50-State Workers’ Compensation Waiting Periods

                               
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.

StateWaiting PeriodWhen Waiting Period Is Payable / RetroactiveKey Exception or Special RulePrimary Authority
Alabama3 daysIf disability continues 21 days, first 3 days become payableApplies to temporary total/partial disability; special rules apply to scheduled injuriesAla. Code § 25-5-59
Alaska3 daysIf disability exceeds 28 days, benefits are payable from date of disabilityStatutory exception for specified benefitsAlaska Stat. § 23.30.150
Arizona7 calendar daysIf disability continues 14 days, benefits are payable from commencementStatutory disability-payment provisions govern calculationAriz. Rev. Stat. §§ 23-1062, 23-1045
Arkansas7 days, excluding day of injuryIf disability extends 2 weeks, payable from first day of disability, excluding injury dayIf disability extends beyond waiting period but less than 2 weeks, benefits begin on the ninth day of disabilityArk. Code Ann. § 11-9-501(a)
California3 daysIf disability continues more than 14 days, payable from date of disabilityWaiting period also waived when employee is hospitalized as an inpatient for treatment required by injuryCal. Lab. Code § 4652
Colorado3 scheduled daysIf disability continues 14 calendar days, first 3 days become payableWaiting period may be waived when it is presumed disability will exceed two weeksColo. Rev. Stat. § 8-42-103
Connecticut3 daysIf incapacity continues 7 days, compensation begins from date of injuryInjury day is generally paid and not counted as an incapacity dayConn. Gen. Stat. § 31-295
Delaware3 daysIf disability continues 7 calendar days, first 3 days become payableWaiting period can be waived for amputation or hospitalization19 Del. C. § 2324; § 2362
Florida7 daysIf injury causes more than 21 days of disability, payable from commencementMedical benefits are not subject to the wage-loss waiting periodFla. Stat. § 440.12(1)
Georgia7 daysIf disability continues 21 days, payable from first dayApplies to disability benefitsO.C.G.A. § 34-9-261
Hawaii3 calendar daysNo statutory retroactive payment of the waiting daysTTD is payable for duration of disability after first 3 calendar days; different provisions may apply to particular benefitsHaw. Rev. Stat. § 386-31(b)
Idaho5 daysIf disability extends more than 14 days, waiting period becomes payableWaiting period may be affected by inpatient hospitalizationIdaho Code § 72-408
Illinois3 daysIf disability continues 14 calendar days, first 3 days become payableWaiting period applies to temporary disability compensation820 ILCS 305/10
Indiana7 daysIf disability continues 21 days, payable from date disability beganStatutory temporary-disability provisions applyInd. Code § 22-3-3-7
Iowa3 daysIf disability continues 14 days, payable from beginningDay of injury can be treated according to statutory wage-loss rulesIowa Code § 85.32
Kansas7 daysIf disability continues 21 consecutive days, waiting period becomes payableStatutory provisions govern temporary disabilityKan. Stat. Ann. § 44-510c
Kentucky7 daysIf disability continues 2 weeks (14 days), payable from date disability beganCourts have interpreted statutory two-week language as 14 daysKy. Rev. Stat. § 342.040
Louisiana7 daysIf disability continues 2 weeks / 42 days under current statutory framework*Louisiana's payment provisions contain additional timing requirementsLa. Rev. Stat. § 23:1224
Maine7 daysIf incapacity continues more than 14 days, payable from date of incapacityFirefighters receive compensation from date of incapacityMe. Rev. Stat. tit. 39-A, § 204
Maryland3 daysIf TTD lasts more than 14 days, payable from date of disabilityInjury day can count toward waiting period if employee was not paid for that dayMd. Code, Lab. & Empl. § 9-620
Massachusetts5 daysIf disability continues 21 days, waiting period becomes payableApplies to compensation for incapacityMass. Gen. Laws ch. 152, § 29
Michigan7 daysIf disability continues 14 days, waiting period becomes payableStatutory waiting-period provision applies to compensationMich. Comp. Laws § 418.311
Minnesota3 calendar daysIf disability continues 10 calendar days or longer, payable from commencementDisability begins with first calendar day or fraction when employee cannot workMinn. Stat. § 176.121
Mississippi5 daysIf disability continues 14 days, waiting period becomes payableStatutory temporary-disability provisions applyMiss. Code Ann. § 71-3-13
Missouri3 daysIf disability continues 14 days, payable from date disability beganWaiting period governed by temporary-disability provisionMo. Rev. Stat. § 287.160
Montana32 hoursOnce statutory 32-hour threshold is satisfied, compensation is payable under statutory ruleMontana expresses waiting period in hours rather than daysMont. Code Ann. § 39-71-701
Nebraska7 daysIf disability continues 6 weeks / 42 days, waiting period becomes payableStatutory temporary-disability provisions governNeb. Rev. Stat. § 48-119
Nevada5 daysIf disability continues 5 days, benefits are payable from date of disabilityNevada uses a relatively short retroactive thresholdNev. Rev. Stat. § 616C.230
New Hampshire3 daysIf disability continues 14 days, payable from date of disabilityMedical benefits are separate from wage-loss waiting periodN.H. Rev. Stat. § 281-A:28
New Jersey7 daysIf disability continues 7 days, waiting period becomes payableWage-loss benefits begin after statutory waiting periodN.J. Stat. Ann. § 34:15-14
New Mexico7 daysIf disability continues 4 weeks / 28 days, payable from beginningStatutory temporary-disability rules applyN.M. Stat. § 52-1-41
New York7 calendar daysIf disability exceeds 14 days, payable from date of disabilityNo waiting period for certain volunteer ambulance workers and volunteer firefighters; approved plans may reduce/eliminate waiting periodN.Y. Workers' Comp. Law § 12
North Carolina7 daysIf disability continues 21 days, payable from first dayStatutory waiting-period rule applies to disability compensationN.C. Gen. Stat. § 97-28
North Dakota5 daysIf disability continues 5 days, payable under statutory ruleNorth Dakota has a comparatively short retroactive thresholdN.D. Cent. Code § 65-05-12.2
Ohio7 daysIf disability continues 14 days, payable from date disability beganWaiting period is calculated under temporary-total-disability provisionsOhio Rev. Code § 4123.55
Oklahoma7 daysIf disability continues 21 days, payable from first dayTemporary-disability provisions governOkla. Stat. tit. 85A, § 45
Oregon3 consecutive calendar daysWaiting period payable if worker is completely off work for 14 consecutive days or is admitted as an inpatient within first 14 daysIf worker is released to light duty during first 14 days, waiting-period benefits generally are not payableOr. Rev. Stat. § 656.210; OAR 436-060-0019
Pennsylvania7 daysIf disability continues 14 days, payable for first 7 daysBenefits generally begin on eighth day77 P.S. § 511
Rhode Island3 daysIf incapacity continues 21 days, waiting period becomes payableRhode Island's statute contains special rules concerning disability and paymentR.I. Gen. Laws § 28-33-18
South Carolina7 daysIf disability continues more than 14 days, payable from date of disabilityStatutory temporary-disability provisions governS.C. Code Ann. § 42-9-200
South Dakota7 consecutive daysIf seven-day waiting period is met, benefits are computed from date of injuryNo separate longer retroactive period; satisfying the seven days triggers payment from injury dateS.D. Codified Laws § 62-4-2
Tennessee7 daysIf disability continues more than 14 days, payable from first dayPhysician certification is required for wage-replacement benefitsTenn. Code Ann. § 50-6-205
Texas7 daysIf disability continues 14 days, waiting period becomes payableTexas has a unique nonsubscriber/opt-out system; these rules apply within the Texas workers' compensation systemTex. Lab. Code § 408.081
Utah3 daysIf disability continues 14 days, payable from date disability beganTemporary-disability provisions governUtah Code Ann. § 34A-2-401
Vermont3 daysIf disability continues 10 days, waiting period becomes payableStatutory temporary-disability provisions governVt. Stat. tit. 21, § 644
Virginia7 calendar daysIf incapacity continues more than 21 days, payable for first 7 daysDays need not be consecutive; partial days can countVa. Code § 65.2-509
Washington3 daysFor injuries on/after June 6, 2024, first 3 days become payable if worker remains disabled on 7th dayPrior claims used a 14-day threshold; legislation changed the rule effective June 6, 2024Wash. Rev. Code § 51.32.090
West Virginia3 daysIf disability continues 7 days, waiting period becomes payableStatutory temporary-disability provisions applyW. Va. Code § 23-4-6
Wisconsin3 daysIf disability continues 7 days, waiting period becomes payableWisconsin's statutory waiting period is three daysWis. Stat. § 102.43
Wyoming3 daysIf disability continues 21 days, waiting period becomes payableStatutory temporary-disability provisions governWyo. 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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