a) How long do I have to be out of work before I am entitled to cash benefits?
If you are out of work due to your injury for more than one week, you are entitled to cash benefits to compensate you for lost or reduced earnings. If you are out of work for less than a week, you are not eligible for out-of-work benefits. You will still be eligible for medical benefits and scheduled loss of use awards, if applicable.
You must see your medical provider at least every 90 days for an up to date opinion regarding your degree of disability to relieve cash benefits.
b) Average Weekly Wage (AWW)
Monetary benefits are based on your average weekly wage (AWW) based on your earnings in the year prior to your injury. Your AWW is determined using your gross (pret-tax) earnings — including any bonuses or overtime. If you were working more than one job at the time of your injury, you may be entitled to have your AWW based upon your total earnings at both jobs. Please let us know if you were working more than one job when you were injured.
c) Out-of-Work (OOW) Benefits
When you are out of work due to a work injury, your weekly cash benefits are determined by multiplying 2/3 of your average weekly wage (AWW) times your degree of disability. The formula for determining your weekly benefits is:
2/3 × AWW × degree of disability
Your degree of disability is determined by your doctors and is usually set forth in terms of total (100%), marked (75%), moderate (50%), or mild (25%).
Below
- Example: If your AWW is $960 per week and you have a 50% disability, your benefits would be calculated as follows:
- 2/3 × $960 × 50% = $320/week.
- Example:
- AWW is $900 per week and you have a marked (75%) disability, your benefits would be calculated as follows:
- 2/3 × $900 × 75% = $450/week,
You cannot receive more per week than the maximum allowed by law as set forth in the table below.
| Injured on or after | Statutory Maximum | Injured on or after | Statutory Minimum |
| Prior to 7/1/23 | click here | January 1, 2013 to 2023 | $150.00 |
| July 1, 2023 | $1,145.43 | January 1, 2024 | $270.00 |
| July 1, 2024 | $1,171.46 | January 1, 2025 | $325.00 |
| July 1, 2025 | $1,222.42 | January 1, 2016 | |
| July 1, 2026 |
- Example: If you were injured on July 5, 2025 and your AWW is $2100 per week and you have a 100% disability, your benefits would be calculated as follows:
- 2/3 × $2100 × 100% = $1400/week. However, since this exceeds the statutory maximum you would receive $1,222.42 per week (the statutory max for 7/1/2025).
If your benefit calculations result in an award that its less the statutory minimum, the you will receive the statutory minimum rate. However, your benefits are not allowed to exceed your AWW.
- Example: If you were injured in 2025 with a $900 AWW and your doctors say you are 50% disabled.
- 2/3 × $900 × 50% = $300/week. However, since this less than the statutory maximum you would receive $325 per week.
- Example: If you were injured in 2025 with a $275 AWW and your doctors say you are 75% disabled, you would received $275 per week since you are not allowed to receive more than your AWW despite the statutory minimum.
Out of work benefits are only paid for days when you miss a complete day from work. They are not paid when you miss work for medical appointments or when you attend a Workers’ Compensation hearing.
Anytime you go out of work, you must see a doctor or nurse practitioner to get a note taking you out of work, stating your degree of disability, and saying you are out of work due to your work injury.