What to do when hurt at work: Navigating Workers’ Comp benefits in 50 states

If you were hurt at work, this site is a comprehensive resource for injured workers, employers and workers’ compensation insurance providers. All 50 states’ workers compensation agencies are listed below with details regarding workers’ compensation.

The primary function of the Workers’ Compensation state agencies is to ensure compensation and medical benefits are paid properly and timely to employees hurt on the job. Workers’ compensation is a system of benefits designed to provide financial support for employees who have suffered from work-related injuries or diseases.

Whether you have been hurt on the job or have questions about available benefits, this site can provide you with the answers you need to make informed decisions regarding Workers’ Compensation in your state.

What is Workers’ Compensation?

Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.

Exclusive remedy is a legal doctrine that states that an employee’s remedy for a workplace injury or illness is limited to the benefits provided by the workers’ compensation system. This means that an employee cannot sue their employer for damages related to the injury or illness, but must instead rely on the benefits provided by the workers’ compensation system.

What to do if you were injured at work

When you’re injured at work, it can be difficult to know your rights and how to proceed in the face of what often seems like an overwhelming process. With workers’ compensation laws varying widely by state, navigating the system and finding out which benefits you may qualify for can add insult to injury.

This guide is designed to serve as a one-stop shop for injured workers across all 50 states, helping them understand their legal rights and the compensation benefits that are available to them. Through state-by-state review of each worker’s compensation laws, we will give helpful advice on how you can make sure you get the benefits you deserve after an injury at work.

If you get hurt at work, you should report it immediately to your supervisor. Your employer will complete a First Report of Injury, which will be reported to the Workers’ Compensation insurance carrier. The carrier will investigate your claim and, if accepted, medical and lost time benefits will start.

You can find information about your employer’s coverage, medical and indemnity compensation, weekly benefit, and waiting period on the state’s Workers’ Compensation agency website.

Benefits are typically computed as a percentage of your average weekly wage over a designated period of time. Compensation for lost time, or indemnity payments are subject to minimum and maximum amounts.

Alabama

Alabama Department of Labor
Workers’ Compensation Division
649 Monroe Street
Montgomery, Alabama 36131
(334) 956-4044
1-800-528-5166

The Alabama Department of Labor Workers’ Compensation Division administers the Alabama Worker’s Compensation Law. The Division also handles claims disputes and works with employers to develop safety programs that reduce the risk of workplace accidents and injuries. The law provides for the payment of medical, disability, and death benefits to workers who suffer work-related injuries or illnesses. Any questions you may have can be found in Title 25 Industrial Relations and Labor – Workers Compensation Act below.

Code of Alabama Workers’ Compensation Act

Alabama Workers Compensation Information for Injured Workers

In accordance with Code of Alabama,1975 §25-5-59, benefits are paid from the fourth day of disability after a three day waiting period, starting 21 days after the disability occurred.

Waiting Period – 3 Days

RetroActive Waiting Period – 21 days

In the state of Alabama, the weekly compensation rate effective July 1, 2022 is a maximum of $1026.00 and a minimum of $282.

In the state of Alabama, workers compensation benefits are calculated at 66 and 2/3 of the average weekly earnings, subject to minimum and maximum amounts. To learn more, visit the state’s website or contact a qualified attorney.

Alaska

The state of Alaska Department of Labor and Workforce Compensation Division administers the Alaska Workers’ Compensation Act. The Alaska Workers’ Compensation Act is designed to provide injured employees with medical and compensation benefits when they are hurt on the job.

Compensation may not be allowed for the first three days of the disability, except the benefits provided for in AS 23.30.095 ;  if, however, the injury results in disability of more than 28 days, compensation shall be allowed from the date of the disability.

Alaska Workers Compensation Employee Frequently Asked Questions

Waiting Period – 3 days

RetroActive Waiting Period – 28 days

In the state of Alaska, the weekly compensation rate effective January 1, 2023 is a maximum of $1418.00 and a minimum of $312.

In the state of Alaska, workers compensation benefits are calculated at 80% of the difference between the spendable weekly wage before the injury subject to minimum and maximum amounts.

To learn more about benefit calculations in Alaska, visit the Alaska Statutes or contact a qualified attorney.

Arizona

The Industrial Commission of Arizona

Phoenix Office:
800 W Washington St,
Phoenix, AZ 85007
Phone: (602) 542-4411

Tucson Office:
2675 East Broadway
Tucson, AZ 85716
Phone: (520) 628-5188

Workers’ Compensation in Arizona is regulated by The Industrial Commission of Arizona. The Arizona Industrial Commission’s Workers Compensation Division works to protect the rights of employees injured on the job. In fact, their motto is “Protection of life, health, safety and welfare of Arizona’s workforce”.

If you are off work for 10 days or less, only the last three days are compensated. If you are off work for more than 14 days, compensation will be retroactive to the date of injury and you will be paid for the full 14 days. Compensation is not paid for the day of the injury because you worked that day.

Information for the injured worker

Waiting Period – 7 days

Retroactive Waiting Period – 14 days.

In the state of Arizona, workers compensation benefits are calculated at 66 2/3 of the average monthly wage of the injured worker with a maximum monthly wage of $5393.37.

To learn more about benefit calculations in Arizona, visit Chapter 6 of the Arizona Statutes – Scope of Workers Compensation or contact a qualified attorney.

Arkansas

Workers’ Compensation Commission
324 South Spring Street
P.O. Box 950
Little Rock, Arkansas 72203-0950
Telephone 1-501-682-3930 / 1-800-622-4472

The Arkansas Workers’ Compensation Commission (AWCC) is responsible for enforcing laws that require employers to provide insurance coverage for employees in the event of job-related accidents or disease. If you are disabled due to a work-related injury or illness, you may be eligible for cash benefits after a 7-day waiting period. The benefits begin on the 8th day of partial or total disability and include payment for the first 7 days if the disability lasts over 14 days.

Arkansas Workers’ Compensation Information for the Injured Worker

Waiting Period – 7 days

Retroactive Waiting Period – 14 days

In the state of Arkansas, the weekly compensation rate effective January 1, 2023 through December 31, 2023 is a maximum of $835.00 and a minimum of $20. The maximum amount is based on 85% of the state’s average weekly wage of $985.00.

To learn more about ebenefit calculations in Arkansas, visit Chapter 11 Labor and Industrial Relations and the Arkansas Rules of the Commission or contact a qualified attorney.

California

455 Golden Gate Avenue, 2nd Floor
San Francisco, CA 94102-7014 
415-703-5020

The administration of Workers’ Compensation in California is regulated by the Department of Industrial Relations Workers’ Compensation Division. Additionally, the Division enforces laws that help protect workers from injury or illness on the job. The Workers’ Compensation system provides medical treatment and benefits to injured employees while they are recovering. It also helps ensure employers provide safe workplaces for their employees.

California Labor Code 4652 indicates after sustaining an injury, employees must miss 3 days of work to become eligible for temporary disability benefits. If they are hospitalized, they are eligible on the first day, and if disabled for more than 14 days, the 3-day waiting period is waived.

California Workers’ Compensation Information for the Injured Worker

Waiting Period – 3 days

Retroactive Waiting Period – 14 days

In the state of California, benefits are calculated at two-thirds the average weekly wage of the injured worker subject to minimum and maximum earnings of $364.29 and $2428.72. Weekly earnings under $364.29 yields a weekly amount of $242.86 effective for dates of injury January 01, 2023.

In the state of California, the minimum TTD (temporary total disability) rate is $242.86 and the maximum TTD rate is $1,619.15 per week. California’s average weekly wage is $1641.00.

To learn more about benefit calculations in California, visit the California Labor Codes or contact a qualified attorney.

Colorado

Colorado Department of Labor and Employment

633 17th Street, Suite 201
Denver, CO  80202-3660
Phone: 303-318-8000

The Colorado Department of Labor and Employment administers the Division of Workers’ Compensation. The mission of the Division is to protect workers, promote safe and healthy workplaces, ensure fair compensation of injured employees, and provide exemplary customer service. The Division works with employers, their insurance carriers, health care providers and other stakeholders to ensure that the benefits provided are timely, appropriate and adequate for those who have suffered a work related injury or illness.

If you are hurt at work and an injury has caused you to miss more than two weeks of work, you may be entitled to Temporary Total or Partial Disability benefits. The Workers’ Compensation insurance company will not pay lost wage benefits until after the three day waiting period, which will be reimbursed if you miss more than two weeks as a result of your injury.

Colorado Workers’ Compensation Information for the Injured Worker

Colorado Workers’ Compensation Act Rules

Waiting Period – 3 days

Retroactive Waiting Period – 14 days

In Colorado, effective July 01, 2022 the maximum benefit amount for temporary total disability is $1228.99. The maximum benefit rate for Temporary Total Disability, Temporary Partial Disability, Permanent Total Disability, and Death Benefits under the Workers′ Compensation Act of Colorado shall be ninety-one percent (91%) of such Average Weekly Wage or $1,228.99. To be eligible for the maximum of $1228.99 the claimant must have a weekly income of at least $1,843.49.

Connecticut

Connecticut Workers’ Compensation Information for the Injured Worker

Connecticut Workers’ Compensation Act – Chapter 568

Waiting Period – 3 days

RetroActive Waiting Period – 7 days

In the state of Connecticut, effective October 1, 2022 through September 30, 2023 the maximum weekly workers compensation rate is $1509.00 and the minimum is $301.80. The weekly benefit in Connecticut is calculated by the average weekly wage, less the standard deduction to arrive at the taxable weekly wage. Review the examples in the State of Connecticut weekly benefit tables.

Delaware

The Delaware Division of Industrial Affairs Workers’ Compensation Division is responsible for the administration of rules and regulations regarding work related accidents and illnesses. The Delaware legislature created this division to provide benefits to injured workers. If an injury results in time away from work that exceeds three days, Temporary Total Disability benefits begin from the fourth day. If the disability continues for seven days or more, all of the time away from work is compensable and no waiting period is required.

Delaware Workers’ Compensation Information for the Injured Worker

Waiting Period – 3 days

RetroActive Waiting Period – 7

In Delaware, effective July 01, 2022 the maximum weekly rate is $822.70. The minimum rate is $274.24. Compensation for total disability in Colorado is calculated at 66 2/3 of the injured employee’s wages. For more information on the types of disability and benefit amounts, review the Delaware Code.

Florida

Division of Workers’ Compensation

200 East Gaines Street, Tallahassee, FL 32399-4220 

1-800-342-1741

The Florida Division of Workers’ Compensation “ensures the execution of the workers’ compensation system by educating system participants of their rights and responsibilities; by leveraging data to deliver exceptional value; and by holding participants accountable for fulfilling their obligations.”

In Florida, according to Florida Statute 440.12, no compensation is paid for the first seven days of disability unless the disability lasts more than 21 days. There are exceptions under rule 440.13.

Florida Workers’ Compensation Information for Injured Workers

Waiting Period – 7 days

RetroActive Waiting Period – 21 days

In Florida, the weekly workers’ compensation benefit maximum amount is $1197 for dates of injury that occurred in 2023. The minimum rate is $20.00. Temporary total benefits are calculated at 66 2/3 of the injured worker’s average weekly wage subject to minimum and maximum amounts. For more information regarding compensation types and benefit amounts, review the Florida statutes 440.12.

Georgia

State Board of Workers Compensation

270 Peachtree Street, NW

Atlanta, GA 30303-1299

(404) 656-3818

The Georgia State Board of Workers’ Compensation is dedicated to ensuring the safety and well-being of workers in the state through its administration of workers’ compensation laws. Injured workers unable to work for more than 7 days may be entitled to weekly income benefits. The first check will be sent within 21 days of the start of absence. If disability stretches longer than 21 consecutive days, payment is issued for the first week. The rules are outlined in GEORGIA WORKERS’ COMPENSATION ACT CODE §114-404 – O.C.G.A. §34-9-261.

Georgia Workers’ Compensation Information for Injured Workers

Georgia Statutes and Rules

Waiting Period – 7 days

RetroActive Waiting Period – 21 days

In Georgia, effective July 01, 2022 the maximum weekly benefit amount is $725.00. The minimum weekly benefit is $50.00. Benefits are calculated at 66 2/3 of the injured worker’s average weekly wage for the 13 weeks prior to the date of injury. For more information about Georgia benefits, review the Summary of Workers’ Compensation Provisions.

Hawaii

In Hawaii, the Disability Compensation Division oversees the administration of the Workers’ Compensation laws. If you are injured at work, you may be entitled to weekly benefits. In Hawaii, there is a 3 day waiting period to receive Workers’ Compensation benefits. There is no retroactive waiting period. Injured workers should familiarize themselves with the Hawaii Workers Compensation Law.

Hawaii Workers’ Compensation Information for Injured Workers

Waiting Period – 3 Days

RetroActive Waiting Period – None

In Hawaii, weekly benefits are paid at the rate of 66 2/3 of the injured worker’s average weekly wage subject to a minimum and maximum amount. Effective December 01, 2022 the maximum weekly benefit amount is $1090.00. The minimum amount is $14.00.

Idaho

In Idaho, the Industrial Commission is the state agency responsible for regulating Workers’ Compensation. If you are injured on the job and your claim is accepted, you may be entitled to income benefits. In Idaho, there is a waiting period of 5 days. Meaning, you will not receive benefits for the first five days after the work injury unless time lost exceeds 14 days. Then, the first five days are retroactively paid. Hospitalization is an exception. More information for injured workers can be found in the following link.

Idaho Workers’ Compensation Information for Injured Workers

Waiting Period – 5 days

RetroActive Waiting Period – 14 days

Illinois

In the state of Illinois, the Workers’ Compensation Commission oversees and resolves disputes between workers and employers in this area. In Illinois, temporary total benefits are not paid for the first three lost “work” days unless the employee miss 14 or more days due to the work injury.

Illinois Workers Compensation Information for the Injured Worker

Waiting Period – 3 days

RetroActive Waiting Period – 14 days

Indiana

In the state of Indiana, The Workers’ Compensation Board (WCB) is responsible for efficient dispute resolution between injured workers and employers, providing information regarding the Worker’s Compensation system and collecting statistical information about workplace injuries. Compensation shall be allowed for the first seven (7) calendar days only if the disability continues for longer than twenty-one (21) days. More information can be found in Indiana legislative laws.

Indiana Workers’ Compensation Information for Injured Workers

Waiting Period – 7 days

RetroActive Waiting Period – 21 days

Iowa

Iowa Workforce Development Division of Workers’ Compensation core functions include educating Iowa workers about workers’ compensation laws, adjudicating disputed claims and enforcing compliance. Benefits begin on the fourth day the worker is off of work due to an injury. If more than 14 days are missed, the first three days of the waiting period are paid retroactively.

Iowa Workers Compensation Information for Injured Workers

Waiting Period – 3 days

RetroActive Waiting Period – 14 days

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

District of Columbia

West Virginia

Wisconsin

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