When a work injury keeps you off the job, workers' compensation can replace a portion of your lost income while you recover. But the amount isn't fixed — it depends on your state's formula, your average weekly earnings, the nature of your injury, and how long you're unable to work.
Here's how the system generally works.
Most states calculate workers' comp lost wage benefits using your average weekly wage (AWW) — typically based on your earnings over the 13 to 52 weeks before the injury. From there, the benefit is usually set at two-thirds (66⅔%) of your AWW, though some states use a different percentage.
That figure is then subject to two caps most workers never see spelled out:
So even if two-thirds of your wage works out to $1,200 per week, your state might cap payments at $900. And if your wages were very low, a minimum floor might apply instead.
Example (hypothetical): A worker earning $900/week might receive roughly $600/week in lost wage benefits — but only up to whatever maximum their state allows. Numbers vary significantly by state.
Workers' comp distinguishes between different categories of work-related disability, and each one pays differently.
| Benefit Type | What It Covers | Typical Duration |
|---|---|---|
| Temporary Total Disability (TTD) | Can't work at all while recovering | Until you return to work or reach maximum medical improvement |
| Temporary Partial Disability (TPD) | Can work limited hours or light duty at lower pay | Covers a portion of the wage difference |
| Permanent Partial Disability (PPD) | Lasting impairment that doesn't fully prevent work | Scheduled or unscheduled; varies widely |
| Permanent Total Disability (PTD) | Permanently unable to return to any work | Long-term or lifetime benefits in some states |
Temporary Total Disability is the most common form. Permanent Partial Disability payments are calculated differently — often using impairment ratings assigned by a physician and a state-specific formula.
Almost every state has a waiting period before lost wage benefits begin — typically three to seven days. If you're only out for a few days, you may receive nothing for that initial gap.
However, most states have a retroactive period: if your disability extends beyond a certain number of days (often 14 to 21), benefits are paid back to day one. The specifics vary by state.
At some point during recovery, a treating physician may determine you've reached maximum medical improvement (MMI) — meaning your condition has stabilized and isn't expected to improve further. This is a significant milestone in the claims process.
Once MMI is declared:
Workers' compensation in the construction industry has some specific wrinkles worth understanding.
Seasonal and variable earnings are common in construction. If you work seasonally or your hours fluctuate significantly, the AWW calculation may be contested — insurers and workers sometimes disagree on which pay periods best reflect true average earnings.
Independent contractor classification is another complication. Workers' comp coverage generally applies to employees, not independent contractors. In construction, misclassification is common — some workers labeled as independent contractors may actually be employees under state law. Whether coverage applies in those situations depends heavily on how the state defines the employment relationship.
Multi-employer job sites can create additional questions about which employer's insurer is responsible when the injury involves subcontractors or general contractors.
Lost wage benefits under workers' comp typically replace only a portion of your income — not all of it. Workers' comp also generally does not cover:
Some workers injured through a third party's negligence — like a defective piece of equipment manufactured by someone other than the employer — may also have a third-party personal injury claim separate from workers' comp. Those are evaluated under entirely different legal standards.
Workers' compensation is a state-by-state system. There is no single federal workers' comp program for most private-sector workers. This means:
The same injury, the same wage, and the same recovery timeline can produce very different payment amounts depending entirely on where the injury occurred.
Understanding how the formula works is the starting point — but what you'd actually receive under workers' comp depends on your state's specific rules, your employer's coverage, how your wages are calculated, and the medical determination of your disability status.
