Getting injured at work can turn your life upside down in an instant.

On top of dealing with doctor’s appointments and recovery, many people are surprised when they receive their first workers’ compensation payment and realize it’s less than their regular pay.

In most cases, workers’ comp only pays about two-thirds of your wages, which naturally leaves a lot of people asking why.

The good news is that there’s a reason behind it.

In this post, we’ll explain why workers comp only pay 2/3 of your income, how those payments are calculated, and what options may be available if the amount isn’t enough to cover your expenses.

What Does Workers’ Compensation Pay For?

Workers’ compensation isn’t just about replacing lost wages. It’s a system that provides several benefits when you suffer a work-related injury or illness.

Depending on your situation, workers’ compensation may cover:

  • A portion of your lost wages while you’re unable to work.
  • Medical treatment related to your workplace injury.
  • Disability benefits if your injury causes temporary or permanent limitations.
  • Rehabilitation or vocational training in some cases.
  • Death benefits for eligible family members if a workplace accident is fatal.

Also Read: How Much Does Workers Comp Pay Weekly?

What Does Workers' Compensation Pay For

Why Does Workers’ Comp Only Pay Two-Thirds Of Your Wages?

Workers’ compensation is based on a compromise between employees and employers.

Employees receive benefits without having to go through a lengthy lawsuit or prove that their employer caused the accident. In return, employers are generally protected from being sued in most workplace injury cases.

Because of this arrangement, workers’ compensation isn’t designed to replace 100% of your income. Instead, it provides partial wage replacement.

The two-thirds rule has become the standard in many states.

It helps keep the workers’ compensation system financially sustainable while still giving injured workers income during their recovery.

Workers’ compensation isn’t intended to function like paid annual leave or sick leave. It’s an insurance benefit. Its purpose is to provide enough support to help you get by while you’re healing.

Many people also don’t realise that receiving your full salary could remove some of the financial balance built into the workers’ compensation system. The programme aims to provide support without creating a situation where wage replacement exceeds what the system was designed to offer.

Is Workers’ Compensation Taxable?

In most cases, workers’ compensation benefits are not taxable at the federal level.

That can make a noticeable difference when comparing your normal pay to your workers’ compensation payments.

For example, if you normally earn $900 a week before taxes and deductions, your take-home pay is usually lower than that amount.

Also Read: Notice To Controvert

If your workers’ compensation payment is approximately two-thirds of your wages and isn’t taxed, the difference may not feel as large as it first appears.

There are some exceptions involving other government benefits, such as Social Security disability benefits, which may affect taxation in certain situations.

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How Is Workers’ Compensation Calculated?

Workers’ compensation payments aren’t pulled out of thin air. They’re usually calculated using your average weekly wage.

This calculation often considers factors such as:

  • Your regular earnings before the injury.
  • Overtime pay in some situations.
  • Bonuses or additional compensation in certain states.
  • The number of weeks or months used to calculate your average earnings.

Once your average weekly wage is determined, the workers’ compensation formula is applied.

In many states, this means receiving around two-thirds of that amount.

There are also maximum and minimum weekly benefit limits. That means higher earners may receive less than two-thirds of their actual wages if their state’s benefit cap applies.

Why Does Workers' Comp Only Pay Two-Thirds Of Your Wages

For example, someone earning a very high salary may discover that their weekly workers’ compensation payment is limited by state law. On the other hand, lower-income workers may qualify for minimum benefit amounts that offer additional protection.

Also Read: Notice Of Proposed Conciliation Decision

Can You Receive More Than Two-Thirds Of Your Pay?

In some situations, yes.

Although the standard wage replacement amount is often around two-thirds of your average wages, additional benefits may sometimes increase your overall financial support.

For example, you may qualify for permanent disability benefits or supplemental programmes available under your state’s laws. Some injured workers also receive payments for lasting impairments that are separate from temporary wage replacement benefits.

If you’re able to perform light-duty work, you may receive partial wage benefits that help make up some of the difference between your previous earnings and your reduced income.

These benefits don’t necessarily mean you’ll receive your full salary. They simply provide extra support when certain legal requirements are met.

What Happens If Two-Thirds Of Your Pay Isn’t Enough?

For many families, losing one-third of their income can create financial difficulties. Mortgage payments, rent, groceries and utility bills don’t stop simply because you’ve been injured.

If two-thirds of your wages isn’t enough to cover your expenses, there are a few steps worth considering.

You may want to review your workers’ compensation paperwork carefully to make sure your payments have been calculated correctly. Mistakes do happen from time to time.

You can also explore temporary financial assistance programmes that may be available in your area. Some workers qualify for additional forms of support while recovering from a serious injury.

If your doctor clears you for light-duty work, returning to work in a modified position may help supplement your income.

Bottom Line

Workers’ compensation pays two-thirds (66.67%) of an employee’s pre-tax wage because the benefits are tax-free, meaning the payout closely mirrors a worker’s normal take-home pay.

This legal standard balances financial support for injured employees with the economic viability of businesses, while providing a natural financial incentive to return to work.

The good news is that workers’ compensation often covers medical expenses and may provide tax advantages that help offset the reduced payments.

In many cases, additional benefits may also be available depending on your injury and your state’s laws.

If your workers’ compensation payments seem lower than expected, it’s always worth taking the time to understand how they were calculated.

 

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.