Workers’ Compensation Statute of Limitations by State
Depending on which state you live and work in, there is a different statute of limitations for you to file for workers’ compensation following a workplace injury. Understanding the process of filing and the nature of your claim is crucial for it to be a success.
Workers’ Compensation Statute of Limitations by State
- Alabama — Within 2 years from the date of injury or the date of the last compensation payment.
- Alaska — You have 30 days to give notice of injury or death to the board and the employer.
- Arizona — 1 year of the date of injury.
- Arkansas — 2 years of the injury, or 1 year from the date of the last paid compensation.
- California — 1 year from the date of injury.
- Colorado — 2 years from the date of injury.
- Connecticut — 1 year from the date of injury, or 3 years from the first symptoms for occupational disease claims.
- District of Columbia — 1 year from the date of injury.
- Delaware — 2 years from the date of injury, or 5 years from the date of the last benefit payment once a claim is acknowledged.
- Florida — 2 years from the date of injury, or 1 year after the last date of received benefits.
- Georgia — 1 year of the accident date.
- Hawaii — 2 years from the first symptoms of an injury, or 5 years after the date of the accident that caused the injury.
- Idaho — No time limit for the initial claim. 1 year from the date of the last payment if you have been receiving benefits for more than 4 years.
- Illinois — 2 years from the last payment of compensation from your employer, or 3 years from the date of your injury (whichever is longer).
- Indiana — 2 years after the last date of paid compensation, or 2 years from the date of injury.
- Iowa — 2 years from the date of injury, or within 3 years after the last date of compensation paid.
- Kansas — 200 days from the date of the accident, or 200 days after the last payment of benefits.
- Kentucky — 2 years of the injury date, or the last voluntary payment of disability income benefits (whichever is longer).
- Louisiana — 1 year from the date of injury, or within 1 year from the date a disability develops, but no later than 2 years from the date the accident occurred.
- Maine — 2 years from the date that the employer is required to file a First Report, or the date of injury if a First Report is not required.
- Maryland – 2 years from the date of injury; – 18 months from the date of death (in case of death benefits); – 1 year after you have reason to believe you have an occupational disease.
- Massachusetts — 4 years of the date that an employee becomes aware of the connection between their disability and their employment.
- Michigan — 2 years of the date of injury
- Minnesota — 3 years of the date of the injury if the employer has filed a First Report of Injury with the Minnesota Departments of Labor and Industry or 6 years of the injury date.
- Mississippi — 2 years of the injury date. In case of reopening a claim, you have 1 year after correctly filling a Form B-31 or 1 year after a claim denial.
- Missouri — 2 years of the date of injury or 1 year from the last benefits payment (whichever comes later).
- Montana — 1 year of the date of injury, or 2 years if the claimant proves no knowledge of the injury, latent injury, or equitable estoppel.
- Nebraska — 2 years of the accident date, or the date of last compensation payment (either indemnity or medical payments).
- Nevada — You need to fill out Form C-4 and your medical provider must sign it (the date should be within 90 days of the injury date or the date you first noticed symptoms).
- New Hampshire — 2 years from the injury date. If the injury or illness is not immediately recognized, the claimant must provide notice on the date they first discover it.
- New Jersey — 2 years of injury date or last compensation payment (whichever is later).
- New Mexico — 1 year after the employer’s insurance provider has started (or failed) to make payments to you.
- New York — 2 years of injury date or last compensation payment (whichever is later).
- North Carolina — you must file Form 18 with the state’s Industrial Commission within 2 years of the injury date.
- North Dakota — 1 year from the injury date.
- Ohio — 2 years from the injury date or after the disability began, or 6 months after the illness was diagnosed (for occupational disease claims).
- Oklahoma — 2 years of injury or death date, or 2 years of authorized medical care/the date of compensation payment.
- Oregon — 2 years of injury date or 180 days from the claim denial date.
- Pennsylvania — 3 years from the injury date. If your benefits are terminated, you have 3 years to seek reinstatement or 300 weeks from the date of last exposure.
- Rhode Island — 2 years of injury date (exceptions are possible).
- South Carolina — 2 years of the accident date, the date of the diagnosis, or the date the employee discovered the injury/illness.
- South Dakota — 1 year of injury date. The deadline could be extended if your employer has provided medical treatment for you.
- Tennessee — you have to file Form C40B within 1 year from the injury date.
- Texas — 1 from the date of injury or the date the employee found the first symptoms of an occupational illness.
- Utah — 1 year from the injury date.
- Vermont — 6 months from the injury date, but you can pursue a claim after that deadline if you can prove your employer knew about the injury.
- Virginia — 2 years after the injury date.
- Washington — 1 year from the injury date.
- West Virginia — 6 months from the injury date or within 3 years from the last date you were exposed to the occupational hazard.
- Wisconsin — 2 years from the injury date or within 12 years if the employer knew (or should have known) about the injury. There is no statute of limitations for workers’ compensation in Wisconsin for certain traumatic injuries and occupational diseases.
- Wyoming —1 year from the injury date or after the diagnosis was first communicated to you, or 3 years from the last exposure to the hazard (whichever occurs later).
To ensure your workers’ compensation claim goes through, it is best to partner with an experienced attorney who will guide you every step of the way. Legal Chiefs’ wide network of legal professionals is just a click away!
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Workers Comp FAQ
What is workers’ compensation?
Worker’s compensation insurance (often referred to as worker’s comp) aims to protect businesses and their employees from financial loss due to injuries on the job or sickness from a work-related issue. This type of insurance helps protect employees from potentially devastating costs following work-related issues - while at the same time protecting employers from crippling bills based on workers comp claims.
What is covered by worker’s compensation insurance?
Another common question is, what type of injuries are included in worker’s comp insurance? It usually covers medical expenses, ongoing care costs, lost wages, and even funeral expenses in the unlikely event of an employee getting hurt, becoming sick, or dying due to a work-related illness or accident.
What does workers’ comp not cover?
Although the goal of worker’s compensation is to help businesses and workers in the event of a covered loss, some situations can occur at the workplace that are not covered by the insurance. These typically vary from state to state, but below are several examples that are generally not covered by most worker’s compensation plans: ● Injuries that were sustained due to the employee being intoxicated while on the job ● Injuries received during a fight that the employee started ● Injuries that an employee gets intentionally ● Emotional damages that were not caused and accompanied by a physical workplace trauma
Who is responsible for paying for worker’s compensation benefits?
Businesses that don’t pay for benefits usually purchase this type of insurance to take care of the benefits for employees. Except for Texas and New Jersey, where worker’s comp is elective, the other states require businesses to carry such insurance. It’s not the responsibility of employees to pay for worker’s compensation benefits. The cost of this coverage largely depends on several factors, including: ● Business size ● On-the-job risks ● State laws ● Type of work employees have to perform
When do I report a workplace injury?
The best time to report an injury is as soon as it happens. You need to immediately notify your direct supervisor, your HR department, and your employer. Sometimes, you may not realize you’ve been injured until days after the accident, so it’s generally best to notify your employer within the first two weeks of the incident. Since worker’s comp is no-fault, you have no reason to wait, and you don’t have to worry about collecting evidence and building a case. All you need to do is report what happened to your supervisor and employer and get medical treatment quickly.
How much time do I have to file a claim?
Typically, there is a two-year maximum period that applies to worker’s compensation claims. The time is calculated from the moment the injury or illness occurred or the date of the last compensation payment (whichever is the more recent event). If the claim is related to a long-term condition or illness, the claim must be filed within the first two years of the affected employee becoming aware of that condition. For example, if you have suffered hearing loss due to working at a noisy workplace, this means you have two years from the date you realized your problem to file a claim. What happens if my employer denies my worker’s compensation claim? If your employer’s insurance company rejects your claim, you will usually be notified by a letter detailing the reasons for the denial. The letter will ideally include more details about the process of appealing as well. If it doesn’t, it’s likely that you can find that information on the insurer’s website. Be sure to check all details, especially the deadline for filing an appeal, so that you don’t miss your opportunity to appeal. The most common reasons for an insurance company to deny a worker’s compensation claim include: ● You failed to report your injury on time ● There were no witnesses to the injury ● Your medical records show you had alcohol or drugs in your system when the accident happened ● Your accident report and medical records are inconsistent ● You didn’t cooperate with the insurance agency or sign necessary authorizations ● You filed a claim after you were laid off or fired In addition to these, there are other reasons why an insurance company would deny your claim based on the specifics of your case.