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MyClaimWorth
United States · workplace

Workplace claim values
in United States.

By 9 min read

Workers’-compensation and employer-liability claims. Bands on this page are sourced to state-by-state tort law · jury verdict reporters · statutory caps and reflect the typical settlement values for workplacecases across the relevant severity tiers. The position within a band depends on facts the page can't see — severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under United States's comparative-fault rule.

statute of limitations
Varies by state — most commonly 2 or 3 years

State codes

Range: Florida and Texas at 2 years (Tex. Civ. Prac. & Rem. Code § 16.003); New York at 3 years (CPLR § 214); Maine at 6 years (14 M.R.S. § 752, the longest in the US). Statutes of repose layer on top in product-liability and construction-defect cases. Federal Tort Claims Act has its own two-year administrative limitation.

fault allocation
Varies by state

Pure contributory negligence (1% bars recovery) in Alabama, Maryland, North Carolina, Virginia, and DC. Pure comparative in 13 states including California, Florida, New York, and Washington. Modified comparative with a 50% bar in 10 states. Modified comparative with a 51% bar in 23 states.

caps that bear on this injury

What caps recovery.

Statutory caps and ceilings that apply to workplace damages in United States.

US · procedural pathway

From injury to settlement.

The steps a workplace claim moves through under United States law, from medical stability to settlement.

  1. 1
    Reach medical stability and assemble documentation

    Medical records, imaging, expert reports, payslips for lost wages, and receipts for out-of-pocket costs. Documentation gaps drive under-valued settlements.

  2. 2
    Identify the controlling state law

    For an interstate accident, the conflict-of-laws analysis matters. Most states apply lex loci delicti, but a few apply most-significant-relationship analysis under Restatement (Second).

  3. 3
    Compute special damages

    Past and future medical expenses, lost wages, loss of earning capacity, property damage, and reasonable out-of-pocket costs. Future expenses require expert testimony.

  4. 4
    Anchor non-economic damages

    Compare to verdict reporter aggregates in the state. The multiplier method (1.5×–5× medical specials) is a starting point used by adjusters; courts do not impose it.

  5. 5
    Apply the comparative-fault rule

    Pure comparative reduces by the claimant's percentage; modified-50/51 cuts off above the threshold; contributory bars at 1%.

  6. 6
    Apply statutory caps

    Medical-malpractice caps in CA, TX, OH and others bite on non-economic damages; punitive-damages caps and the State Farm constitutional ceiling apply on punitives.

  7. 7
    Demand letter, mediation, then suit

    Most states allow direct demand against the insurer. Many states require pre-suit mediation in medical-malpractice cases. Suit is the last resort and is rare — over 95% of cases settle.

workplace bands · all 15 jurisdictions

Compare to other countries.

How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.

JurisdictionBandAuthority
United States· you are herestate-by-state tort law · jury verdict reporters · statutory caps
United KingdomJudicial College Guidelines (16th ed.)
IrelandPersonal Injuries Guidelines (Judicial Council)
CanadaAndrews v Grand & Toy non-pecuniary cap
Australiastate-by-state CTP and Civil Liability Acts
SpainBaremo (Law 35/2015) — mandatory points-based scale
ItalyTabelle Milanesi (Tribunale di Milano)
GermanySchmerzensgeldtabelle (Pain & Suffering Tables)
FranceRéférentiel Mornet · Barème Dalloz
New ZealandAccident Compensation Act 2001 · ACC entitlement schedules
SingaporeCivil Law Act · State Courts and High Court precedent
Hong KongPersonal Injuries List quanta tables · Court of Appeal precedent
Japan赤い本 (Akai-bon) · 青本 (Aoi-bon) court-published quantum tables
South KoreaCivil Act · Supreme Court of Korea precedent · Hoffman/Leibniz formulae
TaiwanCivil Code · Supreme Court precedent · Compulsory Auto Liability Insurance Act
US · workplace · frequently asked

Common questions.

Each answer is independently coherent and sourced to the authority documents on this page.

editorial note

Numbers on this page are starting points sourced to state-by-state tort law · jury verdict reporters · statutory caps. They are not quotes for any specific case. For representation, consult a solicitor or attorney qualified in United States. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.