asset: wc-waiting-periods-by-state

asset_type: waiting-period

body: 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.

key_field: state

licence: unknown

title: Workers' compensation waiting periods and retroactive thresholds by US state

type: dataset


body:
**State:** California

**Waiting period (days):** 3 days

**Retroactive trigger (days):** 14 days (or hospitalization as inpatient)

**How days are counted:** 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.

**Statute or rule citation:** Cal. Lab. Code § 4652

> no temporary disability indemnity is recoverable for the disability suffered during the first three days after the employee leaves work as a result of the injury unless temporary disability continues for more than 14 days or the employee is hospitalized as an inpatient for treatment required by the injury, in either of which cases temporary disability indemnity shall be payable from the date of disability. For purposes of calculating the waiting period, the day of the injury shall be included unless the employee was paid full wages for that day.

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=4652.>

state: California

statute_citation: Cal. Lab. Code § 4652

title: California — Workers' compensation waiting periods and retroactive thresholds by US state

type: waiting-period

waiting_period_days: 3 days


body:
**State:** Colorado

**Waiting period (days):** 3 days

**Retroactive trigger (days):** 2 weeks (14 days)

**How days are counted:** 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.

**Statute or rule citation:** Colo. Rev. Stat. § 8-42-103

> If the period of disability does not last longer than

Source: <https://cdle.colorado.gov/sites/cdle/files/WC_ACT_2019_linked.pdf>

retroactive_trigger_days: 2 weeks (14 days)

state: Colorado

statute_citation: Colo. Rev. Stat. § 8-42-103

title: Colorado — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Florida

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 21 days

**How days are counted:** 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.

**Statute or rule citation:** Fla. Stat. § 440.12

> The Florida Statutes | The 2025 Florida Statutes | | <https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXI#TitleXXXI> Title XXXI LABOR | <https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html> Chapter 440 WORKERS' COMPENSATION | <https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html> View Entire Chapter | | F.S. 440.12 440.12  Time for commencement and limits on weekly rate of compensation. — (1)  Compensation is not allowed for the first 7 days of the disability, except for benefits provided under s. <https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.13.html> 440.13 . However, if the injury results in more than 21 days of disability, compensation is allowed from the commencement of the disability.

Source: <https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.12.html>

retroactive_trigger_days: 21 days

state: Florida

statute_citation: Fla. Stat. § 440.12

title: Florida — Workers' compensation waiting periods and retroactive thresholds by US state

waiting_period_days: 7 days


body:
**State:** Georgia

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 21 consecutive days

**How days are counted:** 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.

**Statute or rule citation:** O.C.G.A. § 34-9-220

> You are entitled to weekly income benefits if you are unable to work for more than 7 days. Your first check should be mailed to you within 21 days after the first day you missed work. If you miss more than 21 consecutive days, you will be paid for the first week.

Source: <https://sbwc.georgia.gov/frequently-asked-questions/workers-compensation-law-faqs>

retroactive_trigger_days: 21 consecutive days

state: Georgia

title: Georgia — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Illinois

**Waiting period (days):** 3 lost workdays

**Retroactive trigger (days):** 14 calendar days

**How days are counted:** 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.

**Statute or rule citation:** 820 ILCS 305/8(a)

> TTD is not paid for the first three lost workdays, unless the employee misses 14 or more calendar days due to the injury.

Source: <https://iwcc.illinois.gov/content/dam/soi/en/web/iwcc/documents/handbook/IWCC%20handbook%2006.06.24.pdf>

retroactive_trigger_days: 14 calendar days

state: Illinois

title: Illinois — Workers' compensation waiting periods and retroactive thresholds by US state

waiting_period_days: 3 lost workdays


body:
**State:** Michigan

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 2 weeks (14 days)

**How days are counted:** 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.

**Statute or rule citation:** Mich. Comp. Laws § 418.381

> 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 after the injury. If a disability continues for two weeks or longer, then the worker is entitled to compensation for the first week of disability.

Source: <https://www.michigan.gov/leo/-/media/Project/Websites/leo/Documents/WDCA-RESOURCES-AND-REPORTS/Publications/wca_WCPUB001.pdf>

state: Michigan

statute_citation: Mich. Comp. Laws § 418.381

title: Michigan — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Minnesota

**Waiting period (days):** 3 calendar days

**Retroactive trigger (days):** 10 calendar days

**How days are counted:** 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.

**Statute or rule citation:** Minn. Stat. § 176.121

> the workers' compensation waiting period starts on the first day of any lost time and is three calendar-days long. Wage-loss benefits for an injured worker are not paid for the waiting period unless the disability continues for 10 calendar-days or longer.

Source: <https://dli.mn.gov/node/2321>

retroactive_trigger_days: 10 calendar days

state: Minnesota

statute_citation: Minn. Stat. § 176.121

title: Minnesota — Workers' compensation waiting periods and retroactive thresholds by US state

waiting_period_days: 3 calendar days


body:
**State:** Montana

**Waiting period (days):** 4 days or 32 hours, whichever is less

**Retroactive trigger (days):** 21 days

**How days are counted:** 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.

**Statute or rule citation:** Mont. Code Ann. § 39-71-736

> compensation may not be paid for the first 32 hours or 4 days of loss of wages, whichever is less, that the worker is totally disabled and unable to work because of an injury. A worker is eligible for compensation starting with the 5th day.

Source: <https://mca.legmt.gov/bills/mca/title_0390/chapter_0710/part_0070/section_0360/0390-0710-0070-0360.html>

state: Montana

statute_citation: Mont. Code Ann. § 39-71-736

title: Montana — Workers' compensation waiting periods and retroactive thresholds by US state

waiting_period_days: 4 days or 32 hours, whichever is less


body:
**State:** New Jersey

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 7 days (paid once total disability extends beyond 7 days)

**How days are counted:** 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.

**Statute or rule citation:** N.J. Stat. § 34:15-14

> no compensation other than medical aid shall accrue and be payable until the employee has been disabled 7 days, whether the days of disability immediately follow the accident, or whether they be consecutive or not. These days shall be termed the waiting period. The day that the employee is unable to continue at work by reason of his accident, whether it be the day of the accident or later, shall count as one whole day of the waiting period. Should the total period of disability extend beyond 7 days, additional compensation shall at once become payable covering the above prescribed waiting period.

Source: <https://nj.gov/labor/workerscompensation/assets/PDFs/Forms/wc_law.pdf>

state: New Jersey

title: New Jersey — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** New York

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 14 days

**How days are counted:** 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.

**Statute or rule citation:** N.Y. Workers' Comp. Law § 12

> Period covering the first seven days of disability resulting from a work-related injury or illness. Workers' compensation indemnity benefits are not allowable for the first seven days of disability, except that (a) in cases where the disability period exceeds 14 days, indemnity awards are allowed from the date of disability, (b) under a plan or agreement accepted by the Chair, the waiting period may be less than seven days or eliminated entirely and (c) there is no waiting period for cases covering volunteer ambulance workers or volunteer firefighters.

Source: <https://www.wcb.ny.gov/content/main/TheBoard/glossary.jsp>

retroactive_trigger_days: 14 days

state: New York

statute_citation: N.Y. Workers' Comp. Law § 12

title: New York — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** North Carolina

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 21 days

**How days are counted:** 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.

**Statute or rule citation:** N.C. Gen. Stat. § 97-28

> no compensation is due for the first seven days of lost time from work, unless the disability exceeds 21 days. Therefore, the first workers’ compensation disability payment issued to the employee by the employer or carrier will not include any workers’ compensation disability payments for days 1-7. Payment for days 1-7 will be due only if the employee’s disability has continued beyond 21 days.

Source: <https://www.ic.nc.gov/faqs>

state: North Carolina

statute_citation: N.C. Gen. Stat. § 97-28

title: North Carolina — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Oregon

**Waiting period (days):** 3 days

**Retroactive trigger (days):** 14 days (or hospitalization)

**How days are counted:** 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.

**Statute or rule citation:** ORS § 656.210

> You will not be paid for the first three days you miss work unless you are hospitalized or unable to return to work for at least 14 days.

Source: <https://wcd.oregon.gov/worker/pages/benefits-off-work.aspx>

retroactive_trigger_days: 14 days (or hospitalization)

state: Oregon

title: Oregon — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Pennsylvania

**Waiting period (days):** 7 calendar days

**Retroactive trigger (days):** 14 days

**How days are counted:** 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.

**Statute or rule citation:** 77 Pa. Stat. § 431

> You must be disabled more than seven calendar days (including weekends) before WC payments for disability are payable. Benefits for time lost from work are payable on the eighth day after injury. Once you have been off work 14 days, you receive retroactive payment for the first seven days.

Source: <https://www.dli.pa.gov/Individuals/Workers-Compensation/publications/Pages/LIBC-100-WC--The-Injured-Worker-Pamphlet.aspx>

state: Pennsylvania

statute_citation: 77 Pa. Stat. § 431

title: Pennsylvania — Workers' compensation waiting periods and retroactive thresholds by US state

waiting_period_days: 7 calendar days


body:
**State:** Texas

**Waiting period (days):** 7 days

**Retroactive trigger (days):** 14 days

**How days are counted:** 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.

**Statute or rule citation:** Tex. Lab. Code § 408.082

> TIBs begin once your injury or illness causes you to miss eight days from work. Benefits are not paid for the first week unless your injury caused you to lose all or some of your pay (disability) for 14 days or more.

Source: <https://www.tdi.texas.gov/wc/employee/tempben.html>

state: Texas

statute_citation: Tex. Lab. Code § 408.082

title: Texas — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Virginia

**Waiting period (days):** 7 calendar days

**Retroactive trigger (days):** 21 days (3 weeks)

**How days are counted:** 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.

**Statute or rule citation:** Va. Code § 65.2-508

> Seven Day Waiting Period: Compensation is not allowed for the first seven calendar days of incapacity. If incapacity extends beyond the waiting period, then compensation will start on the eighth day of disability. If incapacity continues for a period of more than three weeks (21 days), then compensation is allowed from the first day of incapacity.

Source: <https://workcomp.virginia.gov/documents/vwc-glossary-terms>

retroactive_trigger_days: 21 days (3 weeks)

state: Virginia

title: Virginia — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Washington

**Waiting period (days):** 3 days

**Retroactive trigger (days):** 7 days (for injuries on or after June 6, 2024); 14 days (for injuries before June 6, 2024)

**How days are counted:** 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).

**Statute or rule citation:** RCW § 51.32.090

> the first 3 days immediately following your injury are considered a waiting period. You will only receive benefits for those days if you are still off work on the 7th day after your injury.

Source: <https://www.lni.wa.gov/claims/for-workers/claim-benefits/wage-replacement>

state: Washington

title: Washington — Workers' compensation waiting periods and retroactive thresholds by US state


body:
**State:** Wisconsin

**Waiting period (days):** 3 days

**Retroactive trigger (days):** 7 calendar days

**How days are counted:** 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.

**Statute or rule citation:** Wis. Stat. § 102.43

> There is a three-day waiting period for compensation that includes Saturday and may include Sunday, if you normally work on Sunday. No compensation is paid for these first three days unless you are off work for more than seven days. In that case, the first three days are paid for retroactively.

Source: <https://dwd.wisconsin.gov/wc/workers/>

retroactive_trigger_days: 7 calendar days

state: Wisconsin

statute_citation: Wis. Stat. § 102.43

title: Wisconsin — Workers' compensation waiting periods and retroactive thresholds by US state