Workers’ compensation aims to provide a prompt source of income and medical treatment for injured employees without the burden of having to go through the court system. Generally, you should start receiving your disability payments within two to three weeks of your accident. However, every state has processes and waiting periods that affect the timeline.
How Workers’ Comp Payments Work
Workers’ compensation provides injured workers with the resources they need to recover from their injuries and maintain a steady income when a workplace injury prevents them from working at full capacity.
Types of Workers’ Comp Benefits
Workers’ compensation generally includes the following benefits:
- Medical treatment: Emergency treatment, medical care, medications, assistive devices, surgery, hospitalization, therapy, rehab, and any other necessary care
- Vocational rehabilitation: Training and resources needed to help you adjust to disabilities caused by your injuries so you can return to work
- Disability benefits: Partial replacement of the wages you earned before the injury
In many states, wage replacement benefits are 66.7% of your average weekly wages, based on the last year preceding your accident. However, the amount may differ in your state.
Who Qualifies for Workers’ Compensation?
You generally qualify for workers’ compensation if you are an employee, and your employer carries workers’ compensation insurance. Most employers are required to carry workers’ compensation insurance policies, but there are exceptions, which vary by state. For example, some states have exemptions for employers with a small number of employees.
Independent contractors generally do not qualify for workers’ compensation. Every state defines independent contractors differently. We can advise you of the laws of your state and your eligibility.
State-by-State Workers’ Comp Waiting Periods
Every state has a waiting period for workers’ compensation benefits. The period depends on the state’s requirement for how long your disability must last before you become eligible for benefit payments. If your doctor releases you to return to work before the waiting period expires, you do not qualify for benefits. The waiting period only impacts disability payments. Your medical treatment starts immediately.
You become eligible for workers’ compensation payments for every day you are disabled, beginning the day after the waiting period ends. For example, if your state has a seven-day waiting period, your benefits start the eighth day after your accident.
If your disability lasts long enough, the waiting period is waived, and you are entitled to retroactive benefits from day one. This retroactive period varies by state. Refer to the tables below for a state-by-state listing of the waiting period and the date retroactive benefits begin.
States with a 3-Day Waiting Period
| STATE | DAYS UNTIL WAITING PERIOD IS WAIVED |
|---|---|
| Alabama | 21 |
| Alaska | 28 |
| California | 21 |
| Colorado | 14 |
| Connecticut | 7 |
| Delaware | 7 |
| Hawaii | None |
| Illinois | 14 |
| Iowa | 14 |
| Maryland | 14 |
| Michigan | 7 |
| Minnesota | 10 |
| Missouri | 14 |
| Missouri | 14 |
| New Hampshire | 14 |
| Oklahoma | 0 |
| Oregon | 14 |
| Rhode Island | 3 |
| Uah | 14 |
| Vermont | 7 |
| Washington | 7 |
| Washington, D.C. | 14 |
| West Virginia | 7 |
| Wisconsin | 7 |
| Wyoming | 8 |
State with a 4-Day Waiting Period
Montana is the only state that does not have a waiting period of three, five, or seven days. Montana’s waiting period is four days or 32 hours, whichever is less. If your disability lasts longer than 21 days in Montana, you become eligible for retroactive pay for the waiting period.
States with a 5-Day Waiting Period
| STATE | DAYS UNTIL WAITING PERIOD IS WAIVED |
|---|---|
| Idaho | 14 or if hospitalized overnight |
| Massachusetts | 21 |
| Mississippi | 14 |
| Nevada | 5 |
| North Dakota | 5 |
States with a 7-Day Waiting Period
| STATE | DAYS UNTIL WAITING PERIOD IS WAIVED |
|---|---|
| Arizona | 14 |
| Arkansas | 14 |
| Florida | 21 |
| Georgia | 21 |
| Indiana | 21 |
| Kansas | 21 |
| Kentucky | 15 |
| Louisiana | 42 |
| Maine | 14 |
| Nebraska | 42 |
| New Jersey | 22 |
| New Mexico | 28 |
| New York | 15 |
| North Carolina | 21 |
| Ohio | 14 |
| Pennsylvania | 14 |
| South Carolina | 14 |
| South Dakota | 7 |
| Tennessee | 14 |
| Texas | 14 |
| Virginia | 21 |
Factors That Can Delay Workers’ Comp Payments
Delays in receiving workers’ compensation benefits often point to improper conduct by the employer or the insurance company. Here are some common examples:
- The employer delays filing the claim or refuses to file it at all.
- The employer or insurance company disputes your claim.
- The employer makes mistakes when filing your claim.
- The insurance company makes mistakes while processing your claim.
- The insurance company denies your claim.
If your claim is denied, you generally have the right to file a petition for benefits. This claims process varies by state, but it often creates significant delays. Disability Advice can guide you through the claims process in your state and help you secure a proven lawyer to fight for the benefits you deserve.
What to Do if Your Workers’ Comp Check Is Late
While the deadline varies, most states require workers’ compensation benefits to be paid within two to three weeks after the employer receives an injury report. If workers’ compensation fails to timely pay your benefits, the steps below can help you get to the bottom of the issue and escalate your claim.
Contact the Insurance Carrier or Employer
Contact your employer or the insurance carrier to inquire about the cause of the delay. The insurer could be experiencing a processing delay or waiting for additional documentation from you, your doctor, or your employer. Sometimes, the employer may dispute your claim or drag its feet. You have a right to know when you can expect your check. By initiating contact, you can learn the reason for the delay and determine the steps necessary to resolve it.
Filing a Complaint With Your State Workers’ Compensation Board
A late payment violates your rights. If you are unable to get a resolution with your employer or the insurance company, you are entitled to file a complaint with your state’s workers’ compensation board or division. This could pressure the insurer to pay.
Seeking Legal Representation for Delayed Payments
An experienced workers’ compensation lawyer can often resolve workers’ compensation disputes quickly. If an insurer or employer refuses to follow the law, a lawyer can file a petition and represent you at a workers’ compensation hearing, if necessary. Disability Advice can provide you with legal information for your state and connect you with a knowledgeable workers’ compensation attorney.
FAQs About Workers’ Comp Payments
How Long Does Workers’ Comp Take To Approve a Claim?
The approval time for a workers’ compensation claim could range from a few days to months, depending on the severity of your injuries, whether there are any disputes, and your state’s workers’ compensation procedures.
Can I Receive Workers’ Comp and Still Work Part-Time?
Yes, you are entitled to workers’ compensation if you are injured or sickened in the course of employment and your condition prevents you from working at full capacity. The inability to work at full capacity includes restrictions to light duty and part-time work.
Do Workers’ Comp Checks Come Weekly or Bi-weekly?
The payment schedule for your workers’ compensation payment will vary by state. In cases involving severe, permanent injuries, you may negotiate a lump sum rather than periodic payments.
What Happens if My Employer Refuses To File My Workers’ Comp Claim?
An employer is required to file a workers’ compensation claim when a covered worker reports a job-related injury. If your employer refuses to file the claim, contact Disability Advice immediately. We can advise you of your rights and connect you with an attorney who can provide further assistance.
Are Workers’ Comp Benefits Taxable?
No, workers’ compensation is generally exempt from income tax.
When Does Workers’ Comp Start Paying? Get Help With Delays and Denials
Your eligibility for benefit payments begins the day after your state’s waiting period ends. Retroactive benefits are available for the waiting period if your disability lasts long enough, depending on your state’s laws. Even with the waiting period, you should generally start receiving your benefits two to three weeks after reporting your injury.
Disability Advice can help you overcome delays and start receiving your benefits as soon as possible. Contact us now for a free consultation.
