Is there an average amount a worker’s comp case pays?

Airport workers on the job walking on the very busy tarmac. The Air Operations Area (“AOA”) can be a dangerous place for workers, as it is loud, vibrating, crowded and sometimes icy or wet, especially with slippery aircraft de-icer.

One of the most-asked questions we get on calls from people who’ve been hurt at work is seemingly simple:

“Is there an average amount a workman’s comp claim pays?” Also,  “How long does it take to reach a final settlement?”

The honest answer is there is no average amount and no typical timeline that applies to every case. Lawyer Landau often explains to new clients,

“There is no ‘average amount’ of Workers Comp payment/settlement. This is because all cases are different, just like all workers are different (in terms of age, pre-existing conditions, ability to heal, etc.) and have their own factors that are considered in settlement. I am also unable to give you an ‘average time’ it takes to reach settlement. The Workers’ Comp process can take months and sometimes years to reach full and final settlement. This is because, again, all cases are different and may have certain factors to consider in order to reach the best settlement for the client.”


Why There Is No “Average” Workers’ Compensation Amount

 

Workers’ compensation benefits are unique to each case because the amount you receive depends on:

  • your average wage before the injury,
  • the type of benefits you are entitled to (temporary total disability, temporary partial disability, permanent partial disability, etc.),
  • the severity of your injury and whether ongoing medical care is needed, etc.

Because these factors vary so widely from person to person, there really isn’t a meaningful “average settlement amount” that applies to everyone. The best guidance is usually a range based on your wage and how long you are unable to work, not a specific dollar figure.

Construction crane injuries can lead to long periods of disability from work, significant medical bills and permanent orthopedic injuries. In the Washington, D.C. Metropolitan area, a worker may be able to bring a Workers Comp claim in Virginia, Maryland AND the District of Columbia! Factors like: WHERE were they hired; WHERE did they work? WHERE were they injured; and WHERE is their employer located all factor in to this decision-making process.
Typical Timeframes? It Depends

 

Just as there’s no average payout amount, there’s no set timeline for reaching a final settlement. Some cases resolve faster; others take much longer, like months or even years before final resolution. The timeline depends on:

  • how quickly your doctor reaches maximum medical improvement,
  • whether you and the insurance company agree on your disability rating and future needs,
  • whether negotiations stall,
  • and whether a hearing becomes necessary.

In short, cases are as different as the injuries themselves.

Workers’ Compensation Rates in Virginia

 

While there isn’t an average payout amount, there are set minimum and maximum weekly compensation rates that apply in Virginia. For injuries on or after July 1, 2025, the weekly limits are:

  • Minimum weekly compensation rate: $365.78
  • Maximum weekly compensation rate: $1,463.10

These are the highest and lowest weekly benefits that can be paid under Virginia law and are updated annually. Read more here: https://workcomp.virginia.gov/documents/rates-min-max-benefits-cola-mileage

Cost-of-Living Adjustments (COLA)

 

Virginia law allows for annual cost-of-living adjustments (COLA) for certain benefits:

  • Total disability benefits (temporary total and permanent total) can receive COLA increases each year, and recent adjustments have averaged around 5% annually over the past several years. Most recently as of October 2025, the COLA rate will be 2.85%.
  • Death claims (for surviving spouses, widowers, and children) also qualify for COLA increases each year.
  • However, partial compensation payments, such as those for partial wage loss or permanent partial disability, do not receive COLA. VWC Commission info page
Because each state has its own Workers Comp laws, there is variability in the length, kinds of injuries covered, amounts payable and potential settlement.
How Virginia Compares to Other States

 

Workers’ compensation maximum benefit rates differ significantly from state to state. For example (based on the most recent published tables where available):

These differences show why interstate comparisons can be helpful if you were hurt in a different area, and why hiring an experienced workers comp lawyer who knows your particular state’s rules matters.

Permanent Total Disability cases in Virginia (and many other states) are allowed to exceed the maximum number of weeks for most workers comp claims. The ABRAMS LANDAU team recently settled Permanent Total Disability cases in BOTH Virginia and Washington, D.C. for injured workers whose cases had gone past the 500 week limit!
Duration of Benefits and Rare Catastrophic Claims

 

Also important to note is that Virginia workers comp claims can last up to 500 weeks, and fatality claims ONLY can go that long. In rare exceptions, where an injured worker has lost two arms, two legs, two eyes, two hands, etc., or sustained horrific brain injury, can the 500 week maximum duration be exceeded in what is known as “Permanent Total Disability.” PTD claims are very rare, but the ABRAMS LANDAU team has handled quite a number of them, and just settled several in DC and Virginia.

Attorney Doug Landau has also lectured on the topic of Permanent Total Disability claims, and is recognized as the “Go-To” Lawyer for Worker’s Compensation because of his work in this very rare catastrophic claim field. Generally, these cases are handled by the “Major Claims Unit” (or “MCU”) of the insurance companies, and a special claims committee, with senior adjusters and managers, manage the files.

If you’ve been injured at work or someone you care for has, it’s natural to want clear answers about compensation amounts and timelines. While there’s no single number or guaranteed schedule, understanding the limits, adjustments, and variables in Workers’ Compensation can help you navigate the process more confidently. Contact us today to get experienced legal help in personal injury and workers’ compensation cases at frontdesk@landaulawshop.com or call/text us at (703) 796-9555.