Workplace injuries and workers’ comp

How is Workers’ Compensation Calculated?

By Million Dollar Lawyer Editorial Team · Updated

A gray-haired man in a black wrist brace writes on a notepad at a kitchen table, his chin resting on his braced hand

You’re out of work after an injury on the job, and two questions keep coming back: how much will the checks be, and when will the first one arrive? If you’re counting the days and aren’t sure the insurance company got your number right, that’s a normal worry.

The short answer: workers’ comp pays a weekly benefit set by formula, a percentage of your average weekly wage before the injury, up to a weekly maximum. In many states, that’s about two-thirds of your gross pay. Michigan pays 80% of your after-tax pay, up to $1,201 a week for injuries in 2026. Medical care is paid separately. Michigan’s rules are in the boxes marked “In Michigan.”

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How is workers’ comp calculated?

Your weekly benefit is a percentage of your average weekly wage, capped at a maximum. Your state’s law sets the percentage, the wages that count and the cap, so the same injury can pay different amounts in different states.

  1. Find your average weekly wage: your gross pay before the injury, averaged over a period your state sets.
  2. Apply your state’s percentage.
  3. Compare the result with your state’s weekly maximum, and with its minimum if it has one.

The waiting period, the kind of disability and other benefits you receive then decide how many weeks you’re paid and whether anything comes off. For the rest of the claim, see our guide to workers’ compensation. (Employers’ premiums are figured differently.)

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What counts as your average weekly wage?

It’s your gross pay before the injury, averaged over the weeks your state’s law uses. Texas uses the 13 weeks before the injury (Texas Department of Insurance), and Illinois generally uses the 52 weeks before it (Illinois Workers’ Compensation Commission). Every payment is figured from this number, so ask how your state treats overtime, a second job and benefits that stop while you’re off.

What percentage of your wages does workers’ comp pay?

On average, about two-thirds of your gross wage. A few states, Michigan among them, use a percentage of after-tax pay instead (National Academy of Social Insurance).

Some examples, as of September 2026:

State or program Benefit while you can’t work at all The law
California Two-thirds of average weekly earnings Cal. Lab. Code § 4653
Florida 66⅔% of average weekly wage Fla. Stat. § 440.15(2)(a)
Illinois Two-thirds of average weekly wage Illinois Workers’ Compensation Commission
Federal employees 66⅔% of monthly pay, or 75% with a dependent 5 U.S.C. §§ 8105, 8110
Michigan 80% of after-tax average weekly wage MCL 418.351(1)

Why does workers’ comp pay only two-thirds?

Two-thirds replaces more than it sounds: the checks generally aren’t taxed (IRS Publication 525), and tax-free benefits replace a bigger share of lost wages than taxable ones would (National Academy of Social Insurance). So compare your check with your take-home pay, not your gross.

Is there a maximum or minimum weekly benefit?

Yes. States set a maximum weekly benefit, some also set a minimum, and the amounts vary (National Academy of Social Insurance). If you earned a high wage, the maximum, not the percentage, decides your check.

How much does workers’ comp pay in Michigan?

Michigan pays 80% of your after-tax average weekly wage, up to $1,201 a week for injuries in 2026 (MCL 418.351(1), 418.355(2); Workers’ Disability Compensation Agency). You don’t have to do the tax math. The agency’s yearly Weekly Benefit Tables turn an average weekly wage into a weekly rate, based on your tax filing status and number of dependents, and the law makes those tables conclusive (MCL 418.313).

Here’s the math for a made-up worker. The worker and the wages are invented; the rates come from the agency’s 2026 tables.

Step The made-up worker The math
1. Average weekly wage Earned $39,000 in the highest-paid 39 of the 52 weeks before a 2026 injury $39,000 ÷ 39 = $1,000 a week
2. 80% of after-tax pay Files taxes as single, no dependents The table gives $605.38: 80% of about $757 after taxes ($605.38 ÷ 0.8)
3. The maximum Below $1,201 Weekly rate: $605.38
4. The waiting period Off work 5 weeks That’s 14 days or more, so the first week is paid too: 5 × $605.38 = $3,026.90
5. Lighter work Returns on restrictions earning $600 a week The table gives $382.83 for $600, so the partial rate is $605.38 − $382.83 = $222.55 a week (MCL 418.301(9)(c))

What the example shows:

  • Short absences lose the first week. Back at full pay in under two weeks, the worker gets nothing for the first seven days (MCL 418.311).
  • 80% of after-tax pay isn’t always more than two-thirds of gross. A state paying two-thirds of gross wages would pay this worker $666.67 a week ($1,000 × 2 ÷ 3), before its maximum.
  • The cap matters only at high wages. At $2,000 a week, filing jointly with three dependents, the 2026 table gives $1,202.10, so that worker gets the $1,201 maximum.

How long does it take for workers’ comp to pay?

In Michigan, the first payment is due 14 days after your employer knows about the disability, and it covers everything owed up to then. Across the states, wage benefits usually start after a waiting period of three to seven days, and almost every state pays those days back if you’re out long enough (National Academy of Social Insurance).

Waiting period Waiting days paid if you’re off First payment due
Michigan 7 days 14 days or more (MCL 418.311) On the 14th day after your employer has notice or knowledge of the disability, then weekly (MCL 418.801(1))
California 3 days More than 14 days, or hospitalized as an inpatient (Cal. Lab. Code § 4652) Within 14 days after the employer knows of the injury and disability, then every two weeks (Cal. Lab. Code § 4650)

What does workers’ comp pay, and for how long?

Comp pays wage benefits while you can’t work or can only earn less, for as long as your state allows. It also pays for medical care: in principle, all covered medical costs of the injury (National Academy of Social Insurance). California, for example, generally limits temporary disability payments to 104 weeks within five years of the injury (Cal. Lab. Code § 4656(c)(2)).

Comp generally doesn’t pay for pain and suffering. A lawsuit against someone other than your employer who caused the injury, such as another company on a construction site, can. See workers’ comp compared with a personal injury claim and when you can sue after a workplace injury.

Can other benefits reduce your workers’ comp check?

Yes, depending on your state: unemployment, a pension or Social Security retirement benefits for the same weeks can reduce it. Social Security disability works the other way: federal law generally reduces those benefits when they and your comp together exceed 80% of your “average current earnings” before the disability (42 U.S.C. § 424a).

Do you pay taxes on workers’ comp?

Generally, no. Workers’ comp for a job-related injury or illness is fully exempt from federal income tax if it’s paid under a workers’ compensation act. Payments to your survivors are exempt too (IRS Publication 525). The exceptions:

  • If part of your comp reduces your Social Security or equivalent railroad retirement benefits, that part counts as Social Security benefits and may be taxable.
  • Retirement plan benefits based on your age, length of service or own contributions aren’t covered by the exemption, even if you retired because of the injury.
  • Pay for light duties after you return to work is taxable as wages.

What do workers’ comp calculators get wrong?

A calculator can multiply a wage by a percentage, but it can’t check the facts that decide your rate, and none can tell you what a settlement is worth. It needs, and often misses:

  • The right wage: the weeks your state uses, overtime, a second job and benefits that stopped.
  • Your state’s formula and maximum. Two-thirds of gross pay is the wrong formula for Michigan, and Michigan’s maximum depends on the year you were hurt.
  • Taxes and dependents. In Michigan’s 2026 table, a $1,000 weekly wage converts to $605.38 for a single filer with no dependents but $650.69 for a joint filer with two. The rate can also change later, for example when a dependent child turns 18 (MCL 418.353(2)).
  • Offsets and earning capacity. Other benefits can reduce the check, and in Michigan, partial benefits can be based on wages you’re capable of earning, even if you aren’t working (MCL 418.301(4)(b), (8)).

Is a settlement figured the same way as weekly benefits?

No. There’s no set formula. A settlement usually trades some or all of your future benefits for a lump sum. The amount is negotiated, and depending on your state, it may need approval from the comp agency or a judge.

Before you weigh an offer, work out what you’d give up: the weekly checks you could still receive, and future medical care, which a settlement can close for good. See our guide to workers’ comp settlements.

Offered a settlement, or not sure your weekly rate is right? Get a free case review. Four quick questions, no cost, no obligation.

What to do next

  1. Gather your pay records for the 52 weeks before the injury, including overtime, a second job and benefits that stopped.
  2. Report the injury in writing, and make sure a claim is filed. In Michigan, tell your employer within 90 days and make your claim within two years (MCL 418.381(1)).
  3. Check the insurer’s math. In Michigan, the insurer must send you a copy of Form WC-701 after the first payment and when benefits change or stop (Mich Admin Code R 408.31a(6), (7)). It lists your wage, lost fringe benefits, second-job pay, filing status and dependents, so check each one (Workers’ Disability Compensation Agency).
  4. Log every check with its date and amount, so a late or short payment stands out.
  5. Get a free case review before you sign a settlement. A lawyer can check your rate, your deadlines and whether someone else should also pay. Get a free case review, or, if you were hurt in Michigan, compare Michigan injury lawyers.

What waiting can cost

  • Your claim. A missed deadline can cost you benefits. In Michigan, you have 90 days to tell your employer and two years to make the claim (MCL 418.381(1)).
  • Back benefits. In Michigan, benefits generally can’t be paid for any period more than two years before you file an application for hearing (MCL 418.381(2)). If you were already paid weekly benefits and apply to have them restarted, the limit is generally one year (MCL 418.833(1); Martin v Somberg-Berlin Metals Co, Michigan Supreme Court, 1980).
  • Money every week. A mistake in your wage, filing status or dependents repeats in every check until it’s fixed.

What a good outcome looks like

Your first check arrives on time, figured from your real wages, including overtime, a second job and the benefits you lost. Your medical bills go to the insurer, not to you. If you settle, you know exactly what you’re trading away. From wondering whether your check is right to knowing how it’s figured, when it’s due and what to do if it isn’t.

For more on injuries at work, see the most common workplace accidents, browse the workplace injury guides, or read Michigan personal injury law in plain English.

Frequently asked questions

How is workers' comp calculated?

Your weekly benefit is a percentage of your average weekly wage before the injury, up to your state's weekly maximum. On average, state laws replace about two-thirds of pre-injury gross pay (National Academy of Social Insurance). Michigan pays 80% of your after-tax average weekly wage, up to $1,201 a week for injuries in 2026 (MCL 418.351(1), 418.355(2); Workers' Disability Compensation Agency).

How much does workers' comp pay in Michigan?

80% of your after-tax average weekly wage, up to $1,201 a week for injuries in 2026. Your average weekly wage is generally your pay, including overtime, in your highest-paid 39 of the 52 weeks before the injury, divided by 39. The agency's yearly tables convert it into a weekly rate based on your tax filing status and number of dependents (MCL 418.313, 418.351, 418.355, 418.371; Workers' Disability Compensation Agency). There's no minimum weekly benefit for an ordinary total disability (MCL 418.356(4)).

How long does it take for workers' comp to pay?

In Michigan, the first payment, covering everything owed so far, is due on the 14th day after your employer has notice or knowledge of the disability, and payments are weekly after that (MCL 418.801(1)). The first seven days aren't paid unless you're off work 14 days or more (MCL 418.311). California also calls for the first payment within 14 days after the employer knows of the injury and disability, and Illinois within 14 days after the employer gets notice of the injury (Cal. Lab. Code § 4650(a); Illinois Workers' Compensation Commission).

Do you pay taxes on workers' comp?

Generally not. Workers' comp for a job-related injury or illness is fully exempt from federal income tax if it's paid under a workers' compensation act. The exceptions include the part that reduces your Social Security benefits, retirement plan benefits based on age or length of service, and pay for light-duty work after you return (IRS Publication 525). Michigan's agency says comp benefits generally aren't subject to state income tax either.

Is there a workers' comp calculator?

Michigan's Workers' Disability Compensation Agency publishes a web-based benefit calculation program and yearly Weekly Benefit Tables, and the tables are conclusive for converting an average weekly wage into a weekly rate (MCL 418.313(2)). Any calculator is only as good as the wage, filing status and dependents you enter, and none can tell you what a settlement is worth.

Does workers' comp pay mileage to medical appointments?

In Michigan, yes. The insurer pays travel costs for treatment, exams and rehabilitation related to the injury once you tell it the mileage in writing (Mich Admin Code R 408.45(2)). The agency's rate is 76 cents a mile from July 1, 2026 (Workers' Disability Compensation Agency).

Sources

  1. MCL 418.301, Weekly benefits for total and partial disability; wage earning capacity · Michigan Legislature
  2. MCL 418.311, Waiting period for weekly benefits · Michigan Legislature
  3. MCL 418.313, After-tax average weekly wage; the agency's benefit tables · Michigan Legislature
  4. MCL 418.315, Medical care · Michigan Legislature
  5. MCL 418.321, Death benefits · Michigan Legislature
  6. MCL 418.351, Weekly benefits for total disability · Michigan Legislature
  7. MCL 418.353, Dependents · Michigan Legislature
  8. MCL 418.354, Coordination with Social Security retirement, pension and employer disability benefits · Michigan Legislature
  9. MCL 418.355, Maximum weekly rate · Michigan Legislature
  10. MCL 418.356, Minimum weekly benefits · Michigan Legislature
  11. MCL 418.357, Reduction of weekly benefits after age 65 · Michigan Legislature
  12. MCL 418.358, Reduction for unemployment benefits · Michigan Legislature
  13. MCL 418.361, Specific losses; total and permanent disability · Michigan Legislature
  14. MCL 418.371, Average weekly wage · Michigan Legislature
  15. MCL 418.381, Notice and claim deadlines · Michigan Legislature
  16. MCL 418.801, When compensation is due; late-payment penalties · Michigan Legislature
  17. MCL 418.835, Redemption of liability · Michigan Legislature
  18. MCL 418.836, Approval of redemption agreements · Michigan Legislature
  19. Workers' Disability Compensation Agency General Rules, R 408.31 to R 408.59 (R 408.31a, Form WC-701 and copies to the employee; R 408.45, travel expenses) · Michigan Office of Administrative Hearings and Rules
  20. State Average Weekly Wage Chart (maximum and minimum weekly rates, 1982 to 2026) · Michigan Workers' Disability Compensation Agency
  21. 2026 Weekly Benefit Tables (based on 80% of after-tax average weekly wage) · Michigan Workers' Disability Compensation Agency
  22. Calculation Program and Benefit Calculation · Michigan Workers' Disability Compensation Agency
  23. Frequently Asked Questions: Wage Benefits · Michigan Workers' Disability Compensation Agency
  24. Frequently Asked Questions: Medical Benefits · Michigan Workers' Disability Compensation Agency
  25. Employees' Information · Michigan Workers' Disability Compensation Agency
  26. A Summary of Your Rights and Responsibilities Under Michigan Workers' Compensation (WC-PUB-001, April 2026) · Michigan Workers' Disability Compensation Agency
  27. Travel Reimbursement Rates for Injured Employees · Michigan Workers' Disability Compensation Agency
  28. Form WC-701, Notice of Compensation Payments: filing instructions · Michigan Workers' Disability Compensation Agency
  29. Publication 525 (2025), Taxable and Nontaxable Income: Workers' Compensation · Internal Revenue Service
  30. 42 U.S.C. § 424a, Reduction of Social Security disability benefits · Office of the Law Revision Counsel, U.S. House of Representatives
  31. 5 U.S.C. § 8105, Total disability (federal employees) · Office of the Law Revision Counsel, U.S. House of Representatives
  32. 5 U.S.C. § 8110, Augmented compensation for dependents (federal employees) · Office of the Law Revision Counsel, U.S. House of Representatives
  33. Workers' Compensation: Benefits, Costs, and Coverage (2022 data, November 2024) · National Academy of Social Insurance
  34. California Labor Code § 4650, Timing of disability payments · California Legislative Information
  35. California Labor Code § 4652, Three-day waiting period · California Legislative Information
  36. California Labor Code § 4653, Temporary total disability payments · California Legislative Information
  37. California Labor Code § 4656, Limits on temporary disability payments · California Legislative Information
  38. Florida Statutes § 440.15 (2026), Compensation for disability · Florida Legislature
  39. Handbook on Workers' Compensation and Occupational Diseases · Illinois Workers' Compensation Commission
  40. Workers' compensation income and medical benefits (average weekly wage) · Texas Department of Insurance, Division of Workers' Compensation
  41. MCL 418.833, Further compensation; limit on benefits before an application · Michigan Legislature
  42. Martin v Somberg-Berlin Metals Co, 407 Mich 737 (1980) · Michigan Supreme Court (via the Caselaw Access Project, Harvard Law School Library)

Updated September 25, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

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