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Workers' Compensation Statute of Limitations by State

Statutes of limitations dictate how soon you must file a claim for workers' compensation benefits after a workplace injury has occurred. States also have much shorter deadlines for notifying one's employer with regard to a workplace injury (typically ranging from 30 to 60 days, but sometimes less). So while you may have two years to file your claim, for instance, you may only have 30 days in which to inform your employer.

Also, keep in mind that the workers' compensation statutes of limitations often depend on the nature of a given claim. For example, most states give you more time to file a claim for an occupational disease that developed over time if you didn't discover the illness until much later.

The following table lists the workers' compensation statutes of limitations by state. See FindLaw's Workers' Compensation Basics section for more articles.

Alabama
Within 2 years from the date of injury or 2 years from the date of last compensation payment

Alaska

Notice of an injury or death shall be given within 30 days to the board and to the employer
Arizona Within one 1 year of the date of injury
Arkansas Within 2 years of the injury or within 1 year from the date of last compensation payment
California Within 1 year from the date of injury
Colorado Within 2 years from the date of injury
Connecticut Within 1 year from the date of injury; 3 years from the first manifestation of symptoms for occupational disease claims
District of Columbia Within 1 year from the date of injury
Delaware Within 2 years from the date of injury; 5 years from date of last benefit payment once claim is acknowledged
Florida Within 2 years from the date of injury or 1 year after last date of received benefits
Georgia Within 1 year of the accident date
Hawaii Within 2 years after the date at which the effects of the injury have become manifest, and within 5 years after the date of the accident which caused the injury
Idaho No time limit for the initial claim; within 1 year from date of last payment if benefits have been paid for more than 4 years
Illinois 2 years from the last payment of compensation from your job, or 3 years from the date of your injury (whichever is longer)
Indiana Within 2 years from the date of injury; within 2 years after last date of compensation paid
Iowa Within 2 years from the date of injury; within 3 years after last date of compensation paid
Kansas Within 200 days from the date of the accident; within 200 days after last payment of benefits
Kentucky Within 2 years of the date of injury or last voluntary payment of disability income benefits, whichever is later
Louisiana Within 1 year from the date of injury; within 1 year from the date a disability develops, but no later than 2 years from the date of an accident
Maine Within 2 years from the date an employer is required to file a First Report (1 or more days of lost time) or the date of injury if no First Report is required
Maryland Within 2 years from the date of injury; within 18 months from the date of death (for death benefits); within 1 year after employee has reason to believe he or she has an occupational disease
Massachusetts Within 4 years of the date an employee becomes aware of the causal connection between their disability and their employment
Michigan Within 2 years of the date of injury
Minnesota Within 3 years of the date of injury if employer filed a First Report of Injury with the Minnesota Dept. of Labor and Industry; otherwise, within 6 years of the date of injury
Mississippi Within 2 years of the date of injury; if reopening a claim, 1 year following correct filing of Form B-31 or within 1 year of claim denial
Missouri Within 2 years of the date of injury or within 1 year from the last date of payment, whichever is later
Montana Within 1 year of the date of injury; within 2 years if claimant shows lack of knowledge of injury, latent injury, or equitable estoppel
Nebraska Within 2 years of the date of the accident or the date of last payment of compensation (either medical or indemnity payments)
Nevada You must fill out Form C-4, and have the medical provider sign and date it within 90 days from the date of your injury or the date you first noticed the onset of an occupational disease
New Hampshire Within 2 years from the date of injury; in cases where an injury or illness is not immediately recognized, claimant must provide notice the date he or she knows, or should have known, of the nature of the injury
New Jersey Within 2 years from the date of injury or last payment of compensation, whichever is later
New Mexico Within 1 year after employer's insurance provider has started (or failed) to pay you
New York Within 2 years from the date of injury or last payment of compensation, whichever is later
North Carolina Form 18 must be filed with the state's Industrial Commission within 2 years from the date of injury
North Dakota Within 1 year from the date of injury (date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred)
Ohio Within 2 years from the date of injury; within 2 years after the disability began or 6 months after the illness was diagnosed for an occupational disease claim
Oklahoma Within 2 years from the date of injury or death; within 2 years from the date of payment of any compensation or wages in lieu of compensation; or within 2 years of authorized medical care
Oregon Within 2 years from the date of injury, or within 180 days from the date of a claim denial
Pennsylvania Within 3 years from the date of injury; if benefits terminated, claimant has 3 years to seek reinstatement; 300 weeks from the date of last exposure for occupational disease claims
Rhode Island Within 2 years from the date of injury in most cases (statute allows for flexibility, depending on the nature of the case)
South Carolina Within 2 years of the date of the accident; the date of the diagnosis (if an occupational disease claim); or the date the employee discovered, or could have reasonably discovered, the injury or illness
South Dakota Within 1 year from the date of the accident; deadline may be extended if your employer has provided medical treatment for the injury or if you are able to keep working
Tennessee Form C40B must be filed within one year from the date of injury
Texas Within 1 year from the date of injury; within 1 year from the date the employee knew, or should have known, about an occupational illness
Utah Within 1 year from the date of injury
Vermont Within 6 months from the date of injury; worker may pursue claim after 6-month time limit with proof the employer/carrier had prior knowledge of the injury
Virginia Within 2 years from the date of injury (no extensions offered if injury or illness was discovered after the claim deadline)
Washington Within 1 year from the date of injury
West Virginia Within 6 months from the date of injury; within 3 years from the last date the worker was exposed to the hazard or the date the person should have reasonably known they had an occupational disease
Wisconsin Within 2 years from the date of injury; within 12 years if the employer knew or should have known about the injury; no statute of limitations for occupational disease and certain traumatic injuries
Wyoming Within 1 year from the date of injury; within 1 year after a diagnosis is first communicated to the employee; or within 3 years from the date of last exposure to the hazard (whichever occurs last)

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Even with the right information, workers' compensation claims can sometimes get very confusing. For example, you may need to appeal your claim after an initial denial. If you have questions about your claim, the statute of limitations for workers' comp claims, or believe you may need a lawyer, have a seasoned workers' comp attorney review your claim today. It's free, with no obligation.

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