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 in total, you are entitled to cash benefits to compensate you for lost or reduced earnings.  You must see your medical provider at least every 90 days for an up-to-date opinion regarding your degree of disability in order to receive cash benefits.

b)   Average Weekly Wage (AWW)

Monetary benefits are calculated using your average weekly wage (AWW) which is based on your wages in the year prior to your injury.  Your AWW is determined using your gross (pre-tax) earnings — including any bonuses or overtime.  If you were working more than one job, let us know since you may be entitled to have your AWW based upon your total earnings at both jobs. 

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) by 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%).  

• 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:
  • IF your 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. 

If these calculations result in an award that is less than the statutory minimum, then you will receive the statutory minimum rate. However, your benefits are never allowed to exceed your AWW.

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. Since this exceeds the statutory maximum you would receive $1,222.42 per week (the statutory max for 7/1/2025).

• 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 is less than the statutory minimum 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 receive $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.  

Any time 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.  

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