State Workers’ Compensation Laws

ALABAMA: For temporary or permanent total disability, an injured worker receives 66 2/3 percent of the wage with a minimum and maximum wages established by law. The employer selects the employee’s physician.

ARIZONA: Disability rate is 66 2/3 percent of the wage with no minimum weekly payments but maximum payments established by law. The employee selects the physician.

CALIFORNIA: Permanent total disability benefits (based on permanent disability of 100%) are paid for life, at the temporary disability rate. For injuries that occur on or after January 1, 2003, the benefit rate will be adjusted each year based on any increase in the state average weekly wage (SAWW). A state agency oversees the selection of the physician.

DISTRICT OF COLUMBIA: Disability rate is 66 2/3 percent of his/her average weekly wage and 100 percent of the medical expenses are paid. The employee selects the physician.

FLORIDA: Disability rate is 66 2/3 percent of your average weekly wage. If you were injured on or after October 1, 2003 , your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured.

GEORGIA: You will receive two-thirds of your average weekly wage, but not more than $575.00 per week for an accident which occurred on or after July 1, 2016.

ILLINOIS: Disability rate is 2/3 of your average weekly wage.

IOWA: Total weekly compensation for any employee is not to exceed 80% of the employee’s weekly spendable earnings. The law defines “spendable earnings” as that amount remaining after payroll taxes are deducted from gross weekly earnings.

KANSAS: Kansas workers compensation law requires that an employer or its insurance carrier pay an injured employee two-thirds of the employee’s gross average weekly wage up to the amount of the applicable maximum benefits.

MASSACHUSETTS: Under Massachusetts workers’ compensation laws, the following are the benefit amounts a disabled worker is entitled to:

  • Total and permanent incapacity: Two-thirds of the worker’s average weekly wage
  • Total incapacity: 60 percent of the worker’s average weekly wage, up to 156 weeks
  • Partial incapacity: 60 percent of the difference between the worker’s weekly wage before the injury and after the injury

MISSISSIPPI: Permanent total disability benefits will normally be 66⅔ percent of your AWW, and may be paid for up to 450 weeks.

NEVADA: Permanent total disability benefits will normally be 66⅔ percent of your AWW up to a maximum yearly amount as defined by the department of industrial relations.

NEW YORK: The weekly cash benefit for temporary total disability is computed by taking two-thirds of the workers’ average weekly wage for one year immediately preceding the accident.

OREGON: You can receive temporary disability payments up to 66.67% of your gross wages.

TEXAS: The maximum benefit amount may not exceed the state average weekly wage (SAWW), rounded to the nearest whole dollar, as follows:

  • Temporary Income Benefits (TIBs) = 100% of SAWW
  • Impairment Income Benefits (IIBs) = 70% of SAWW
  • Supplemental Income Benefits (SIBs) = 70% of SAWW
  • Lifetime Income Benefits (LIBS) = 100% of SAWW for the first year an injured employee receives LIBs
  • Death Benefits (DBS) = 100% of SAWW

WEST VIRGINIA: Temporary disability payments will be up to two-thirds of their average weekly wages during the time they are eligible for benefits.


Inside State Workers’ Compensation Laws