When you suffer an injury at work, your immediate concerns are your health and your ability to provide for your family. Workers’ compensation is the system designed to address both, providing essential medical care and wage replacement benefits while you recover. However, as medical appointments and bills accumulate, a critical question arises for nearly every injured worker: How long does workers’ comp last?
The answer is complex because it’s governed by your individual medical progress and a patchwork of state-specific laws. Understanding the factors that determine the duration of your benefits is essential for financial planning and peace of mind during a challenging time.
This guide from National Disability Benefits will provide an in-depth look at when and why your benefits might end, the key milestones in your claim, and how state laws can impact your recovery journey.
The Four Main Endpoints for Workers’ Comp Benefits
While the specifics can differ, temporary disability benefits in a workers’ compensation case generally conclude when one of four key events takes place. Think of these as the main off-ramps from receiving weekly wage-replacement checks.
- You Return to Your Regular Job: The ultimate goal of the workers’ compensation system is to help you heal and get back to your original job at your previous wage. Once your doctor certifies that you are medically capable of resuming your full, regular work duties, your temporary disability benefits will typically cease.
- You Reach Maximum Medical Improvement (MMI): This is arguably the most important medical milestone in your claim. MMI signifies the point at which your condition is not expected to improve any further, even with additional treatment. Reaching this plateau triggers a new phase in your claim.
- You Reach Your State’s Time Limit: Separate from your medical recovery, many states have a legal endpoint for how long you can receive temporary benefits. This is a hard cap, measured in a specific number of weeks, and can sometimes arrive before you are fully ready to return to work.
- You Agree to a Settlement: Often, you and the insurance company will reach a mutual agreement to close out your claim in exchange for a payment. This is a financial endpoint that provides finality for both parties and typically ends the insurer’s obligation to provide further benefits.
Understanding Maximum Medical Improvement (MMI)
Maximum Medical Improvement is a pivotal moment in any workers’ comp case, and it’s essential to understand what it means. It is the clinical determination that your work-related injury or illness has stabilized and is unlikely to improve further. Your designated workers’ compensation doctor is the one who officially determines when you have reached MMI, based on your treatment progress and medical evaluations.
Reaching MMI leads to one of two primary outcomes:
- Full Recovery and Return to Work: For most people, reaching MMI means they have recovered from their injury to the point where they can return to their job without any lasting restrictions.
- Permanent Impairment: If your injury results in a lasting impairment, reaching MMI marks the transition from temporary benefits to permanent disability benefits. At this stage, your doctor will likely assign you an “impairment rating,” which is a percentage that quantifies your level of permanent disability. This rating is then used to calculate the amount of permanent disability benefits you may be entitled to receive.
State-by-State Differences in Benefit Duration
The most significant factor that distinguishes workers’ comp law across the country is how each state caps the duration of temporary disability benefits. This creates two main categories of states:
- States Capped by MMI: In these states, your temporary benefits are directly tied to your medical journey. You can continue to receive weekly payments until your doctor determines you have reached MMI, regardless of how long that takes. This approach offers more flexibility for severe injuries that require extended recovery periods.
- States with Specific Time Limits: These states impose a maximum number of weeks you can collect temporary disability benefits. For instance, in California, benefits for most injuries are capped at 104 weeks from the date of injury. In these states, it is possible for your benefits to run out before your doctor declares you have reached MMI, creating a potential gap in support.
Navigating Settlements and a Return to Work
As you recover, you will likely face decisions about returning to work and the possibility of a settlement.
- Returning to Work: Your employer may offer you a position with lighter or modified duties that accommodate the medical restrictions set by your doctor. You can, and generally must, accept this work while still receiving partial benefits if you are not yet earning your pre-injury wages. Refusing a suitable offer of modified-duty work can jeopardize your right to continue receiving benefits. Once you are cleared for and return to your regular job, your wage benefits will end.
- Accepting a Settlement: A settlement is a formal agreement to close your claim for a specific amount of money. Insurers often propose settlements as you get closer to MMI. This is typically paid as a lump sum. It’s crucial to understand that the initial offer is a starting point for negotiation, not a final number. A settlement usually covers not only your lost wages but also resolves the insurer’s responsibility for your future medical care related to the injury. Accepting a settlement is a final decision that should be made with a clear understanding of your future medical needs.
Workers’ Comp List by State
| State | 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 |
| Idaho | 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 |
| Iowa | 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 |
| Maine | 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 |
| Ohio | 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 |
| Texas | 104 weeks after your eighth day of disability |
| Utah | 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 |
Contact us today for more information about workers’ compensation
Navigating a workers’ compensation claim is a journey with many legal and medical milestones. Understanding the concepts of Maximum Medical Improvement, the specific laws in your state, and the implications of a settlement is vital to protecting your financial future.
If you have questions about your claim or need guidance on how to proceed, our experienced team at National Disability Benefits is here to provide the clarity you need. Contact us for a consultation to ensure you fully understand your rights and options.
