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Workers compensation

How Long Can You Be on Worker's Comp in Every State?

Written by
A drawing of the lead workers' compensation lawyer for Atticus.
Victoria Muñoz
Lead Attorney
March 31, 2023  ·  2 min read
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As you get workers’ comp to cover your medical bills and lost wages after an illness or injury, the question of how long you can get benefits might come to mind. The answer depends on your state’s policies. To save you the legwork of finding out your state’s limit, we looked through every state’s workers’ comp laws to see how long you can get benefits for your injury.


How long can you be on workers’ comp?

In most states, workers’ comp payments last until you reach maximum medical improvement (MMI). That’s the point where your condition has improved as much as it can with medical care.

Here are two examples of reaching MMI:

  • You don’t need any more medical care because you’ve recovered fully and you’re back to your pre-injury condition. Now you can return to work and life as it was before your injury.
  • Your injury resulted in a permanent condition or disability and additional medical care won’t change that you have a reduced ability to do the types of work you did before. From here, you’ll need to go on a permanent benefits program.

In other states, there’s a set time limit on how long you can get payments to cover your missed work (and your lost pay). For example, California workers can stay on benefits for up to 104 weeks for most injuries, and up to 240 weeks for severe conditions.

Workers’ comp can also end if you voluntarily return to work. If you’re in a situation where your workers’ comp doctor has cleared you to return to work but you don’t feel you’ve recovered enough to return to work yet, a workers’ comp lawyer can help you navigate the situation and get the benefits owed to you.

Also keep in mind that if you reach MMI but still can’t work at the same capacity as before your injury, you may get permanent benefits, which have distinct rules for how long they last.


How long you can get workers’ comp in every state

The table below collects workers’ comp payment lengths across the country. Note that these limits only apply to temporary total disability (TTD) benefits, which cover lost wages as you recover from your injury. If you never fully recover and qualify for long-term permanent benefits, there are different limits.

State

Temporary total disability length

Alabama

Until MMI or you can return to work

Alaska

Until MMI or you can return to work

Arizona

Until MMI

Arkansas

450 weeks

California

104 weeks

Colorado

Until MMI or you can return to work

Connecticut

Until MMI or you can return to work

Delaware

Until MMI or you can return to work

District of Columbia

Until MMI or you can return to work

Florida

104 weeks

Georgia

400 weeks

Hawaii

Until employer decides you can return to work

Idaho

Until MMI or you can return to work

Illinois

Until MMI or you can return to work

Indiana

500 weeks or after receiving a total of $390,000 in benefits

Iowa

Until MMI or you can return to work

Kansas

Until MMI or you can return to work

Kentucky

Until you turn 70 or 4 years pass since your injury, whichever happens last

Louisiana

Until MMI

Maine

Until MMI

Maryland

Until MMI or you can return to work

Massachusetts

156 weeks

Michigan

Until MMI or you can return to work

Minnesota

130 weeks

Mississippi

450 weeks

Missouri

400 weeks

Montana

Until MMI or you can return to work

Nebraska

Until MMI or you can return to work

Nevada

Until MMI or you can return to work

New Hampshire

Until MMI or you can return to work

New Jersey

400 weeks

New Mexico

Until MMI or you can return to work

New York

Until MMI or you can return to work

North Carolina

500 weeks

North Dakota

Until MMI or you can return to work

Ohio

Until MMI or you can return to work

Oklahoma

156 weeks

Oregon

Until MMI, you can return to work, or your employer/their insurer believes you can return to work

Pennsylvania

Until MMI or you can return to work

Rhode Island

Until MMI or you can return to work

South Carolina

500 weeks

South Dakota

Until MMI or you can return to work

Tennessee

Until MMI or you can return to work

Texas

104 weeks after your eighth day of disability

Utah

312 weeks within 12 years from your injury

Vermont

Until MMI or you can return to work

Virginia

500 weeks

Washington

Until MMI or you can return to work

West Virginia

104 weeks

Wisconsin

Until MMI

Wyoming

104 weeks


Time limits for temporary benefits vs. permanent benefits

Temporary workers’ comp benefits run until the limits mentioned in this article. If you don’t fully recover from your condition after getting temporary benefits, you may qualify for permanent benefits.

Permanent benefits fall into two categories: permanent partial disability benefits (PPD) and permanent total disability benefits (PTD). PPD provides support to people who can work again but have a permanent disability from their injury. People who can’t work at all due to their injury can get PTD.

These permanent benefits may also have time limits separate from temporary benefits in your state, potentially extending to the rest of your life you can truly never work again because of your injury.


How to get help with your workers’ comp claim

Workers’ comp rules are complex and can vary significantly from one state to the next. To get help with your claim, look for a lawyer who specializes in workers’ comp law. They’ll know your state’s rules and how to make a strong case so that you get the full benefits you deserve.

Atticus makes it simple to find out if your workers’ comp claim could benefit from a lawyer. Take our free workers’ comp quiz to get started. If it looks like a lawyer is a good option for you, we can also connect you with an experienced lawyer from our network. You don’t have to work with the person we recommend unless you want to and you never have to pay anything until after you start earning workers’ comp benefits.

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A drawing of the lead workers' compensation lawyer for Atticus.

Victoria Muñoz

Lead Attorney

Victoria Muñoz is an attorney on Atticus’s Workers' Compensation team. She’s a licensed attorney, a graduate of Stanford Law School, and has counseled hundreds of people seeking workers' compensation. In her free time, she enjoys hiking and spending time with her pup.
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