Workers' compensation waiting periods and retroactive thresholds by US state
For each US state and DC, the number of days an injured worker must wait before wage-replacement benefits begin, and the number of disability days after which the waiting period is paid retroactively — sourced from each state's workers' compensation statute or agency. Answers 'how long is the workers comp waiting period in [state]', 'when does workers comp start paying in [state]', 'does workers comp pay retroactively in [state]', and 'workers compensation waiting period by state 2026'. Waiting periods range from 3 days (most states) to 7 days (Florida, New York, Texas, others). Retroactive triggers range from 7 days (Wisconsin) to 28 days (Texas). No existing cross-state source carries both the waiting period AND the retroactive threshold with per-state statutory citations.
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The data
| State | Waiting period (days) | Retroactive trigger (days) | How days are counted | Statute or rule citation |
|---|---|---|---|---|
| California | 3 days | 14 days (or hospitalization as inpatient) | No temporary disability indemnity is recoverable for the disability suffered during the first three days after the employee leaves work. The day of the injury is included in calculating the waiting period unless the employee was paid full wages for that day. If temporary disability continues for more than 14 days or the employee is hospitalized as an inpatient, indemnity is payable from the date of disability. | Cal. Lab. Code § 4652 |
| Colorado | 3 days | 2 weeks (14 days) | Calendar days from the day the employee leaves work as a result of the injury. If the period of disability does not last longer than three days, no disability indemnity is recoverable. If the period lasts longer than two weeks, indemnity is recoverable from the day the employee leaves work. | Colo. Rev. Stat. § 8-42-103 |
| Florida | 7 days | 21 days | Compensation is not allowed for the first 7 days of the disability. If the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability. | Fla. Stat. § 440.12 |
| Georgia | 7 days | 21 consecutive days | The worker is entitled to weekly income benefits if unable to work for more than 7 days. If the worker misses more than 21 consecutive days, the first week is paid. | O.C.G.A. § 34-9-220 |
| Illinois | 3 lost workdays | 14 calendar days | Lost workdays, not calendar days. TTD is not paid for the first three lost workdays unless the employee misses 14 or more calendar days due to the injury. | 820 ILCS 305/8(a) |
| Michigan | 7 days | 2 weeks (14 days) | No compensation is paid for an injury which does not last for at least one week (7 days). If the disability lasts beyond one week, the worker is entitled to benefits as of the eighth day. If disability continues for two weeks or longer, the worker is entitled to compensation for the first week. | Mich. Comp. Laws § 418.381 |
| Minnesota | 3 calendar days | 10 calendar days | Calendar days. Disability is deemed to commence on the first calendar-day or fraction of a calendar-day that the employee is unable to work. | Minn. Stat. § 176.121 |
| Montana | 4 days or 32 hours, whichever is less | 21 days | The worker must be totally disabled and unable to work. Compensation may not be paid for the first 32 hours or 4 days of loss of wages, whichever is less. A worker is eligible for compensation starting with the 5th day. | Mont. Code Ann. § 39-71-736 |
| New Jersey | 7 days | 7 days (paid once total disability extends beyond 7 days) | The day the employee is unable to continue at work by reason of the accident counts as one whole day of the waiting period. Days of disability need not be consecutive. | N.J. Stat. § 34:15-14 |
| New York | 7 days | 14 days | Workers' compensation indemnity benefits are not allowable for the first seven days of disability. If the disability period exceeds 14 days, compensation is paid from the first day of disability. | N.Y. Workers' Comp. Law § 12 |
| North Carolina | 7 days | 21 days | Calendar days. No compensation is due for the first seven days of lost time from work. Payment for days 1-7 is due only if the employee's disability has continued beyond 21 days. | N.C. Gen. Stat. § 97-28 |
| Oregon | 3 days | 14 days (or hospitalization) | The worker is not paid for the first three days missed from work unless hospitalized or unable to return to work for at least 14 days. | ORS § 656.210 |
| Pennsylvania | 7 calendar days | 14 days | Calendar days including weekends. The worker must be disabled more than seven calendar days before WC payments for disability are payable. Benefits for time lost from work are payable on the eighth day after injury. | 77 Pa. Stat. § 431 |
| Texas | 7 days | 14 days | TIBs begin once the injury or illness causes the worker to miss eight days from work. Benefits are not paid for the first week unless the injury caused disability for 14 days or more. | Tex. Lab. Code § 408.082 |
| Virginia | 7 calendar days | 21 days (3 weeks) | Calendar days. Compensation is not allowed for the first seven calendar days of incapacity. If incapacity extends beyond the waiting period, compensation starts on the eighth day. If incapacity continues for more than three weeks (21 days), compensation is allowed from the first day. | Va. Code § 65.2-508 |
| Washington | 3 days | 7 days (for injuries on or after June 6, 2024); 14 days (for injuries before June 6, 2024) | The first 3 days immediately following the injury are a waiting period. The worker receives benefits for those days only if still off work on the 7th day after injury (for injuries on or after June 6, 2024). | RCW § 51.32.090 |
| Wisconsin | 3 days | 7 calendar days | The three-day waiting period includes Saturday and may include Sunday, if the worker normally works on Sunday. Compensation is payable beginning on the 4th day of lost time. | Wis. Stat. § 102.43 |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 17 sources this dataset was assembled from.
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=4652.
- cdle.colorado.govhttps://cdle.colorado.gov/sites/cdle/files/WC_ACT_2019_linked.pdf
- leg.state.fl.ushttps://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.12.html
- sbwc.georgia.govhttps://sbwc.georgia.gov/frequently-asked-questions/workers-compensation-law-faqs
- iwcc.illinois.govhttps://iwcc.illinois.gov/content/dam/soi/en/web/iwcc/documents/handbook/IWCC%20handbook%2006.06.24.pdf
- michigan.govhttps://www.michigan.gov/leo/-/media/Project/Websites/leo/Documents/WDCA-RESOURCES-AND-REPORTS/Publications/wca_WCPUB001.pdf
- dli.mn.govhttps://dli.mn.gov/node/2321
- mca.legmt.govhttps://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0360/0390-0710-0070-0360.html
- nj.govhttps://nj.gov/labor/workerscompensation/assets/PDFs/Forms/wc_law.pdf
- wcb.ny.govhttps://www.wcb.ny.gov/content/main/TheBoard/glossary.jsp
- ic.nc.govhttps://www.ic.nc.gov/faqs
- wcd.oregon.govhttps://wcd.oregon.gov/worker/pages/benefits-off-work.aspx
- dli.pa.govhttps://www.dli.pa.gov/Individuals/Workers-Compensation/publications/Pages/LIBC-100-WC--The-Injured-Worker-Pamphlet.aspx
- tdi.texas.govhttps://www.tdi.texas.gov/wc/employee/tempben.html
- workcomp.virginia.govhttps://workcomp.virginia.gov/documents/vwc-glossary-terms
- lni.wa.govhttps://www.lni.wa.gov/claims/for-workers/claim-benefits/wage-replacement
- dwd.wisconsin.govhttps://dwd.wisconsin.gov/wc/workers/
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.