Workers comp and overtime can work together. In most states, the overtime you earned before your injury counts toward your weekly comp check. It does not stop the check. Workers’ comp does not pay you overtime on top of your benefits. Instead, your past overtime raises your “average weekly wage.” That wage is the number the insurer uses to set your benefit. If you were working long hours before you got hurt, those extra hours should help you now.
Workers Comp And Overtime: The Rule
Most states pay temporary total disability at about two-thirds of your average weekly wage (AWW). Typically, the AWW is based on your gross pay over a set period before the injury. That pay usually includes overtime, bonuses, and sometimes the value of meals or housing. For example, say you earned $1,000 in base pay and $300 in overtime each week. Your AWW should be $1,300, not $1,000. At two-thirds, that works out to $866.67 a week, compared with $666.67.
The lookback period depends on your state. Florida generally uses the 13 weeks before the injury. New York and California often look at a full year of earnings, or at what you could reasonably have earned. Texas uses the 13 weeks before the injury when it can. As a result, a busy overtime season right before the injury can help some workers. In other cases, a slow quarter can hurt.
The table below compares workers comp and overtime rules across several key systems. These caps are set by each agency and change on a schedule. Confirm the current figure with your state board before relying on it.
| System | Overtime in average weekly wage? | Typical lookback | Max weekly TTD benefit |
|---|---|---|---|
| California (DWC) | Yes | Earnings at time of injury, often 52 weeks | $1,764.11 (injuries in 2026) |
| Florida (DWC) | Yes | 13 weeks before injury | $1,358.00 (injuries in 2026) |
| Texas (TDI-DWC) | Yes | 13 weeks before injury | $1,271.05 (injuries 10/1/2025–9/30/2026) |
| New York (WCB) | Yes | 52 weeks before injury | $1,222.42 (injuries 7/1/2025–6/30/2026) |
| Longshore Act (DOL) | Yes | 52 weeks before injury | Set each October 1 by DOL |
| Federal employees, FECA (DOL) | Generally no, by statute | Pay rate at time of injury | Based on federal pay schedule |
For newer injury dates, check the official pages from California DWC, Texas TDI-DWC, and the U.S. Department of Labor OWCP.
When the Answer Changes
The first change comes when you go back to work. If you return on light duty and pick up overtime, those earnings count against you. In most cases, temporary partial disability pays about two-thirds of the gap between your old AWW and what you earn now. More overtime means a smaller gap, so you get a smaller partial check. Report every paycheck. Workers comp and overtime earnings that go unreported can lead to an overpayment claim or a fraud accusation.
The second change is the cap. Overtime can push your AWW high. However, your check can’t go over the state maximum. For example, a California worker with a $3,000 AWW would figure $2,000 a week at two-thirds. The 2026 cap is $1,764.11, so that is the most the worker would receive. For high earners, workers comp and overtime math stops at the cap.
The third change involves federal workers. Under the Federal Employees’ Compensation Act, regular overtime pay is generally left out of the pay rate. Some premium pay may still count. Longshore and harbor workers are different. Their overtime is typically included. If you work for the federal government, check your pay rate figures with the DOL Office of Workers’ Compensation Programs.
Proof matters in every state. Insurers sometimes start with a base wage that leaves out overtime. You may need pay stubs, W-2s, or timecards to show the extra hours. If your overtime was irregular, your state may average it or compare you with a similar worker. Many claimants recover hundreds of dollars a month just by correcting the AWW.
What to Do Next
First, ask the insurer in writing how they figured your average weekly wage. Ask which weeks they used and whether overtime was included. Then compare their number with your own pay stubs. If something is missing, send copies and ask for a corrected rate. Most states let you dispute the rate through the state board. Some states also allow back pay for checks that were too low.
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Second, keep careful records if you return to work. Write down your hours, overtime, and gross pay for each week. Any workers comp and overtime settlement figure you hear is illustrative only. Every case is different, and your wage proof drives the value. Confirm the exact figure and any deadline with your state workers’ comp board and a licensed attorney before you act.
Frequently Asked Questions
Does workers comp and overtime pay go together in my weekly check?
Not as two separate payments. Your past overtime is folded into your average weekly wage, and that raises your weekly benefit. You don’t receive overtime pay on top of your comp check for weeks you couldn’t work.
What if I lost overtime because of my injury but still work my regular hours?
In many states, you may be entitled to temporary partial disability benefits. This applies if the injury limits your hours and your earnings drop below your pre-injury AWW. Lost overtime can count as lost earnings. Ask your state board how your state handles it.
Can the insurer leave out overtime because it wasn’t guaranteed?
In most cases, no. Overtime you actually earned during the lookback period typically counts, even if it was voluntary. However, rules for seasonal or irregular overtime vary. So confirm with your state board and a licensed attorney.
Workers comp and overtime: Quick Recap
If you remember one thing about workers comp and overtime, make it this: the rule is set by the state (or the federal program), not by the insurer, and the official source is linked above. Every figure on this page about workers comp and overtime should be confirmed with the agency before you act on it.
Questions about workers comp and overtime that this page does not answer are usually answered for free by the state workers’ comp agency’s information line — and, for a disputed claim, by a licensed attorney in a first consultation.
See your state’s exact numbers
What you are owed depends on your state’s benefit caps and deadlines. Start with your state’s settlement and claim guides for the exact figures.
Sources & How to Verify
The figures on this page come from official government and industry sources. Workers’ comp benefit caps, deadlines, and rules change, so always confirm the exact figure with your state’s workers’ comp board or a licensed attorney before acting. Settlement estimates are illustrative, and every case is different.
- Your state workers’ comp board, division, or commission: the official source for your state’s exact caps, deadlines, and forms — search “[your state] workers compensation board”
- U.S. Department of Labor (OWCP): dol.gov — federal workers’ compensation overview
- NCCI: ncci.com — workers’ comp rating and benefit data
- Social Security Administration: ssa.gov — benefit-cap and SSDI offset data
- Insurance Information Institute: iii.org — neutral workers’ comp background
Content last reviewed October 2026. If you notice an outdated figure, please contact us.
Related Guides
- Workers Comp Settlements by State (All 50)
- Workers Comp Claims by State (All 50)
- More in This Category
- Settlements by Injury
- Benefits Explained
- Workers Comp Glossary
Informational only — not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical or financial advisor, and this page does not provide legal, medical, or financial advice. Workers’ compensation benefits, deadlines, and rules vary by state and change over time, and settlement estimates are illustrative only. Always confirm the exact figure and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.