How Much Are California Workers’ Compensation Settlements?

If you’re considering filing a workers’ compensation claim, you may be wondering: How much are California workers’ comp settlements?

In California, workers’ compensation settlements typically range from $2,000 to $40,000, depending on the severity of the injury, lost wages, and medical expenses. According to Martindale Nolo research, the average workers’ comp settlement nationwide is $21,800. Severe injuries may result in significantly higher payouts.

Having helped countless injured workers secure fair settlements, I understand the factors that influence compensation. Below, we’ll explore the types of workers’ comp settlements, how they are calculated, and what you can do to maximize your claim.

Understanding California Workers’ Comp Settlement Amount Variables

In California, workers’ compensation settlements typically range from $2,000 to $40,000, but can vary widely depending on the circumstances of the injury.

Settlement amounts

12% of settlements are less than $2,000
55% of settlements are between $2,000 and $20,000
13% of settlements are between $20,001 and $40,000
12% of settlements are between $40,001 and $60,000
8% of settlements are between $60,001 and $100,000

Factors affecting settlement

The type of injury
The treatment required, such as surgery or physical therapy
The resulting disability
Current and future medical care costs

Disability ratings

Disability ratings are based on the severity and kinds of disability
The number of weeks of payments is calculated by multiplying the disability rating by a number
For example, a disability rating of 10 to 24.75 is multiplied by 5 to calculate the number of weeks of payments

Death benefits

If an employee dies in a work-related accident, their families are entitled to death benefits

What Are the Average Workers’ Compensation Costs by Body Part?

Understanding how settlement amounts vary based on the affected body part is crucial for injured workers. Some injuries require extensive medical treatment, rehabilitation, and may lead to long-term disabilities, significantly increasing settlement values.

The average workers’ compensation costs vary by body part, with chest injuries averaging $14,500 in medical costs and $13,500 in indemnity. Foot and toe injuries cost around $15,400, while hand and finger injuries average $14,800 in medical expenses. Severe injuries, such as head or spinal injuries, can result in significantly higher payouts.

Generally, injuries affecting the head, neck, and spine result in higher compensation, while minor extremity injuries may have lower payouts. The following table provides a breakdown of average workers’ compensation settlements by body part.

Body Part	Medical Costs	Indemnity	Total Settlement
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/Shoulders	$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	$16,639	$24,932
Face	$18,435	$14,646	$33,081

Source: Insurance Business Mag

Does Surgery Increase a Workers Comp Settlement in California?

Yes, surgery typically increases workers’ compensation settlements in California. This is because surgery often indicates a more severe injury, which can lead to: higher medical costs, longer recovery times, more significant physical limitations, and potential permanent disability.

What Are the Average Workers’ Compensation Costs by Cause of Injury?

According to the National Council on Compensation Insurance (NCCI), motor vehicle crashes lead to the most expensive workers’ compensation claims, averaging $90,914 per claim. Burns follow at $67,224, while “other trauma” cases average $64,856. Injuries involving fractures, crushes, or dislocations result in an average cost of $63,531.

The cause of an injury can significantly impact the amount of a workers’ compensation settlement. Some workplace accidents, such as motor vehicle crashes and machinery-related injuries, tend to result in higher medical costs and lost wages, leading to larger settlements. Meanwhile, injuries caused by slips, repetitive motion, or minor cuts often lead to lower compensation amounts. The following table provides a breakdown of average settlements based on the cause of injury.

Cause of Injury	Medical Costs	Indemnity	Total Settlement
Motor Vehicle	$47,500	$37,811	$85,311
Burn	$36,477	$17,696	$54,173
Slip/Fall	$27,225	$21,350	$48,575
Caught in Machinery	$26,188	$18,400	$44,588
Struck by Object	$22,093	$17,884	$39,977
Strain (Repetitive Motion)	$17,421	$17,870	$35,291
Cumulative Injuries	$15,492	$17,253	$32,745
Striking Against Object	$16,107	$14,310	$30,417
Miscellaneous Cause	$12,557	$12,938	$25,495
Cuts, Punctures, Scrapes	$14,530	$9,845	$24,375

Source: Insurance Business Mag

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What Are the Average Workers’ Compensation Costs by Nature of Injury?

The average workers’ compensation payout varies by injury type. Amputations have the highest average at $126,000, followed by fractures at $63,000, burns at $52,000, and sprains at $34,000. Motor vehicle crashes are the most costly cause, averaging $89,152 per claim. Severity and body part affected impact compensation.

The nature of an injury plays a significant role in determining the settlement amount. Severe injuries, such as amputations and fractures, tend to result in higher compensation due to long recovery periods and potential permanent disabilities. Conversely, less severe injuries, such as sprains or carpal tunnel syndrome, may lead to lower settlements as they typically require less extensive treatment. The table below highlights the average workers’ compensation settlement amounts based on the type of injury.

Injury Type	Total Settlement
Amputation	$118,837
Fracture, Crush, or Dislocation	$60,934
Other Trauma	$60,288
Burn	$48,671
Infection or Inflammation	$37,498
Sprain or Strain	$33,589
Carpal Tunnel	$33,477
Laceration, Puncture, or Rupture	$33,348
Contusion or Concussion	$33,151
Occupational Disease or Cumulative Injury	$16,696

Source: National Safety Council (NSC)

Even though these numbers show average settlements, every case is different. If you need an accurate estimate, consult with a qualified workers’ compensation attorney.

California Workers’ Compensation Death Benefits Chart

Losing a loved one due to a work-related injury or illness can be devastating, and workers’ compensation laws in California provide financial support for surviving family members. Death benefits are designed to help cover burial costs and provide financial support to dependents. The amount received depends on the number of dependents and their level of dependency on the deceased worker’s income.

The table below outlines the death benefits available to dependents based on the date of injury and number of dependents.

Date of Injury	Burial Payment	1 Dependent	2 Dependents	3+ Dependents
After Jan. 1, 2013	$10,000	$250,000	$290,000	$320,000

*Partial dependents will receive up to four times the amount of annual support, up to a total of $290,000.

California Temporary Disability in 2025

Temporary disability benefits support workers who temporarily cannot work due to a job-related injury. Payments cover two-thirds of the worker’s average weekly wage, up to a state-set maximum.

California Permanent Disability in 2025

If a worker has 100% permanent disability, they usually receive two-thirds of their average weekly income. If the disability is less than 100%, payments range from $160 to $290 per week.

Get in Touch with a Workers’ Compensation Lawyer

If you’ve been injured at work, don’t risk losing the compensation you deserve. Call Scher, Bassett & Hames today at (408) 739-5300 for a free, no-obligation consultation. Our experienced workers’ compensation attorneys will fight aggressively to maximize your settlement, ensuring you get the medical care, lost wages, and financial support you’re entitled to. The sooner you act, the stronger your case—call now and take the first step toward financial recovery!

Further Reading:

Understand Your Rights After a Workplace Injury

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FAQs About Workers Comp Settlements in California

What Expenses Are Covered by Workers’ Compensation in California?

Workers’ compensation in California covers a range of expenses to help injured employees recover and maintain financial stability. These include:

Medical treatments – Doctor visits, hospital stays, surgeries, and rehabilitation.
Prescription medications – Any necessary medications related to the injury.
Lost wages – Compensation for time missed from work due to the injury.
Permanent disability benefits – If the injury results in long-term impairment.
Vocational retraining – If the employee cannot return to their previous job.
Mileage reimbursement – Coverage for travel expenses to medical appointments.

Understanding these benefits can help injured workers maximize their claim and receive the full compensation they are entitled to.

How Do You File a Workers’ Compensation Claim in California?

Filing a workers’ compensation claim correctly is crucial to securing benefits. Here’s the step-by-step process:

Report the injury – Notify your employer within 30 days of the injury.
Complete the DWC-1 form – Your employer should provide you with the official claim form.
Seek medical treatment – See a doctor authorized by your employer’s workers’ compensation insurance.
Submit your claim – Your employer must forward the completed form to the claims administrator.
Follow up – Stay in contact with the claims administrator and attend required medical evaluations.
Consult an attorney – If your claim is delayed or denied, an attorney can help protect your rights.

By following these steps, injured workers can ensure their claim is processed efficiently and without unnecessary delays.

What Happens If an Employer Disputes a Workers’ Compensation Claim?

Some employers dispute workers’ compensation claims to avoid increased insurance premiums. If this happens, injured employees can take the following steps:

Gather evidence – Keep detailed records of the injury, witness statements, and medical reports.
File an appeal – If your claim is denied, you can appeal to the California Division of Workers’ Compensation (DWC).
Attend a hearing – A judge will review the evidence and determine whether you qualify for benefits.
Seek legal help – A workers’ compensation attorney can provide legal representation and improve the chances of a successful appeal.

Employees have the right to challenge claim denials and receive the compensation they deserve.

How Long Does a Workers' Compensation Settlement Take?

Many workers wonder how long it takes to receive a workers' compensation settlement. The timeline depends on factors such as:

The severity of the injury and necessary medical treatment.
The complexity of the case, including disputes over liability.
Whether the insurance company offers a fair settlement or requires litigation.

On average, most workers’ compensation settlements in California take between 12 and 24 months, though some cases may resolve in as little as 6 months. If a case requires a hearing or appeal, the process can extend beyond two years.

Do all workers comp cases end in a settlement in California?

No, not all workers' compensation cases in California end in a settlement. Some cases go to trial or are resolved by the Workers' Compensation Appeals Board (WCAB).

Can You Receive Workers’ Compensation Benefits While Still Working?

Yes! Many injured employees qualify for workers’ compensation benefits while still working under light-duty or modified work restrictions. California law allows workers to receive temporary partial disability (TPD) benefits if:

Their doctor places work restrictions that limit physical tasks.
They earn less than their pre-injury wages due to limited duties.
Their employer provides alternative work but at a lower rate of pay.

Even if you return to work, you may still qualify for compensation, including medical expenses and wage loss benefits.

What Happens If Your Workers’ Comp Claim Is Denied?

A denied workers' compensation claim does not mean the end of your case. Common reasons for denial include:

Failure to report the injury on time.
Insufficient medical evidence.
Employer disputes over how the injury occurred.

If your claim is denied, you have the right to challenge the decision through the California Workers' Compensation Appeals Board (WCAB). A skilled attorney can help gather medical evidence, represent you at hearings, and fight for your rightful benefits.

How Much Do Workers’ Compensation Attorneys Charge in California?

In California, workers' compensation attorneys typically charge a contingency fee, which is usually between 10% and 15% of the total benefits awarded to the client, with more complex cases potentially leading to a higher percentage within that range.

How Can I Maximize My Workers’ Comp Settlement?

To maximize your workers' comp settlement, you should: immediately notify your employer about your injury, seek prompt medical attention, keep detailed records of your injury and treatment, be consistent with your account of the incident, consider getting a second medical opinion, and consult with a workers' compensation attorney to navigate the process and advocate for your rights; essentially, document everything thoroughly and act promptly to strengthen your claim.

About the Author

Gerald Scher, Attorney at Law

Gerald “Jerry” Scher is a San Jose personal injury attorney with over 30 years of experience. A graduate of Santa Clara University School of Law, he has secured settlements from $5,000 to $1.5 million in personal injury and workers’ compensation cases. Jerry is a member of the American Bar Association and Santa Clara County Trial Lawyers Association.