The 10 States With the Highest Workers' Comp Settlements in 2026

Workers' compensation benefits are set by state law, and the differences between states can be staggering. A worker earning $1,200 per week with a 15% permanent impairment rating could receive anywhere from $18,000 to over $85,000 depending solely on the state where the injury occurred.

1. California

California consistently produces the highest workers' comp settlements in the nation, driven by high wages, a complex permanent disability rating system, and aggressive plaintiff-side legal representation. The state's 2026 maximum TTD rate is $1,619.15 per week, and permanent disability awards use a detailed schedule that rewards higher impairment ratings generously.

2. New York

New York's 2026 maximum weekly benefit exceeds $1,145, and the state uses a scheduled loss of use system for extremity injuries that can produce significant awards for hand, arm, and leg injuries. New York City cases tend to settle higher than upstate cases due to prevailing wages.

3. Illinois

Illinois uses a wage-differential system for permanent partial disability that can be very favorable to injured workers who cannot return to their prior occupation. The state's 2026 maximum TTD rate is approximately $1,897 per week.

4. Washington State

Washington's state-run workers' compensation system (L&I) provides some of the highest maximum weekly benefits in the country, with 2026 rates exceeding $2,300 per week for workers with dependents. Washington also provides pension benefits for totally and permanently disabled workers.

5. New Jersey

New Jersey's 2026 maximum weekly benefit is approximately $1,131, and the state has a well-developed system for permanent partial disability claims that rewards thorough medical documentation.