.
VARIATIONS IN STATE LAWS
The specifics of workers’ comp benefits can vary significantly from state to state. Each state has its own regulations and maximum payout limits.
For example, some states may have a cap on the maximum weekly amount you can receive, regardless of your actual earnings. It’s essential to be aware of your state’s specific workers’ compensation laws to understand what benefits you are entitled to.
STATES WHERE WORKERS’ COMPENSATION PAYS A PERCENTAGE OF THE AVERAGE WEEKLY WAGE (AWW):
- 66 2/3% of AWW:
- Alabama
- Florida
- Georgia
- Idaho
- Kentucky
- Louisiana
- Maine (for injuries after 1/1/2013)
- Nebraska
- Nevada
- New Hampshire
- North Carolina
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas (depending on wage rate before injury)
- Utah
- Vermont (plus $10/week per dependent child)
- Virginia
- Wisconsin
- Wyoming (with a 3% increase for certain conditions)
- 80% of Spendable Weekly Wage:
- Alaska
- Maine (for injuries before 1/1/2013)
- Michigan
- 75% of AWW After Taxes:
- Connecticut
- 75% of Spendable Wages:
- Rhode Island (for injuries on or before 12/31/2021)
- 70% of AWW:
- Iowa (based on spendable earnings)
- New Jersey
- 70% to 75% of AWW:
- Texas (depending on wage rate before injury)
- 72% of Full Weekly Wage:
- Ohio (for the first 12 weeks, then 66 2/3% of AWW)
- 60% of AWW:
- Massachusetts
- 60% to 75% of AWW:
- Washington (depending on number of dependents)
- 67% of AWW:
- Kansas
- 85% of SAWW:
- Arkansas
- 80% of Spendable Weekly Wage:
- Alaska
STATES WITH SPECIFIC PAYMENT FORMULAS:
- California:
- $242.86 per month if AWW is under $364.29, 66 2/3% of AWW if earning $364.30 or more per week
STATES WITH SPECIAL CALCULATIONS:
- Arizona
- Colorado
- Minnesota
- Mississippi
- Missouri
- Montana
- New Mexico
- New York
- West Virginia
ADDITIONAL BENEFITS
While workers’ comp may not cover your full salary, it does offer additional benefits that can help ease the financial burden of a workplace injury. These benefits often include:
- MEDICAL COVERAGE: Workers’ comp typically covers the cost of medical treatment related to your injury, including doctor’s visits, hospital stays, surgeries, and medications.
- VOCATIONAL REHABILITATION: If your injury prevents you from returning to your previous job, vocational rehabilitation services can help you acquire new skills and find suitable employment.
- DISABILITY BENEFITS: In cases of severe injury, you may qualify for temporary or permanent disability benefits, which can provide additional financial support.
STEPS TO TAKE IF WORKERS’ COMP FALLS SHORT
If you find that workers’ comp does not cover enough of your salary, there are steps you can take to address the shortfall:
- REVIEW YOUR BENEFITS: Make sure you understand all the benefits you’re entitled to under your state’s workers’ compensation laws.
- SEEK ADDITIONAL BENEFITS: Explore other forms of financial assistance, such as short-term disability insurance or social security disability benefits.
- NEGOTIATE WITH YOUR EMPLOYER: In some cases, your employer may be willing to provide additional support, such as temporary job modifications or supplemental pay.
- CONSULT AN ATTORNEY: If you’re struggling to make ends meet or if your claim is denied, consulting with a workers’ compensation attorney can provide valuable guidance and help you with the legal process.
WRAPPING IT UP
While workers’ compensation is meant to provide essential financial support and medical benefits to injured workers, it does not typically pay your full salary.
Understanding the specifics of your state’s workers’ comp laws, as well as the additional benefits available, can help you better manage your recovery and financial stability.
If you find that workers’ comp isn’t sufficient, don’t hesitate to seek legal advice to make sure you receive the compensation you deserve.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.