In each state, U.S. territory, and the District of Columbia (D.C.), there is a maximum amount of weekly workers’ compensation that can be received if an injury occurs on or after a specific date. These amounts are adjusted annually and represent the highest rate that a worker is eligible to receive.
The maximum weekly workers’ compensation rates can be used in the following situations:
- When the actual workers’ compensation rate is unknown and the claimant has not provided any evidence
- To prorate a lump sum award when a periodic rate is not specified in the award and no periodic workers’ compensation payments were made prior to the lump sum
- According to the Workers’ Compensation Act, injured workers are entitled to receive worker compensation, which are also known as indemnity or wage-loss benefits. These benefits are calculated as a percentage (such as two-thirds) of the worker’s weekly wage and are intended to compensate for lost wages due to a work-related injury.
|State||2023 Maximum Workers Compensation Weekly Benefit (rounded)||Annual Adjustment Date|
|District of Columbia|
|Illinois||$1,345||Jan 15th & July 15th|
|New Jersey||$1099||Jan 1st|
|New York||$1,125||July 1st|
|South Carolina||$1,036||Jan 1st|
Note that the benefit rate that an injured worker receives is based on the date of their injury and will not be increased if new maximum benefits are established by law.
It is possible for the maximum workers’ compensation rates to be exceeded. For example, if a claimant is awarded lump sum amounts for multiple injuries, each settlement is prorated separately.
If the amounts for concurrent periods are added together and the total amount of workers’ compensation for offset purposes exceeds the state maximum, it will be considered an exception.
The statewide average weekly wage (SAWW) is adjusted on a regular basis, varies by state per table above, and is most often used to set the maximum and minimum weekly benefit levels for workers’ compensation or temporary total disability (TTD) rate.