A workers comp attorney fights for your weekly check, which is two-thirds of your pay in most states. You pay nothing up front, and state law caps the fee. The review is free, so call first and get straight answers.
What workers comp pays each week
Workers comp pays your medical care and part of the wages you lose while you heal. In Pennsylvania, the weekly check is 66 2/3% of your average weekly wage.
Every state also sets a top limit on that check. Pennsylvania's cap for 2026 is $1,394 a week. Georgia's is $800 for injuries since July 1, 2023.
Some states pay a bigger or smaller share. New Jersey and Texas pay 70%, and Massachusetts pays 60%.
The table that follows lists the weekly cap in each state. Call, and we will hold your check up against your state's limit.
| State | Weekly check | Limit |
|---|---|---|
| Arizona | 66 2/3% of your average monthly wage | Highest monthly wage counted, 2026: $6,131.00 |
| California | two-thirds of your gross wages | Weekly cap, 2026: $1,764.11 |
| Florida | 66 2/3% of your wages | Weekly cap, 2026: $1,358 |
| Georgia | two-thirds of your average weekly wage | Weekly cap, injuries on or after July 1, 2023: $800 |
| Illinois | Rate on the Illinois page | Weekly cap, July 15, 2026 to Jan 14, 2027: $2,045.63 |
| Massachusetts | 60% of your gross average weekly wage | Weekly cap from Oct 1, 2025: $1,922.48 |
| Michigan | 80% of your after-tax average weekly wage | Weekly cap, 2026: $1,201 |
| New Jersey | 70% of your average weekly wage | Weekly cap, 2026: $1,199 |
| New York | 2/3 of your average weekly wage, times your degree of disability | Weekly cap, July 1, 2026 to June 30, 2027: $1,281.50 |
| North Carolina | 66 2/3% of your average weekly wage | Weekly cap, 2026: $1,446 |
| Ohio | 66 2/3% of your average weekly wage | Weekly cap basis, 2026 (state average weekly wage): $1,281 |
| Pennsylvania | 66 2/3% of your average weekly wage | Weekly cap, 2026: $1,394 |
| Texas | 70% of your average weekly wage | Weekly cap, injuries Oct 1, 2026 to Sept 30, 2027: $1,314 |
| Virginia | 66 2/3% of your average weekly wage | Weekly cap from July 1, 2026: $1,507.01 |
| Washington | 60% to 75% of your wage, by number of dependents | Monthly cap: 120% of the state average monthly wage |
Two clocks that can end your claim
Your state sets two deadlines, and both start the day you get hurt. The first is telling your employer. The second is filing the claim itself.
Texas gives you 30 days to tell your employer, and so do California, Florida and Georgia. Illinois gives 45 days, and Michigan gives 90. Nevada wants written notice within 7 days.
In Pennsylvania, report within 21 days for full back pay, because after 120 days you get nothing.
Filing deadlines vary just as much. Texas, Georgia, Ohio and Arizona give one year, and Florida, New York and Virginia give two. Massachusetts gives 4 years, but Nevada gives only 90 days.
Miss either date and you can lose the claim for good. Call first, and the attorney will pin down both dates for Pick your state.
When the insurer says no
Your state lets you appeal a denial, but only for a short time. Miss that window and the denial can stand.
Ohio gives you 14 days to appeal a BWC order. Texas gives 15 days after a hearing decision, and Pennsylvania gives 20 days after a judge rules.
Call us before the window closes, and an attorney can start the appeal of your denied claim. If your checks were cut off instead, stopped payments can be fought too.
What a workers comp attorney costs you
You pay nothing up front. The attorney is paid only out of money they win for you, so there is no fee unless you win.
State law also caps that fee. Texas caps it at 25% of what you recover, and Georgia caps it at 25% too. Illinois and Pennsylvania cap it at 20%, and Washington caps a settlement fee at 15%.
In California, New York and Virginia, a judge or the state approves or sets the fee. Call for a free review, and the attorney will explain the fee rules in your state before you sign.
When someone else caused your injury
Workers comp is usually your only claim against your own employer. If a driver, a contractor or a machine maker caused the harm, you may have a second claim against them.
That second claim can pay for pain and your full lost wages. Workers comp pays neither of those.
When you call, the attorney reviewing your comp case also looks for a claim against an outside party.
Questions injured workers ask
Is a workers comp attorney free?
The case review is free, and you pay nothing up front. If the attorney wins money for you, the fee comes out of it, and your state caps that fee.
What does a workers comp lawyer do?
They file the papers on time, gather your medical records and deal with the insurer for you. They also fight a denial and push back on a low settlement offer.
How much does workers comp pay a week?
In Pennsylvania, Georgia and Virginia, the check is 66 2/3% of your average weekly wage, up to a state cap. New Jersey and Texas pay 70%, and Massachusetts pays 60%.
How long do I have to report a work injury?
Call us first for a free review. Texas, California, Florida and Georgia give you 30 days to tell your employer, Illinois gives 45 and Michigan gives 90. Tell your employer in writing and keep a copy.
What should I not tell a workers comp attorney?
Tell them everything, even the bad facts, like an old injury to the same body part. What you tell your attorney stays private. What you tell the adjuster does not.
Can I still get workers compensation if my claim was denied?
A denial can be appealed, but the window is short. Ohio gives 14 days, and Texas gives 15 days after a hearing decision. Call now so an attorney can move in time.
Benefit figures updated August 21, 2026
