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Around the States
Temporary Disability / Wage-Loss Benefits
Current reference: September 2026
Workers' compensation waiting periods determine when an injured worker becomes eligible to receive temporary disability or wage-loss benefits after a work-related injury.
The rules differ considerably among states. Most jurisdictions have a waiting period of three to seven days, but the number of days that must pass before the waiting period itself becomes payable varies. Some states also have special provisions involving hospitalization, catastrophic injuries, firefighters, or other circumstances.
Important: The waiting period generally applies to wage-loss or disability benefits, not medical treatment. The precise calculation can also depend upon whether the state counts calendar days, workdays, or partial days.
| State | Waiting Period | When Waiting Period Is Payable / Retroactive | Key Exception or Special Rule | Primary Authority |
|---|---|---|---|---|
| Alabama | 3 days | If disability continues 21 days, first 3 days become payable | Applies to temporary total/partial disability; special rules apply to scheduled injuries | Ala. Code § 25-5-59 |
| Alaska | 3 days | If disability exceeds 28 days, benefits are payable from date of disability | Statutory exception for specified benefits | Alaska Stat. § 23.30.150 |
| Arizona | 7 calendar days | If disability continues 14 days, benefits are payable from commencement | Statutory disability-payment provisions govern calculation | Ariz. Rev. Stat. §§ 23-1062, 23-1045 |
| Arkansas | 7 days, excluding day of injury | If disability extends 2 weeks, payable from first day of disability, excluding injury day | If disability extends beyond waiting period but less than 2 weeks, benefits begin on the ninth day of disability | Ark. Code Ann. § 11-9-501(a) |
| California | 3 days | If disability continues more than 14 days, payable from date of disability | Waiting period also waived when employee is hospitalized as an inpatient for treatment required by injury | Cal. Lab. Code § 4652 |
| Colorado | 3 scheduled days | If disability continues 14 calendar days, first 3 days become payable | Waiting period may be waived when it is presumed disability will exceed two weeks | Colo. Rev. Stat. § 8-42-103 |
| Connecticut | 3 days | If incapacity continues 7 days, compensation begins from date of injury | Injury day is generally paid and not counted as an incapacity day | Conn. Gen. Stat. § 31-295 |
| Delaware | 3 days | If disability continues 7 calendar days, first 3 days become payable | Waiting period can be waived for amputation or hospitalization | 19 Del. C. § 2324; § 2362 |
| Florida | 7 days | If injury causes more than 21 days of disability, payable from commencement | Medical benefits are not subject to the wage-loss waiting period | Fla. Stat. § 440.12(1) |
| Georgia | 7 days | If disability continues 21 days, payable from first day | Applies to disability benefits | O.C.G.A. § 34-9-261 |
| Hawaii | 3 calendar days | No statutory retroactive payment of the waiting days | TTD is payable for duration of disability after first 3 calendar days; different provisions may apply to particular benefits | Haw. Rev. Stat. § 386-31(b) |
| Idaho | 5 days | If disability extends more than 14 days, waiting period becomes payable | Waiting period may be affected by inpatient hospitalization | Idaho Code § 72-408 |
| Illinois | 3 days | If disability continues 14 calendar days, first 3 days become payable | Waiting period applies to temporary disability compensation | 820 ILCS 305/10 |
| Indiana | 7 days | If disability continues 21 days, payable from date disability began | Statutory temporary-disability provisions apply | Ind. Code § 22-3-3-7 |
| Iowa | 3 days | If disability continues 14 days, payable from beginning | Day of injury can be treated according to statutory wage-loss rules | Iowa Code § 85.32 |
| Kansas | 7 days | If disability continues 21 consecutive days, waiting period becomes payable | Statutory provisions govern temporary disability | Kan. Stat. Ann. § 44-510c |
| Kentucky | 7 days | If disability continues 2 weeks (14 days), payable from date disability began | Courts have interpreted statutory two-week language as 14 days | Ky. Rev. Stat. § 342.040 |
| Louisiana | 7 days | If disability continues 2 weeks / 42 days under current statutory framework* | Louisiana's payment provisions contain additional timing requirements | La. Rev. Stat. § 23:1224 |
| Maine | 7 days | If incapacity continues more than 14 days, payable from date of incapacity | Firefighters receive compensation from date of incapacity | Me. Rev. Stat. tit. 39-A, § 204 |
| Maryland | 3 days | If TTD lasts more than 14 days, payable from date of disability | Injury day can count toward waiting period if employee was not paid for that day | Md. Code, Lab. & Empl. § 9-620 |
| Massachusetts | 5 days | If disability continues 21 days, waiting period becomes payable | Applies to compensation for incapacity | Mass. Gen. Laws ch. 152, § 29 |
| Michigan | 7 days | If disability continues 14 days, waiting period becomes payable | Statutory waiting-period provision applies to compensation | Mich. Comp. Laws § 418.311 |
| Minnesota | 3 calendar days | If disability continues 10 calendar days or longer, payable from commencement | Disability begins with first calendar day or fraction when employee cannot work | Minn. Stat. § 176.121 |
| Mississippi | 5 days | If disability continues 14 days, waiting period becomes payable | Statutory temporary-disability provisions apply | Miss. Code Ann. § 71-3-13 |
| Missouri | 3 days | If disability continues 14 days, payable from date disability began | Waiting period governed by temporary-disability provision | Mo. Rev. Stat. § 287.160 |
| Montana | 32 hours | Once statutory 32-hour threshold is satisfied, compensation is payable under statutory rule | Montana expresses waiting period in hours rather than days | Mont. Code Ann. § 39-71-701 |
| Nebraska | 7 days | If disability continues 6 weeks / 42 days, waiting period becomes payable | Statutory temporary-disability provisions govern | Neb. Rev. Stat. § 48-119 |
| Nevada | 5 days | If disability continues 5 days, benefits are payable from date of disability | Nevada uses a relatively short retroactive threshold | Nev. Rev. Stat. § 616C.230 |
| New Hampshire | 3 days | If disability continues 14 days, payable from date of disability | Medical benefits are separate from wage-loss waiting period | N.H. Rev. Stat. § 281-A:28 |
| New Jersey | 7 days | If disability continues 7 days, waiting period becomes payable | Wage-loss benefits begin after statutory waiting period | N.J. Stat. Ann. § 34:15-14 |
| New Mexico | 7 days | If disability continues 4 weeks / 28 days, payable from beginning | Statutory temporary-disability rules apply | N.M. Stat. § 52-1-41 |
| New York | 7 calendar days | If disability exceeds 14 days, payable from date of disability | No waiting period for certain volunteer ambulance workers and volunteer firefighters; approved plans may reduce/eliminate waiting period | N.Y. Workers' Comp. Law § 12 |
| North Carolina | 7 days | If disability continues 21 days, payable from first day | Statutory waiting-period rule applies to disability compensation | N.C. Gen. Stat. § 97-28 |
| North Dakota | 5 days | If disability continues 5 days, payable under statutory rule | North Dakota has a comparatively short retroactive threshold | N.D. Cent. Code § 65-05-12.2 |
| Ohio | 7 days | If disability continues 14 days, payable from date disability began | Waiting period is calculated under temporary-total-disability provisions | Ohio Rev. Code § 4123.55 |
| Oklahoma | 7 days | If disability continues 21 days, payable from first day | Temporary-disability provisions govern | Okla. Stat. tit. 85A, § 45 |
| Oregon | 3 consecutive calendar days | Waiting period payable if worker is completely off work for 14 consecutive days or is admitted as an inpatient within first 14 days | If worker is released to light duty during first 14 days, waiting-period benefits generally are not payable | Or. Rev. Stat. § 656.210; OAR 436-060-0019 |
| Pennsylvania | 7 days | If disability continues 14 days, payable for first 7 days | Benefits generally begin on eighth day | 77 P.S. § 511 |
| Rhode Island | 3 days | If incapacity continues 21 days, waiting period becomes payable | Rhode Island's statute contains special rules concerning disability and payment | R.I. Gen. Laws § 28-33-18 |
| South Carolina | 7 days | If disability continues more than 14 days, payable from date of disability | Statutory temporary-disability provisions govern | S.C. Code Ann. § 42-9-200 |
| South Dakota | 7 consecutive days | If seven-day waiting period is met, benefits are computed from date of injury | No separate longer retroactive period; satisfying the seven days triggers payment from injury date | S.D. Codified Laws § 62-4-2 |
| Tennessee | 7 days | If disability continues more than 14 days, payable from first day | Physician certification is required for wage-replacement benefits | Tenn. Code Ann. § 50-6-205 |
| Texas | 7 days | If disability continues 14 days, waiting period becomes payable | Texas has a unique nonsubscriber/opt-out system; these rules apply within the Texas workers' compensation system | Tex. Lab. Code § 408.081 |
| Utah | 3 days | If disability continues 14 days, payable from date disability began | Temporary-disability provisions govern | Utah Code Ann. § 34A-2-401 |
| Vermont | 3 days | If disability continues 10 days, waiting period becomes payable | Statutory temporary-disability provisions govern | Vt. Stat. tit. 21, § 644 |
| Virginia | 7 calendar days | If incapacity continues more than 21 days, payable for first 7 days | Days need not be consecutive; partial days can count | Va. Code § 65.2-509 |
| Washington | 3 days | For injuries on/after June 6, 2024, first 3 days become payable if worker remains disabled on 7th day | Prior claims used a 14-day threshold; legislation changed the rule effective June 6, 2024 | Wash. Rev. Code § 51.32.090 |
| West Virginia | 3 days | If disability continues 7 days, waiting period becomes payable | Statutory temporary-disability provisions apply | W. Va. Code § 23-4-6 |
| Wisconsin | 3 days | If disability continues 7 days, waiting period becomes payable | Wisconsin's statutory waiting period is three days | Wis. Stat. § 102.43 |
| Wyoming | 3 days | If disability continues 21 days, waiting period becomes payable | Statutory temporary-disability provisions govern | Wyo. Stat. § 27-14-403 |
* Louisiana note: Louisiana's waiting-period and retroactivity provisions require particular care because statutory language concerning the duration of disability and payment of the waiting period interacts with the state's broader temporary-total-disability provisions. The publication version should link directly to the current Louisiana statute and agency guidance rather than reducing the rule to a single number.
Quick Comparison
Three-Day States
Alabama, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Minnesota, Missouri, Oregon, Rhode Island, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming.
Five-Day States
Alaska? No—Alaska is three days.
Five-day jurisdictions include:
- Idaho
- Massachusetts
- Mississippi
- Nevada
- North Dakota
Montana is unusual because its waiting period is expressed in hours (32 hours) rather than days.
Seven-Day States
A large group uses a seven-day waiting period, including:
Arizona, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas and Virginia.
States With Particularly Important Retroactive Rules
Florida — 7 / 21
Florida does not pay compensation for the first seven days of disability, but if the injury produces more than 21 days of disability, compensation is allowed from the beginning of the disability. Fla. Stat. § 440.12(1).
California — 3 / 14
California generally does not pay temporary-disability indemnity for the first three days, but the waiting period becomes payable when temporary disability continues for more than 14 days. Inpatient hospitalization is an important exception. Cal. Lab. Code § 4652.
Virginia — 7 / 21
Virginia does not pay wage-loss compensation for the first seven calendar days. If the incapacity continues for more than 21 days, compensation becomes payable for the first seven days. Virginia also has specific rules concerning how days and partial days are counted.
Washington — 3 / 7
Washington is an important recent-change jurisdiction. For claims with injury dates on or after June 6, 2024, the first three days are payable if the worker remains unable to work on the seventh day. Before that legislative change, the threshold was the 14th day.
Oregon — 3 / 14
Oregon counts three consecutive calendar days beginning with the first day the worker leaves work or loses wages. The waiting period becomes payable when the attending physician takes the worker completely off work for 14 consecutive days, or when the worker is hospitalized as an inpatient during the first 14 days.
South Dakota — 7 / 7
South Dakota is unusual in that the worker must be incapacitated for seven consecutive days, but once that threshold is satisfied, benefits are calculated from the date of injury.
Arkansas — 7 / 14
Arkansas deserves special attention because its statutory language is more nuanced than simply saying "seven-day waiting period." The first seven days of disability, excluding the day of injury, are not payable. If disability extends beyond that period, compensation begins on the ninth day of disability. If disability extends for two weeks, compensation is payable beginning with the first day of disability, excluding the day of injury. Ark. Code Ann. § 11-9-501(a).
Hawaii — 3 / No General Retroactivity
Hawaii is another state that should not be described as "3 days / retroactive after 5 days." The current statutory provision states that temporary-total-disability compensation excludes the first three calendar days. Unlike many jurisdictions, the statute does not establish the same type of longer-duration retroactive payment rule.
Important Notes
1. "Waiting period" does not mean "no workers' compensation."
The waiting period generally concerns cash disability/wage-loss benefits. Medical benefits can be available during the waiting period. The precise treatment of medical benefits should therefore not be inferred from the waiting-period number.
2. Calendar days versus workdays matters.
States differ in whether they count:
- Calendar days
- Workdays
- Scheduled workdays
- Partial days
- Days beginning on the date of injury
Alabama, for example, has administrative guidance concerning whether the day of injury counts depending on when during the workday the injury occurs.
Virginia likewise expressly addresses partial days and nonconsecutive days in its administrative rules.
3. The date of injury matters.
A state can change its waiting-period rules legislatively. Washington provides a good example: the retroactive threshold changed from 14 days to 7 days for claims with injury dates on or after June 6, 2024.
4. Hospitalization can change the result.
Several jurisdictions provide exceptions when an injured worker is hospitalized. California, Delaware, Idaho and Oregon are examples reflected in current statutory or agency materials.
5. This chart should not be used to calculate a particular claim without checking the underlying authority.
The WCRI/IAIABC survey specifically cautions that seemingly identical waiting periods can operate differently because of differences in the first day of disability, intermittent disability, wage calculations, statutory exceptions, offsets and other jurisdiction-specific rules.
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