Wyoming Workers' Compensation: Deadlines, Benefits and How to File
Wyoming workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Wyoming
- Deadline to report the injury
- As soon as practical, but no later than 72 hours after the general nature of the injury becomes apparent, the injured employee must report the accident or injury to the employer in writing or by another approved method. Wyo. Stat. § 27-14-502; Wyo. Dept. of Workforce Services, Injured Workers FAQ
- Deadline to file a claim
- In addition to the injury reports, an application or claim for benefits must be filed within one year after the injury (or, for injuries not readily apparent, within one year after the worker discovers it); Wyo. Stat. § 27-14-503
- Weekly benefit rate
- Wyoming pays temporary total disability monthly (half around the 15th and half around the 30th). The award is the greater of 30% of the statewide average monthly wage or two-thirds of the worker's actual monthly earnings, but not more than the lesser of 100% of the worker's actual… Wyo. Stat. §§ 27-14-403(c), 27-14-404
- Maximum weekly benefit
- Wyoming sets a monthly, not weekly, cap: temporary total disability cannot exceed the statewide average monthly wage for the 12-month period before the quarter of injury (or 100% of the worker's own monthly earnings, if lower), and is at least 30% of that statewide wage (or two-thirds of… Wyo. Stat. § 27-14-403(c)
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Wyoming's workers' compensation act covers employment the law defines as "extrahazardous," a long list of industries identified by federal NAICS codes (for example, logging, mining, utilities, construction and manufacturing, plus many others). The program is administered by the Department of Workforce Services' Workers' Compensation Division. Employers in other industries may elect coverage for all of their employees, and corporations, LLCs, partnerships and sole proprietors may elect coverage for owners and officers. Source: Wyo. Stat. § 27-14-108 |
|---|---|
| Deadline to report the injury | As soon as practical, but no later than 72 hours after the general nature of the injury becomes apparent, the injured employee must report the accident or injury to the employer in writing or by another approved method. The employee must also file an injury report with the employer and the Workers' Compensation Division within 10 days after the injury becomes apparent. Failing to do so creates a presumption that the claim will be denied, which the worker can overcome only by clear and convincing evidence that the employer and Division were not prejudiced. |
| Deadline to file a claim | In addition to the injury reports, an application or claim for benefits must be filed within one year after the injury (or, for injuries not readily apparent, within one year after the worker discovers it); the injury report itself is not a claim. For injuries that develop over a long period, the claim must be filed within one year after a diagnosis is first communicated to the worker or within three years of the last injurious workplace exposure, whichever is later. Source: Wyo. Stat. § 27-14-503 |
| Waiting period | Temporary total disability payments are not allowed for the first three days of disability unless the incapacity lasts more than eight days. Source: Wyo. Stat. § 27-14-404(d) |
Benefits
| Weekly benefit rate | Wyoming pays temporary total disability monthly (half around the 15th and half around the 30th). The award is the greater of 30% of the statewide average monthly wage or two-thirds of the worker's actual monthly earnings, but not more than the lesser of 100% of the worker's actual monthly earnings or the statewide average monthly wage for the 12 months before the quarter in which the injury occurred. Temporary total disability generally may not exceed 24 months for one incident. Temporary light duty pays 80% of the difference between the light-duty wage and pre-injury earnings. |
|---|---|
| Maximum weekly benefit | Wyoming sets a monthly, not weekly, cap: temporary total disability cannot exceed the statewide average monthly wage for the 12-month period before the quarter of injury (or 100% of the worker's own monthly earnings, if lower), and is at least 30% of that statewide wage (or two-thirds of the worker's earnings, if greater). The current dollar amount of the statewide average monthly wage was not found on an official page. Source: Wyo. Stat. § 27-14-403(c) |
| How long benefits last | Temporary total disability benefits for injuries from any one incident or accident may not exceed a cumulative period of 24 months, although the Workers' Compensation Division may award additional benefits in extraordinary circumstances under its rules. Payments stop earlier if the worker's earning power is substantially restored, or once the worker qualifies for permanent partial or permanent total disability benefits and the first monthly payment is issued. A permanent partial impairment award is paid for the number of months equal to the impairment percentage multiplied by 60 months. Permanent total disability is paid monthly for 80 months, reduced by the months of any earlier permanent partial awards for the same injury; extended benefits may be granted after an award is paid in full, subject to statutory limits. |
| Permanent disability | A worker with an ascertainable permanent loss may apply for a permanent partial impairment award; impairment is rated by a licensed physician under the most recent AMA Guides, and the award is paid monthly (at two-thirds of the statewide average monthly wage) for a number of months equal to the impairment percentage times 60. A worker who cannot return to work at 95% of pre-injury earnings and has looked for suitable work may apply for an additional permanent partial disability award based on age, education and work history. Permanent total disability, certified by a physician, is paid monthly for 80 months (less months already paid for permanent partial awards), plus $250 a month for each dependent child. |
| Death benefits | If a worker dies from a work injury, burial expenses are paid up to $5,000, plus up to $5,000 for other related expenses. The surviving spouse receives a monthly payment for 100 months (computed under the statutory formula, with a minimum of 80% of the statewide average monthly wage or 75% of the worker's earnings, whichever is greater, and a maximum of twice the statewide average monthly wage); if the spouse dies or there is none, the balance goes to dependent children. Each child also receives $250 a month (adjusted for inflation) until age 21, or 25 if in post-secondary school, or for life if incapacitated. Dependent parents may qualify if there is no spouse or child. |
Doctors, filing, settlements and appeals
| Choosing a doctor | An employer or the Division may designate health care providers for non-emergency care, but the worker may, for any reason, select another health care provider (with limited exceptions). If the worker chooses a different provider, the employer or Division may require a second opinion. The Department of Workforce Services says that once you select a provider, you cannot change without meeting its stated conditions. |
|---|---|
| How to file | Report the injury to your supervisor immediately (no later than 72 hours), get medical care and tell the provider it is work-related, and file a Wyoming Report of Injury with the Department of Workforce Services' Workers' Compensation Division within 10 days, preferably together with your employer. The Division assigns a nine-digit claim number to give to your health care providers. Claim status is available online through PIERS or by calling (307) 777-7441. |
| Settlements | Wyoming's workers' compensation program is administered by the state Workers' Compensation Division, which reviews and decides claims under its rules. The law allows the employer or the Division to reach a settlement of up to $2,500 in any one case without admitting that the injury was compensable or work-related. Awards to an employee or spouse for permanent partial disability, permanent total disability or death may be paid in whole or in part in a lump sum only on application to the Division showing exceptional necessity, with notice to the employer; an award for permanent partial impairment can never be paid in a lump sum. |
| Appealing a denial | The Workers' Compensation Division issues a final determination on a claim, with reasons and notice of the right to a hearing. Any interested party may request a hearing before a hearing examiner by filing a written request with the Division within 15 days after the notice is mailed; if no determination is made within 60 days after the claim is filed, a hearing may also be requested. Without a timely request, the determination is not subject to further review (though the Division may redetermine a denial within one year). Disputes over medical ratings go to the medical commission's hearing panel. |
| Deadline to challenge a denial | The Workers' Compensation Division issues a final determination with notice of the right to a hearing. Any interested party may request a hearing before a hearing examiner by filing a written request with the Division within 15 days after the notice of final determination was mailed; if the Division has not issued a final determination within 60 days after the claim was filed, a party may also request a hearing. The hearing examiner's decision in a small claims or contested case hearing may be appealed to district court as provided by the Wyoming Administrative Procedure Act. Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. The deadline for the district court petition (set by the Administrative Procedure Act and court rules) was not read. |
| Filing or checking a claim online | Report your injury to your supervisor no later than 72 hours after it happens, and file a Wyoming Report of Injury with the Department of Workforce Services' Workers' Compensation Division within 10 days (by mail to P.O. Box 20207, Cheyenne, WY 82003, email dws-wcintake@wyo.gov, or fax (307) 777-6552); DWS encourages the worker and employer to complete the form together. DWS then assigns a nine-digit claim number to give your health care providers. Check claim information anytime online through the PIERS system, or call (307) 777-7441 or your claims analyst. Report an Injury: https://dws.wyo.gov/dws-division/workers-compensation/injured-workers/report-an-injury/ |
| Lawyer fees in comp cases | In Wyoming workers' compensation contested cases, the Office of Administrative Hearings (OAH) awards attorney fees under W.S. 27-14-602(d) at an hourly rate set by the OAH director. A hearing examiner may appoint an attorney to represent an injured employee; after the final order, the attorney may request reasonable fees and costs at $180 per hour (paralegals $40 per hour), submitted within 90 days with a verified statement and the proposed source of payment (the workers' compensation account, the employee's award, or the employer). |
Lawsuits and uninsured employers
| Suing your employer | Generally no. For employees in covered (extrahazardous) employment, workers' comp rights and remedies replace all other rights and remedies against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. The exclusive remedy does not apply if, at the time of injury, the employer had not qualified for coverage or had not paid the required premium on the worker's earnings within 30 days of the due date. Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. Source: Wyo. Stat. § 27-14-104(a), (c) |
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| Suing someone other than your employer | Yes. A covered worker injured through the legal fault of someone other than the employer keeps comp benefits and may also sue that third party (or a co-employee to the extent allowed). The complaint must be served by certified mail on the director and the attorney general, a jurisdictional requirement, and they must be notified of any judgment or settlement; a third party must give the state 15 days' notice before offering a settlement. On a recovery, the state is reimbursed for comp paid or to be paid, but not more than one-third of the total proceeds, reduced pro rata for attorney fees and costs. Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. Source: Wyo. Stat. § 27-14-105(a), (b) |
| If your employer has no workers' comp | The workers' comp law does not limit an injured worker's right to sue the employer if, at the time of injury, the employer had not qualified for coverage of eligible employees or had not paid the required premium on the worker's earnings within 30 days of the due date (with a timing exception when employment and injury begin in the same month). Read in the Wyoming Legislature's compiled title PDF on wyoleg.gov. Source: Wyo. Stat. § 27-14-104(c) |
Where to get help in Wyoming
Workers' Compensation FAQ
Which employers must have workers' comp in Wyoming?
Wyoming's workers' compensation act covers employment the law defines as "extrahazardous," a long list of industries identified by federal NAICS codes (for example, logging, mining, utilities, construction and manufacturing, plus many others). The program is administered by the Department of Workforce Services' Workers' Compensation Division. Employers in other industries may elect coverage for all of their employees, and corporations, LLCs, partnerships and sole proprietors may elect coverage for owners and officers.
How long do you have to report a work injury in Wyoming?
As soon as practical, but no later than 72 hours after the general nature of the injury becomes apparent, the injured employee must report the accident or injury to the employer in writing or by another approved method. The employee must also file an injury report with the employer and the Workers' Compensation Division within 10 days after the injury becomes apparent. Failing to do so creates a presumption that the claim will be denied, which the worker can overcome only by clear and convincing evidence that the employer and Division were not prejudiced.
What is the deadline to file a workers' comp claim in Wyoming?
In addition to the injury reports, an application or claim for benefits must be filed within one year after the injury (or, for injuries not readily apparent, within one year after the worker discovers it); the injury report itself is not a claim. For injuries that develop over a long period, the claim must be filed within one year after a diagnosis is first communicated to the worker or within three years of the last injurious workplace exposure, whichever is later.
Is there a waiting period for workers' comp in Wyoming?
Temporary total disability payments are not allowed for the first three days of disability unless the incapacity lasts more than eight days.
How much does workers' comp pay in Wyoming?
Wyoming pays temporary total disability monthly (half around the 15th and half around the 30th). The award is the greater of 30% of the statewide average monthly wage or two-thirds of the worker's actual monthly earnings, but not more than the lesser of 100% of the worker's actual monthly earnings or the statewide average monthly wage for the 12 months before the quarter in which the injury occurred. Temporary total disability generally may not exceed 24 months for one incident. Temporary light duty pays 80% of the difference between the light-duty wage and pre-injury earnings.
What is the maximum workers' comp benefit in Wyoming?
Wyoming sets a monthly, not weekly, cap: temporary total disability cannot exceed the statewide average monthly wage for the 12-month period before the quarter of injury (or 100% of the worker's own monthly earnings, if lower), and is at least 30% of that statewide wage (or two-thirds of the worker's earnings, if greater).
Can you choose your own doctor for workers' comp in Wyoming?
An employer or the Division may designate health care providers for non-emergency care, but the worker may, for any reason, select another health care provider (with limited exceptions). If the worker chooses a different provider, the employer or Division may require a second opinion. The Department of Workforce Services says that once you select a provider, you cannot change without meeting its stated conditions.
How does permanent disability work under workers' comp in Wyoming?
A worker with an ascertainable permanent loss may apply for a permanent partial impairment award; impairment is rated by a licensed physician under the most recent AMA Guides, and the award is paid monthly (at two-thirds of the statewide average monthly wage) for a number of months equal to the impairment percentage times 60. A worker who cannot return to work at 95% of pre-injury earnings and has looked for suitable work may apply for an additional permanent partial disability award based on age, education and work history. Permanent total disability, certified by a physician, is paid monthly for 80 months (less months already paid for permanent partial awards), plus $250 a month for each dependent child.
What workers' comp death benefits are available in Wyoming?
If a worker dies from a work injury, burial expenses are paid up to $5,000, plus up to $5,000 for other related expenses. The surviving spouse receives a monthly payment for 100 months (computed under the statutory formula, with a minimum of 80% of the statewide average monthly wage or 75% of the worker's earnings, whichever is greater, and a maximum of twice the statewide average monthly wage); if the spouse dies or there is none, the balance goes to dependent children. Each child also receives $250 a month (adjusted for inflation) until age 21, or 25 if in post-secondary school, or for life if incapacitated. Dependent parents may qualify if there is no spouse or child.
How do you file a workers' comp claim in Wyoming?
Report the injury to your supervisor immediately (no later than 72 hours), get medical care and tell the provider it is work-related, and file a Wyoming Report of Injury with the Department of Workforce Services' Workers' Compensation Division within 10 days, preferably together with your employer. The Division assigns a nine-digit claim number to give to your health care providers. Claim status is available online through PIERS or by calling (307) 777-7441.
How do you appeal a denied workers' comp claim in Wyoming?
The Workers' Compensation Division issues a final determination on a claim, with reasons and notice of the right to a hearing. Any interested party may request a hearing before a hearing examiner by filing a written request with the Division within 15 days after the notice is mailed; if no determination is made within 60 days after the claim is filed, a hearing may also be requested. Without a timely request, the determination is not subject to further review (though the Division may redetermine a denial within one year). Disputes over medical ratings go to the medical commission's hearing panel.
How long can you receive workers' comp in Wyoming?
Temporary total disability benefits for injuries from any one incident or accident may not exceed a cumulative period of 24 months, although the Workers' Compensation Division may award additional benefits in extraordinary circumstances under its rules. Payments stop earlier if the worker's earning power is substantially restored, or once the worker qualifies for permanent partial or permanent total disability benefits and the first monthly payment is issued. A permanent partial impairment award is paid for the number of months equal to the impairment percentage multiplied by 60 months. Permanent total disability is paid monthly for 80 months, reduced by the months of any earlier permanent partial awards for the same injury; extended benefits may be granted after an award is paid in full, subject to statutory limits.
How do workers' comp settlements work in Wyoming?
Wyoming's workers' compensation program is administered by the state Workers' Compensation Division, which reviews and decides claims under its rules. The law allows the employer or the Division to reach a settlement of up to $2,500 in any one case without admitting that the injury was compensable or work-related. Awards to an employee or spouse for permanent partial disability, permanent total disability or death may be paid in whole or in part in a lump sum only on application to the Division showing exceptional necessity, with notice to the employer; an award for permanent partial impairment can never be paid in a lump sum.
How do I file or check a workers' comp claim online in Wyoming?
Report your injury to your supervisor no later than 72 hours after it happens, and file a Wyoming Report of Injury with the Department of Workforce Services' Workers' Compensation Division within 10 days (by mail to P.O. Box 20207, Cheyenne, WY 82003, email dws-wcintake@wyo.gov, or fax (307) 777-6552); DWS encourages the worker and employer to complete the form together. DWS then assigns a nine-digit claim number to give your health care providers. Check claim information anytime online through the PIERS system, or call (307) 777-7441 or your claims analyst.
How much can a workers' comp lawyer charge in Wyoming?
In Wyoming workers' compensation contested cases, the Office of Administrative Hearings (OAH) awards attorney fees under W.S. 27-14-602(d) at an hourly rate set by the OAH director. A hearing examiner may appoint an attorney to represent an injured employee; after the final order, the attorney may request reasonable fees and costs at $180 per hour (paralegals $40 per hour), submitted within 90 days with a verified statement and the proposed source of payment (the workers' compensation account, the employee's award, or the employer).
Can you sue your employer for a work injury in Wyoming?
Generally no. For employees in covered (extrahazardous) employment, workers' comp rights and remedies replace all other rights and remedies against a contributing employer and co-employees acting within the scope of employment, unless a co-employee intentionally acted to cause physical harm. The exclusive remedy does not apply if, at the time of injury, the employer had not qualified for coverage or had not paid the required premium on the worker's earnings within 30 days of the due date.
Can you sue a third party for a work injury in Wyoming?
Yes. A covered worker injured through the legal fault of someone other than the employer keeps comp benefits and may also sue that third party (or a co-employee to the extent allowed). The complaint must be served by certified mail on the director and the attorney general, a jurisdictional requirement, and they must be notified of any judgment or settlement; a third party must give the state 15 days' notice before offering a settlement. On a recovery, the state is reimbursed for comp paid or to be paid, but not more than one-third of the total proceeds, reduced pro rata for attorney fees and costs.
What if my employer doesn't have workers' comp insurance in Wyoming?
The workers' comp law does not limit an injured worker's right to sue the employer if, at the time of injury, the employer had not qualified for coverage of eligible employees or had not paid the required premium on the worker's earnings within 30 days of the due date (with a timing exception when employment and injury begin in the same month).
How long do you have to appeal a denied workers' comp claim in Wyoming?
The Workers' Compensation Division issues a final determination with notice of the right to a hearing. Any interested party may request a hearing before a hearing examiner by filing a written request with the Division within 15 days after the notice of final determination was mailed; if the Division has not issued a final determination within 60 days after the claim was filed, a party may also request a hearing. The hearing examiner's decision in a small claims or contested case hearing may be appealed to district court as provided by the Wyoming Administrative Procedure Act.
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