The circumstances surrounding work-related injuries are unique, and so are the characteristics of each claim. As a result, settlement values will vary depending on many factors of the work-related injuries. Current and future medical care costs may also play a large role in determining the value of a settlement. Bellow’s article will provide you detail overview of the Worker’s Comp Settlement Chart California, covering all aspects of compensation.
What factors impact the amount of workers comp benefits you will receive?
The amount of compensation you will receive for a workplace illness or injury depends on a range of factors, including:
- The type of illness or injury
- The severity of the illness or injury you sustained
- The type of treatment you require, including ER care, doctor visits, surgery, medical devices, and medications
- Your salary
You can choose to receive payouts either as a lump sum or as structured weekly or bi-weekly payments. The drawback of choosing one-time payouts is that you are also essentially waiving your right to reopen your claims in the future. This means if you’re illness or injury worsens, you will be solely responsible for shouldering your medical expenses. Opting for structured payments is ideal if you are not sure how your injury will affect your life in the future.
Potential Workers’ Compensation Benefits in California
In California, there are six kinds of workers’ compensation benefits an individual can receive:
- Medical Care: This includes coverage of medical bills such as visits to a doctor, hospital services, x-rays, use of medical equipment, medication, lab tests, and more.
- Temporary Disability Pay: These are payments you can receive if you are unable to work while recovering from your injury.
- Permanent Disability Pay: This form of payment is given to individuals who are unable to fully recover from their injuries and now have to deal with some sort of impairment for the rest of their lives.
- Wrongful Death Benefits: If a workplace illness or injury results in the death of an employee, their dependents can file a claim to receive compensation.
- Supplemental Job Displacement: If you are unable to go back to the place you previously worked or to the job you were previously assigned, you can request benefits to assist in your retraining and placement.
- Mileage for Treatment: The costs to travel to and from your medical visits may be covered. According to recent laws, if your injury was sustained on or after 1/1/2024, you can be paid $0.67 per mile traveled.
What is a worker’s comp settlement chart?
In general, a worker’s comp settlement chart shows details of how much compensation to expect if you have been injured at your workplace. But because different states have different rules when it comes to workers compensation, they also use varying settlement charts.
Most states have settlement charts that list the cost of compensation for the loss or damage of different body parts. These often include specific timeframes, usually in weeks, assigned to each body part, and corresponding damage ratings that indicate the severity of the illness or injury.
Worker compensation impairment rating chart
To calculate the amount of compensation you should receive, you need to multiply the impairment ratings by the number of weeks you will be needing compensation, then multiply the result by a certain portion of your income.
Here’s an example of an impairment rating workers comp settlement chart, which shows the impairment percentage range for different injuries, with a 100% rating indicating a complete loss.
Worker compensation impairment rating chart | |
Nature of injury | Impairment Rating |
Bone & joint deformity and instability | 0 to 60% |
Dislocation unreduced | 5% |
Dislocation reduced without fusion | 5 to 15% |
Facial paralysis | Up to 45% |
Hands & fingers | Up to 40%, depending on what’s affected |
Hemipelvectomy | 50% of the whole person |
Hips | 0 to 100% |
Impairment of cervical, thoracic and lumbar regions due to ankylosis | 2 to 56% depending on the area affected |
Impairment of the thumb | Up to 45% |
Upper extremities | Up to 60% |
Lower extremities | Up to 100% |
Motor deficits | 0 to 100% |
Pain or loss of sensation | 0 to 100% |
Respiratory impairment | 1 to 95% |
Shoulder joint injuries | 0 to 100% |
Week of compensation for complete loss
Here’s another worker’s comp settlement chart, which shows the maximum number of weeks you should receive compensation for a complete impairment or loss in a worker compensation case.
Week of compensation for complete loss | |
Body Parts | Weeks of Compensation |
Hand | 200 |
Arm | 240 |
Foot | 144 |
Leg | 200 |
Thumb | 75 |
Index finger | 45 |
Middle finger | 40 |
Ring finger | 25 |
Pinky | 20 |
Big toe | 35 |
Other toes | 10 |
Eye | 120 |
Back | 300 |
Worker’s Comp Settlement Chart California (Average payout)
Bellow settlement charts show the average amount of payout you can receive for different injuries and impairments. For the table below, we also included examples for clarity, although these are not always included.
Worker’s Comp Settlement Chart California (Average payout) | ||
Type of injury | Examples | Average settlement amount |
Mild head injury | Mild concussions, minor swelling | $1,000 to $30,000 |
Moderate head injury | Concussions, skull, fractures | $30,000 to $60,000 |
Severe head injury | Long-term brain trauma | $60,000+ |
Mild foot injury | Scrapes, cuts, minor injuries | $1,000 to $23,000 |
Moderate foot injury | Whiplash, cervical dislocation, pinched nerve, neck fracture | 23,000 to $60,000 |
Serve foot injury | Torn ligaments, amputations | $60,000+ |
Milde eye injury | Swelling, irritation, corneal abrasion | $1,000 to $23,000 |
Moderate eye injury | Eye burns, temporary vision loss, detached retina | $23,000 to $48,000 |
Serve eye injury | Permanent vision loss | $48,000 |
Neck injury | Whiplach, cervical dislocation, pinched nerve, neck fracture | $56,000+ |
Back injury | Disc problem, degenerative joint disease | $20,000 to $25,000 |
Mild knee injury | Bursitis, contusions, tendonitis | $1,000 to $22,000 |
Moderate knee injury | Fractures, sprains, strains, minor tears | $22,000 to $33,000 |
Serve knee injury | Ligament tears, amputations | $33,000+ |
How much do workers’ compensation claims cost?
The combined average cost for workplace illness and injury claims is $41,353, according to the most recent data available from the National Council on Compensation Insurance (NCCI). To get a clearer picture of the average compensation workers receive for different job-related injuries and illnesses, the council calculated medical and indemnity costs based on these three major categories: Cause of injury, Nature of injury, Part of the body
The tables below show workers comp settlement chart, detailing which job-related injuries offer the highest average payouts
Worker’s compensation settlement chart (cost by cause) | |||
Cause of injury | Medical | Indemnity | Total |
Motor vehicle | $47,500 | $37,811 | $85,311 |
Burn | $36,477 | $17,696 | $54,173 |
Fall/slip | $27,225 | $21,350 | $48,575 |
Caught | $26,188 | $18,400 | $44,588 |
Struck by | $22,093 | $17,884 | $39,977 |
strain | $17,421 | $17,870 | $35,291 |
Cumulative injuries | $15,492 | $17,253 | $32,745 |
Striking against | $16,107 | $14,310 | $30,417 |
Miscellaneous cause | $12,557 | $12,938 | $25,495 |
Cut/punch/scrape | $14,530 | $9.845 | $24,375 |
Worker’s compensation settlement chart (cost by body parts) | |||
Part of the body | Medical | Indemnity | Total |
Head/CNS | $60,875 | $33.067 | $93,942 |
Multiple body parts | $32,647 | $30,212 | $62,859 |
Hip/thigh/pelvis | $36,553 | $23,205 | $59,758 |
Leg | $38,049 | $21,699 | $59,748 |
Neck | $30,404 | $28,987 | $59,391 |
Arms/shoulder | $26,088 | $23,028 | $49,116 |
Lower back | $17,486 | $20,480 | $37,966 |
Upper back | $17,799 | $18,955 | $36,754 |
Knee | $18,239 | $16,693 | $34,932 |
face | $18,435 | $14,646 | $33,081 |
Workers’ Compensation Chart California for Temporary Disability
If you get hurt and you cannot work temporarily, you may be entitled to receive temporary disability benefits. These benefits are intended to cover your lost wages.
Temporary disability benefits may be available until you have reached maximum medical improvement or until you have recovered and gone back to work. Once you have reached maximum medical improvement, if you are still impaired, you will switch to receiving permanent disability benefits.
The table below shows the temporary disability benefits you may be entitled to depending on when your injury took place and the severity of your injury. You can receive temporary disability benefits for a maximum of 104 weeks.
Workers’ Compensation Chart California for Temporary Disability | ||
Date of Injury (on or after) | Average weekly earnings before injury | Temporary disability benefits |
1/1/2024 | Under $364.29 | $242.86 |
$364.30 or higher | ⅔ x AWE, up to a maximum of $1,619.14 | |
1/1/2023 | Under $364.29 | $242.86 |
$364.30 or higher | ⅔ x AWE, up to a maximum of $1,619.14 | |
1/1/2022 | Under $364.42 | $230.95 |
$364.43 or higher | ⅔ x AWE, up to a maximum of $1,539.70 |
Workers’ Compensation Chart California for Permanent Disability Benefits
If you are permanently disabled, you can receive benefits on an ongoing basis through workers’ compensation.
If you are 100% permanently disabled, you can continue to receive the same benefits you were getting under temporary disability benefits. Usually, this is ⅔ of your average weekly wage earned before your injury–up to maximum and minimum limits.
However, if you are only partly disabled, the amount and duration of your payments will vary based on your disability rating. The chart below shows the number of payment weeks you can receive your permanent disability benefits. If you were injured after 1/1/2005 and your rating was nine, for example, you’d receive benefits for nine times three weeks, or 27 weeks.
Workers’ Compensation Chart California for Permanent Disability Benefits | ||
Percentage of permanent disability | Payments per Percentage Point for Injury Occurring Between 1/1/2004 and 12/31/2004 | Payments per Percentage Point for Injury Occurring on or After 1/1/2005 |
Under 10 | 4 | 3 |
10 – 14.75 | 5 | 4 |
15 – 19.75 | 5 | 5 |
20 – 24.75 | 5 | 5 |
25 – 29.75 | 6 | 6 |
30 – 29.75 | 7 | 7 |
50 – 69.75 | 8 | 8 |
70 – 99.75 | 9 | 16 |
These values are laid out in the California Labor Code.
For example, if your disability rating was 20, you’d receive 5 weeks of payments for each percentage. 20% times 5 weeks = 100 weeks of benefits.
If you, like in our last example, had prior average weekly earnings of $435 per week, and a disability rating of 20%, you’d receive the $290 maximum payments for 100 weeks. Your total benefit would be $290 times 100, or $29,000.
Different maximum and minimum payments applied to permanent disability benefits | ||||
Date of Permanent Disability Injury | Total Disability Percentage | Minimum Weekly Payment Rate | Maximum Weekly Payment Rate | Supplemental Job Displacement Benefit |
1/1/2023 or later | Any percent | $160 | $290 | $60,000 |
1/1/2013 – 12/31/2013 | 1 – 54 | $160 | $230 | $60,000 |
1/1/2013 – 12/31/2013 | 55 – 69 | $160 | $270 | $60,000 |
1/1/2013 – 12/31/2013 | 70 – 99 | $160 | $290 | $60,000 |
Typically, maximum and minimum benefits depend less on the percentage of disability and more on the year the injury occurred.
California Workers’ Compensation Chart for Death Benefits
If an employee dies from a work-related injury, a spouse, children, or other dependents may be entitled to death benefits, including reasonable burial expenses and ongoing benefits, until the last dependent minor turns 18.
Ongoing death benefits are available at the total temporary disability rate with a minimum payment of $244.00 per week. The maximum total amount paid out over time depends on the number of dependents. The California workers’ comp settlement chart below shows how much total compensation is available after a fatal work injury.
California Workers’ Compensation Chart for Death Benefits 1/1/2013 or later | |
Number of dependents | Death benefit amount |
Burial Expenses | $10,000 |
One Total Dependent | $250,000 |
Two Total Dependents | $290,000 |
Three or More Total Dependents | $320,000 |
1 total plus 1 or more partial dependents | $250,000 plus four times annual support for partial dependents not to exceed $290,000 |
1 or more partial dependents | Eight times annual support not to exceed $250,000 |
Conclusion
Workers’ compensation is a system that helps injured workers heal and move forward after a workplace accident. Though many people have a vague understanding of the workers’ comp system, few know the details about the worker’s comp settlement chart, especially with respect to the state of California. If you are facing a workers’ compensation claim and aftermath, it is essential that you know details about the compensation that you receive.
FAQs
How Much Is the Average Workers’ Comp Settlement in California?
The average workers’ compensation settlement lands between $2,000 and $20,000. This is a wide range because the settlement depends upon the severity of the injury and the accident. Those who suffer from serious injuries such as brain or spinal cord injuries can expect to receive higher compensation than those who suffer from cuts, lacerations, or broken bones.
How Much Does a Workers’ Compensation Attorney Cost?
Most workers’ compensation attorneys charge a percentage of the payout. For workers’ compensation, a judge will assign a percentage based on the complexity of the case. You can expect to relinquish 10%, 12%, or 15% of your payout to your attorney’s fees.
How Are Workers’ Comp Settlements Calculated in California?
Workers’ comp settlements are typically calculated by the injured employee’s average weekly wage and their disability rating. If you have a permanent disability, you may receive more workers’ compensation over a longer time due to the severity of your injury.
What is the California mileage rate for disability transportation in 2024?
The workers’ comp mileage reimbursement rate for disability-related transportation is $0.67 per mile, as of 7/01/2023.