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California Workers’ Comp Settlement Chart 2024

Diefer Law Group
California Workers’ Comp Settlement Chart

Workers’ compensation is a helpful benefit for those who are injured on the job. The primary coverage that it offers includes paying for medical expenses and wage compensation for those who have to miss work because of their injuries. However, just how much people are paid is determined by a variety of factors, which can be complicated to figure out. A California workers’ compensation lawyer can help you understand what to expect in your case, but there are some general guidelines to understand.

2024 Workers’ Comp Disability Benefits

To understand the way that disability benefits are paid in California, you will need to understand the difference between temporary and permanent disability.

Temporary Disability

In the case of temporary disability, you are expected to make a recovery but are unable to work. In that situation, how much you will receive depends on your average weekly wages. For those whose average weekly wage is $364.29 or less, they will receive a payment of $242.86 for each week that they are unable to work. Those who make between $364.30 and $2428.72 will be paid two-thirds of their average weekly wage. Those who make more will be subject to the maximum at the $2428.72 rate.

It’s worth noting that most disability payments will not be subject to taxation. This will likely mean that the take-home pay is roughly similar to regular wages for most people, even at the two-thirds rate. Temporary disability benefits could last for as many as 104 weeks.

Permanent Disability

Permanent disability can be a little more complex than temporary disability. Although very rare, if someone has a 100% permanent disability and is entirely unable to work, then they will receive that same two-thirds of their wages for the remainder of their life.

In most cases of permanent disability, it is a partial disability that will allow someone to continue to work at some level, even if it is not the same as before. In these cases, there is a minimum weekly rate of $240 and a maximum weekly rate of $435.

If your two-thirds average rate falls within that range, you will be paid that rate, and if it falls below, you will make the minimum. If your rate is above it, you will make the maximum. This is a lower amount because those with these injuries are still expected to be able to work at some level.

Disability Ratings

Permanent does not mean that these payments will continue indefinitely. You will receive a specific number of weeks based on a disability rating that will be given based on the severity and kinds of disability that you have. The number of weeks that these payments are made, based on these ratings, is calculated by multiplying a number times the disability rating. The number of payment weeks for each percentage point are:

  • 4 – For disability ratings under 10
  • 5 – For disability ratings of 10 to 24.75
  • 6 – For disability ratings of 25 to 29.75
  • 7 – For disability ratings of 30 to 49.75
  • 8 – For disability ratings of 50 to 69.75
  • 9 – For disability ratings of 70 to 99.95

For someone with a disability rating of 35, they will receive 245 (35×7) payments.

FAQs

Q: What Could Make a Workplace Injury Ineligible for Workers’ Comp?

A: To be eligible for workers’ compensation, an injury must happen at work and in the course of performing your work. This will generally mean that most workplace injuries are covered, though there could be some expectations. 

In particular, if an injury was caused on purpose or was the result of the influence of drugs or alcohol, it could be ineligible. Additionally, if the injury was a product of an action other than performing your work, such as horseplay, roughhousing, or fighting, it would not be covered by workers’ compensation.

Q: What Happens If My Workers’ Comp Is Denied?

A: If your workers’ compensation claim is denied, it doesn’t mean that you will never receive benefits. There is a process for appeals available that you could use to get the compensation that you need. However, to ensure that you take full advantage of these opportunities and have a strong case presented on your behalf, it can be a good idea to work with a workers’ compensation attorney.

Q: Besides Wage Replacement, What Else Could Workers’ Compensation Cover?

A: Wage replacement is one of the major components of workers’ compensation insurance. The other major component is covering medical expenses. This means that any medication, doctor’s visits, testing, surgeries, physical therapy and rehabilitation, or any other medical costs should be covered by workers’ compensation. If the injuries are severe enough to require a change of careers, workers’ comp may also cover vocational rehabilitation, which could assist with training.

Q: Does My Employer Have a Workers’ Compensation Insurance Policy?

A: In almost every case, with very limited exceptions, a California employer is required to have a workers’ compensation policy. This is true regardless of the size of the entity or whether it is private or government. An experienced workers’ comp attorney can help you determine if your employer is required to have workers’ compensation insurance.

A California Workers’ Compensation Lawyer Can Help You Maximize the Compensation That You Receive

Workers’ compensation can be a critical help to those who’ve been injured at work, but making sure that you are receiving all that you’re supposed to be can be tricky. The process is often complicated, and insurance may fail to give you the totality of what you should be receiving or even deny your claim outright. When this happens, you do have some options available to you to acquire everything that you should be receiving. The process, though, can often be difficult to navigate, and it is easy to make a small error, leading to unnecessary delays. A lawyer can be essential to helping to get all that you deserve. At Diefer Law Group, P.C., we have a firm understanding of the law and can help you know what you should expect to receive in your situation. It’s critical that paperwork and documentation be handled properly, and we can help ensure that happens. If there is a need for appeals, we can represent you through every legal procedure and make a strong case for you to receive the compensation that you deserve. Contact us at Diefer Law Group, P.C., to discuss your workers’ compensation needs.
Abel Fernandez

Abel Fernandez

Attorney Abel Fernandez believes in the aggressive representation of injured workers. Workers’ compensation law is a very difficult and frustrating area of the law. Employees routinely have medical treatment and benefits delayed or denied by insurance companies. Mr. Fernandez fights for the rights of the injured worker to get medical treatment and the maximum amount of benefits possible. We have experience fighting the insurance company and adjusters, and we are committed to obtaining the best outcome possible for our clients.


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By contacting Diefer Law Group, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material. Emails, text messages, and phone calls may be automatically generated using the information from this contact form to better coordinate communication. You understand that your consent to this is not necessary to obtain legal services from Diefer Law Group. Messaging and data rates may apply.