How long can you be on workers’ comp? How do you know if you've reached MMI? How long you can get workers’ comp in every state Temporary benefits vs. permanent benefits Get help with your workers’ comp claim Find a local workers' comp lawyer Resources > Workers compensation Workers compensation How Long Can You Be on Workers' Comp in Every State? Written by Victoria Muñoz Lead Attorney Published March 31, 2023 Updated April 16, 2024 3 min read Why trust us? Compass Disability 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.
Why trust us? 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.
How long can you be on workers’ comp?
In general, your workers' comp benefits will last until you reach one of four outcomes:
- You reach maximum medical improvement (MMI).
- You reach your state's limit for weekly benefits.
- You return to your regular work.
- You agree to a settlement.
In 31 states and Washington, D.C., 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 through medical care, and your workers' comp doctor believes that additional treatment won't lead to additional recovery.
There are 19 states that set a time limit on how long payments last. For example, California pays benefits for up to 104 weeks for most injuries, and up to 240 weeks for severe conditions.
Workers’ comp will also end if you return to work. You can do modified-duty work while getting benefits as long as you follow your doctor's restrictions. But returning to your regular job will end your benefits. (If your employer is trying to force you back to work, a workers' comp lawyer can help you handle the situation.)
Around the time you reach MMI, the workers' comp insurance may offer you a settlement. It's usually one big payment in exchange for agreeing to end your claim. A settlement can free you to take control over your medical care and recovery timeline, but the first offer you get is rarely the best offer you could get. Negotiating a fairer payout is almost always a good idea. Our settlement guide can help you through the process.
How do you know if you've reached MMI?
Your workers' comp doctor makes the official decision on when you have reached MMI, since they're the one who has been approved by the insurance or the state to treat your injury.
For most people, maximum medical improvement means you've recovered fully and can return to work. MMI could also be the point where your doctor states that you've recovered as much as you can but you won't reach your pre-injury condition.
If your work injury does leave you with a permanent impairment or a disability, you will transition to long-term workers' comp payments, also known as permanent disability benefits.
How long you can get workers’ comp in every state
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.
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
Until MMI or you can return to work
Illinois
Until MMI or you can return to work
Indiana
500 weeks or after receiving $390,000 in benefits
Until MMI or you can return to work
Kansas
Until MMI or you can return to work
Kentucky
4 years or until you turn 70, whichever happens last
Louisiana
Until MMI
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
Until MMI or you can return to work
Oklahoma
156 weeks
Oregon
Until MMI, you can return to work, or your employer/insurance 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
104 weeks after your eighth day of disability
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 benefits vs. permanent benefits
Temporary workers’ comp benefits run until the limits mentioned above. If you don’t fully recover from your condition within those time limits, you may qualify for permanent benefits.
Permanent benefits fall into two categories:
- Permanent partial disability benefits (PPD) provide support to people who can work again but have a permanent impairment or disability from their injury.
- Permanent total disability benefits (PTD) are for people who can no longer work at all or lose full use of their injured body parts.
Permanent benefits have time limits, which are usually based on the severity of your impairment. Once you reach MMI, your doctor will determine a disability rating that helps calculate your long-term benefits.
It's also common to receive a settlement offer before transitioning to permanent benefits. If workers' comp offered you a settlement, it's a good time to consult a workers' comp lawyer .
Get help with your workers’ comp claim
Workers’ comp rules are complex and vary significantly from one state to the next. Sometimes there are even differences within a state.
Compass Disability can take the guesswork out of the process by answering your questions (for free) and connecting you with an experienced workers' comp lawyer. A lawyer can help you handle paperwork, plan or schedule your medical care, and negotiate a fair payment for your injuries.
Compass Disability lawyers also don't change anything upfront. You only pay their fee if they help you win benefits or negotiate a settlement. If they don't win you benefits, you don't owe anything a cent. Take our free workers’ comp quiz to get started.
Find a local workers' comp lawyer
California
Connecticut
Georgia
Illinois
Kentucky
Maryland
Massachusetts
Michigan
New Jersey
New York
North Carolina
Pennsylvania
South Carolina
Tennessee
Wisconsin
Related resources:
How Much Workers' Comp Pays in Every State
When Will Workers' Comp Offer a Settlement?
Victoria Muñoz
Lead Attorney
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