Understanding Workers' Compensation
Workers' compensation provides medical care and wage replacement for employees injured on the job, while protecting employers from lawsuits. Each state has unique requirements and benefit structures.
Workers' Compensation by State
| State | Coverage Required | Wage Replacement | Waiting Period | Max Weekly Benefit | Report Deadline | Statute of Limitations |
|---|---|---|---|---|---|---|
| Alabama | 5+ employees | 66.67% | 3 days | $1,011 | 5 days | 2 years |
| Alaska | 1+ employees | 80% (spendable) | 3 days | $1,512 | 30 days | 2 years |
| Arizona | 1+ employees | 66.67% | 7 days | State average | 10 days | 1 year |
| Arkansas | 3+ employees | 66.67% | 7 days | $859 | Immediately | 2 years |
| California | 1+ employees | 66.67% | 3 days | $1,539 | 30 days | 1 year |
| Colorado | 1+ employees | 66.67% | 3 days | $1,220 | 10 days | 2 years |
| Connecticut | 1+ employees | 75% (spendable) | 3 days | $1,796 | Immediately | 1 year |
| Delaware | 1+ employees | 66.67% | 3 days | $902 | 10 days | 2 years |
| Florida | 4+ employees | 66.67% | 7 days | $1,197 | 30 days | 2 years |
| Georgia | 3+ employees | 66.67% | 7 days | $800 | 30 days | 1 year |
| Hawaii | 1+ employees | 66.67% | 3 days | $1,143 | Immediately | 2 years |
| Idaho | 1+ employees | 67% | 5 days | 90% state wage | 60 days | 1 year |
| Illinois | 1+ employees | 66.67% | 3 days | $1,822 | 45 days | 3 years |
| Indiana | 1+ employees | 66.67% | 7 days | $915 | 30 days | 2 years |
| Iowa | 1+ employees | 80% (spendable) | 3 days | $2,154 | 90 days | 2 years |
| Kansas | 1+ employees | 66.67% | 7 days | $755 | 20 days | 200 days |
| Kentucky | 1+ employees | 66.67% | 7 days | $1,002 | 3 days | 2 years |
| Louisiana | 1+ employees | 66.67% | 7 days | $794 | 30 days | 1 year |
| Maine | 1+ employees | 80% (after-tax) | 7 days | $1,044 | 30 days | 2 years |
| Maryland | 1+ employees | 66.67% | 3 days | $1,348 | 10 days | 2 years |
| Massachusetts | 1+ employees | 60% | 5 days | $1,855 | 4 days | 4 years |
| Michigan | 3+ employees | 80% (after-tax) | 7 days | $1,055 | 90 days | 2 years |
| Minnesota | 1+ employees | 66.67% | 3 days | $1,325 | 14 days | 3 years |
| Mississippi | 5+ employees | 66.67% | 5 days | $572 | 30 days | 2 years |
| Missouri | 5+ employees | 66.67% | 3 days | $1,106 | 30 days | 2 years |
| Montana | 1+ employees | 66.67% | 4 days | $878 | 30 days | 1 year |
| Nebraska | 1+ employees | 66.67% | 7 days | $1,030 | 10 days | 2 years |
| Nevada | 1+ employees | 66.67% | 5 days | $1,176 | 7 days | 90 days |
| New Hampshire | 1+ employees | 60% | 3 days | $1,923 | 2 days | 3 years |
| New Jersey | 1+ employees | 70% | 7 days | $1,065 | 14 days | 2 years |
| New Mexico | 3+ employees | 66.67% | 7 days | $958 | 15 days | 1 year |
| New York | 1+ employees | 66.67% | 7 days | $1,145 | 30 days | 2 years |
| North Carolina | 3+ employees | 66.67% | 7 days | $1,258 | 5 days | 2 years |
| North Dakota | 1+ employees | 66.67% | 5 days | $1,486 | 7 days | 2 years |
| Ohio | 1+ employees | 72% (first 12 weeks) | 7 days | $1,111 | 7 days | 2 years |
| Oklahoma | 1+ employees | 70% | 3 days | $994 | 30 days | 2 years |
| Oregon | 1+ employees | 66.67% | 3 days | $1,585 | 90 days | 90 days |
| Pennsylvania | 1+ employees | 66.67% | 7 days | $1,273 | 21 days | 3 years |
| Rhode Island | 1+ employees | 75% (spendable) | 3 days | $1,043 | 30 days | 3 years |
| South Carolina | 4+ employees | 66.67% | 7 days | $949 | 90 days | 2 years |
| South Dakota | 1+ employees | 66.67% | 7 days | $960 | 30 days | 2 years |
| Tennessee | 5+ employees | 66.67% | 7 days | $1,219 | 30 days | 1 year |
| Texas | Optional | 70% | 7 days | $1,122 | 30 days | 1 year |
| Utah | 1+ employees | 66.67% | 3 days | $1,086 | Immediately | 180 days |
| Vermont | 1+ employees | 66.67% | 3 days | $1,806 | 6 days | 2 years |
| Virginia | 3+ employees | 66.67% | 7 days | $1,299 | 30 days | 2 years |
| Washington | 1+ employees | 60-75% | 3 days | $1,476 | Immediately | 1 year |
| West Virginia | 1+ employees | 66.67% | 3 days | $1,026 | 3 days | 2 years |
| Wisconsin | 3+ employees | 66.67% | 3 days | $1,375 | 30 days | 2-6 years |
| Wyoming | 1+ employees | 66.67% | 3 days | $2,062 | 10 days | 1 year |
Types of Benefits
Medical Benefits
- All necessary medical treatment
- Hospital and surgical care
- Prescription medications
- Physical therapy and rehabilitation
- Medical equipment and prosthetics
- Travel expenses for treatment
Disability Benefits
- Temporary Total Disability: Unable to work during recovery
- Temporary Partial Disability: Working reduced hours/wages
- Permanent Total Disability: Unable to work permanently
- Permanent Partial Disability: Permanent impairment but can work
Death Benefits
- Burial expenses (usually $5,000-$15,000)
- Dependency benefits for spouse and children
- Typically 66.67% of average weekly wage
- Duration varies by state and dependent status
Coverage Exemptions
Common exemptions across states:
- Independent contractors
- Agricultural workers (some states)
- Domestic workers
- Real estate agents
- Casual employees
- Federal employees (covered by federal program)
- Railroad workers (covered by FELA)
- Maritime workers (covered by Jones Act)
Filing a Claim
- Report Injury: Notify employer immediately
- Seek Medical Care: Get treatment from approved provider
- Document Everything: Keep records of injury and treatment
- File Claim: Submit forms within deadline
- Employer Reports: Employer files with insurance carrier
- Investigation: Carrier investigates claim
- Determination: Accept or deny within state timeframe
- Appeals: Appeal denied claims through state board
Important Considerations
- No-Fault System: Benefits regardless of who caused injury
- Exclusive Remedy: Can't sue employer if covered by workers' comp
- Pre-existing Conditions: Covered if work aggravates condition
- Intoxication: May lose benefits if injured while intoxicated
- Intentional Injuries: Not covered if self-inflicted
- Return to Work: Light duty may be offered during recovery