Atticus offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.
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.
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:
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.
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 |
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.
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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Victoria Muñoz
Lead Attorney
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