California Workers’ Comp Settlement Chart by Injury Type & Cause 2023

After suffering an injury at work you probably have a lot of questions with very few answers. If one of your questions is how much your particular workers’ comp settlement is, then we may have that answer for you.

In California and the rest of the United States, below is a look at the average workers’ compensation settlements by injury type and cause of injury according to The National Safety Council.

Average Workers’ Compensation Cost by Body Part

 

 

Injury	Settlement
Head or Central Nervous System	$93,942
Multiple Body Parts	$62,859
Hip, Thigh or Pelvis	$59,758
Leg	$59,748
Neck	$59,391
Arm or Shoulders	$49,116
Lower Back	$37,966
Upper Back	$36,754
Knee	$34,932
Face	$33,081
Ankle	$31,894
Foot or Toes	$27,893
Multiple Trunk or Abdomen	$27,141
Hand, Fingers or Wrist	$25,904
Chest or Organs	$21,339

 

Source: NSC

Average Workers’ Compensation Costs by Cause

Motor Vehicle	$85,311
Burn	$54,173
Slip or Fall	$48,575
Caught	$48,588
Struck by	$39,977
Strain	$35,291
Cumulative Injuries	$32,745
Striking Against	$30,417
Miscellaneous Cause	$25,495
Cut, Punch or Scrape	$24,375

Source: NSC

Average Workers’ Compensation Cost by Nature of Injury

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
Lacerate, Puncture or Rupture	$33,348
Contusion or Concussion	$33,151
Occ. Disease or Cumulative Injury	$16,696

Source: NSC

Even though the research shows averages for all of these injuries, each settlement an attorney sees is different from one another. One of the best ways to get a clearer estimate of your workers’ compensation settlement is to speak with a qualified attorney.

California Workers’ Compensation Death Benefits Chart

Date of Injury	Payment for Burial	1 Dependent ONLY	2 Or More Dependents ONLY	3 or more dependents ONLY	1 dependent plus 1 or more partial dependents	1 or more partial dependents
Injury on or after January 1, 2013	$10,000	$250,000	$290,000	$320,000	one total dependent, that person will receive the full $250,000. Partial dependents will receive four times the amount of annual support up to a total of $290,000	partial dependents will split an amount that’s eight times what they had received in annual support. Not to exceed $250,000

 

California Temporary Disability in 2023

Temporary disability in California refers to a type of workers’ compensation benefit provided to individuals who suffer from work-related injuries or illnesses that temporarily prevent them from working.

During this period, eligible employees may receive financial support to partially compensate for lost wages. The benefit amount is generally two-thirds of the worker’s average weekly wage, up to a maximum set by law.

The duration of temporary disability payments depends on the severity of the injury and the estimated time it takes to recover. Medical professionals evaluate the injury and determine when the worker can return to work or if their condition becomes permanent, leading to a transition to permanent disability benefits.

Starting from January 1, 2023, temporary disability payments in California are set at ⅔ of an employee’s weekly wages if their average pay falls between $364.30 and $2,428.72 per week. For workers whose average pay is below $364.29, the temporary disability payments will be $242.86 per week.

California Permanent Disability in 2023

If you experience 100% disability due to an accident, it is likely that your disability payments will amount to approximately ⅔ of your average weekly income. In the case of less than 100% disability, the weekly payment rate for permanent disability typically falls within the range of $160 to $290.

Frequently Asked Questions

Below are a few questions our attorneys hear often:

How long does a workers comp case take to settle in California?

In California, the majority of workers’ compensation cases are resolved within 30 days by settlement. Ideally, the workers’ compensation insurance company will promptly accept liability. In some cases, you might be required to attend an informal hearing before a judge.

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

In California, every workers’ compensation case concludes with some form of settlement. The majority of cases are resolved through a voluntary agreement between the injured worker and an employer’s insurance company, which is generally rather straightforward. However, there are instances where cases are settled in a court setting.

Does surgery increase workers comp settlement in California?

In most cases, if you go through surgery due to a work injury, your workers’ comp settlement will generally increase.

How Much Do Workers’ Compensation Attorneys Charge in California?

California state law regulates the fees imposed by workers’ compensation lawyers, which are determined as a percentage of the benefits secured for the client.

Typically, clients in California are charged a standard rate of 15% of the total awarded benefits as workers’ comp attorney fees.

However, it is important to acknowledge that this percentage can vary based on the individual circumstances of the case and the agreement reached between the lawyer and the client.

How Can I Maximize My Workers’ Comp Settlement?

To potentially maximize your workers’ compensation settlement, take these steps. Act promptly by reporting your injury immediately. Seek prompt and appropriate medical treatment and follow your doctor’s recommendations. Keep detailed records of all medical visits, expenses, and any impact on your ability to work.

Consult an experienced workers’ compensation attorney who can navigate the legal process on your behalf, assess the value of your claim, and negotiate with the insurance company.

Provide thorough and accurate information, and gather supporting evidence for your case. Remember, seeking personalized legal advice can be crucial for optimizing your settlement.

Get in Touch with a Workers’ Compensation Lawyer

If you have questions about your work injury, we have answers. Give us a call today to get connected with some of the best workers’ compensation attorneys in California. We know these are troubling and confusing times, give us a call so we can help you start your recovery process.