Questions · Getting Paid
Getting paid — the questions about the checks.
How much, when, taxed or not, and what to do when a check doesn't come. Straight answers, with the state-by-state caveats where they matter.
No — most states pay about two-thirds of your average weekly wage while you can't work, within state caps (some differ: New Jersey and Oklahoma pay 70%, Massachusetts and New Hampshire 60%, Alaska and Michigan 80% of after-tax pay). The partial softening: comp checks are tax-free, so the real gap from take-home pay is smaller than it first looks. Check the math with our wage-loss calculator.
Generally no — workers' comp wage benefits are exempt from federal and state income tax, and nothing is withheld. One nuance: if you also receive Social Security Disability, an offset can make a portion effectively taxable. Settlements are generally tax-free too, with the same SSDI-coordination caveat worth professional advice in large cases.
First, ask in writing: "My benefit check due [date] has not arrived — please advise status today." Late payments carry automatic penalties in several states (Alaska adds 25%; others add percentages or per-day amounts), and repeated lateness is exactly what state agencies exist to police — a call to your state agency often produces a check faster than anything else.
Generally you cannot be forced to burn PTO in place of comp wage benefits — comp is the primary system for a work injury. Where it gets nuanced: waiting periods (the first few unpaid days) can sometimes be covered by sick time by choice, and employer policies vary on topping up. If your employer says "use your PTO first," get the policy in writing and ask your state agency whether it's lawful.
In many states, yes — wages from all jobs count in your average weekly wage when the injury prevents them (states like New York and Minnesota include concurrent employment; some states don't). If your AWW reflects only the job where you were hurt, ask in writing why the second job's wages aren't included.
Typically from your gross earnings (including overtime, and often bonuses and tips) over a look-back window — commonly the 52 weeks before injury, with adjustments for short tenures and seasonal work. It's the number every check is computed from, and it's the most commonly miscalculated. Ask for the calculation in writing and audit it against real pay stubs — our calculator shows what belongs in it.
Most states reimburse mileage to and from injury-related medical care at a per-mile rate, and some cover parking and tolls. It's small per trip and real over a claim — keep a simple log (date, destination, miles) and submit it. Our mileage calculator includes a printable log.
After your state's waiting period (commonly 3–7 days of disability) and the insurer's acceptance, with the first check typically due within a couple of weeks of going out of work — each state sets specific timing rules. If three weeks pass with nothing and no explanation, that's not normal: ask in writing and call your state agency.
Only within your restrictions and only honestly — light-duty or partial work usually converts total benefits to partial benefits (a percentage of the wage gap), which is the system working as designed. What destroys claims is working while claiming total disability: it's fraud, insurers film it, and it ends far worse than reduced benefits ever would. Report every dollar earned.
Sometimes — genuine overpayments can often be recouped, usually by modest deductions from future checks rather than lump demands, with state rules limiting how. Don't ignore the letter, and don't just agree either: ask for the accounting in writing, and if it's large or disputed, this is a free-consultation moment.
Free case review
Not sure where you stand? Have a lawyer look — free.
A few quick taps connects you with a licensed workers' comp attorney in your state. No cost, no obligation, no pressure.
Get my free case review
Advertising — participating firms pay for introductions. You pay nothing.