ABA Family Legal Guide

Law and the Workplace

On the Job

Workers' Compensation

How much compensation is paid for an injury or illness?

Workers receive a fixed weekly benefit based on their regular salary. The percentage of regular salary received varies from state to state but is generally in the 50 to 66 percent range. This wage payment is made for the period during which the employee is temporarily unable to work due to the injury.

Workers' compensation also pays for all medical expenses associated with the injury or illness. Most state laws also provide some compensation for the costs associated with medical and vocational rehabilitation.

Employees who suffer a permanent disability, whether partial or total, are also eligible for a payment to compensate for the decrease in earnings attributable to the permanent nature of the disability. The amount payable may be determined by a schedule (a list that specifies wage loss for specific disabilities; for example, $8,910 for loss of an index finger), or by percentage of the weekly wage.