Workers' Compensation Statutes of Limitation by State
Key Takeaways
A workers’ compensation statute of limitations is a legal deadline that sets the maximum time an injured worker has to file a formal claim through their employer’s workers’ compensation insurance. Every state sets its own deadline, and missing it can mean permanently losing your right to workers’ compensation benefits.
This deadline is different from the separate, much shorter deadline for notifying your employer about a work-related injury. You may only have a few days to report a workplace injury to your supervisor, but a year or more to file the official workers’ compensation claim. This time limit is known as the statute of limitations.
The specific time limit often depends on the type of injury. For example, most states provide more time to file a claim for an occupational disease (like hearing loss that develops over years) than for a single traumatic injury (like a fall).
Missing your state’s deadline to file a claim could mean losing your right to medical benefits and compensation for lost wages. If you have questions about a work-related injury, a local workers’ compensation attorney can ensure you meet all critical deadlines and advocate for the benefits you deserve.
State Deadlines for Filing a Workers’ Compensation Claim
The following table lists the workers’ compensation statutes of limitations by state. Deadlines can have exceptions and are subject to change, so it’s always best to confirm the current law in your jurisdiction.
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State |
Statute of Limitations for Filing a Claim |
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Within two years from the date of injury or the date of the last compensation payment. |
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Within two years after the employee has knowledge of the nature of their disability; you must notify the employer of the injury within 30 days. |
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Within one year of the date of injury. |
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Within two years of the injury or within one year from the date of the last compensation payment. |
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Within one year from the date of injury. |
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Within two years from the date of injury or within three years with a compelling reason. |
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Within one year from the date of injury or within three years from the first manifestation of symptoms for occupational disease claims. |
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Within two years from the date of injury. |
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Within one year from the date of injury. |
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Within two years from the date of injury or one year after the last date benefits were received. |
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Within one year of the accident date or within two years after the date of the last payment of weekly benefits; for death benefits, within one year from death. |
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Within two years after the date at which the effects of the injury have manifested or within five years after the date of the accident that caused the injury. |
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Within one year after the date of the accident; in a death, one year after the date of death. |
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Within three years from the date of injury or within two years after the last payment of compensation. |
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Within two years from the date of injury or within two years after the last date of compensation paid. |
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Within two years from the date of injury or within three years after the last date of compensation paid. |
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Within three years of the date of the accident/injury or within two years of the date of the last payment of compensation. |
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Within two years of the date of injury or within one year after the last payment of compensation or within two years from the date of the last voluntary workers’ compensation indemnity payment. |
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Within one year from the date of injury or within one year from the date a disability develops, but no later than three years from the date of the last payment to file for additional medical treatment. |
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Within two years of the date of the injury. |
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Within two years from the date of injury, within two years from the date of death (for death benefits), or within one year after the employee has reason to believe they have an occupational disease. |
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Within four years of the date that the employee becomes aware of the connection between their injury or illness and their employment. |
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Within two years of the date of injury or the date the disability manifests itself. |
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Within three years after the employer files a First Report of Injury with the Minnesota Department of Labor and Industry, or within six years of the date of injury if the employer did not file that report. |
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Within two years of the date of injury. |
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Within two years of the date of injury or within one year from the last date of payment. |
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Within one year of the date of injury or within two years if the claimant shows a lack of knowledge of the injury, latent injury, or equitable estoppel. |
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Within two years of the date of the accident or the date of last payment of compensation (either medical or indemnity payments). |
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Within 90 days from the date of the injury or the date the employee first noticed the onset of an occupational disease; the employee must complete a Form C-4 and have the medical provider sign and date it. |
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Within three years from the date of injury; if an injury or illness is not immediately recognized, within three years from the date the claimant knew or reasonably should have known its nature, serious nature, and probable compensable character. |
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Within two years from the date of injury or last payment of compensation. |
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Within one year after the employer’s insurance provider has started (or failed) to pay the employee. |
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Within two years from the date of injury or last payment of compensation. |
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Within two years from the date of injury, Form 18 must be filed with the state’s Industrial Commission. |
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Within one year from the date of injury or death; if the employer fails to file its injury report, within two years from the date of injury or death. |
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Within one year from the date of injury or death; for an occupational disease, within two years after disability due to the disease began. |
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Within one year from the date of injury or death; if the employer pays compensation or wages in lieu of compensation, or provides medical treatment, within one year after the last such payment, wages, or treatment, subject to a five-year limit from the date of injury. |
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Within one year from the date of injury; a request for a hearing on a claim denial generally must be filed within 60 days after the denial is mailed, although the period may be extended to 180 days for good cause. |
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Within three years from the date of the injury. |
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Within two years from the date of injury or manifestation of the injury. |
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Within two years of the date of the accident, the date of the diagnosis, or the date the employee discovered or could have reasonably discovered the injury or illness. |
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Within two years from the date of the injury, or within one year after the last payment of compensation. |
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Within one year from the date the injury occurred or the date that the last temporary disability benefits were provided for the injury. |
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Within one year from the date of injury or within one year from the date the employee knew, or should have known, about an occupational illness. |
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Within one year from the date of injury or within one year from the date that the employee knew, or should have known, about an occupational illness. |
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Written notice of an injury generally must be given within six months, subject to exceptions including the employer’s knowledge of the injury; a claim for compensation generally must be initiated within six years after the injury. |
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Within two years from the date of injury or within five years of the date you were last exposed at work. |
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Within one year from the date of injury or within two years from the date of a doctor’s diagnosis for occupational disease claims. |
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Within six months from the date of injury, within three 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. |
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Within 12 years for occupational diseases and within six years if it is a traumatic injury occurring after March 2, 2016. |
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Within one year from the date of injury, within one year after a diagnosis is first communicated to the employee, or within three years from the date of last exposure to the hazard. |
Questions About Workers’ Compensation Statute of Limitations in Your State? Ask a Lawyer
Even with the right information, workers’ compensation claims can sometimes get very confusing. If you have questions about your claim or the statute of limitations for workers’ comp claims, consider speaking with a local attorney experienced in workers’ compensation cases.
Because state law is relevant in workers’ comp cases, your attorney should also be licensed in the state where you work. FindLaw’s directory of workers’ compensation lawyers can connect you with qualified legal help in your area. Select your state or city to review contact and ratings information for local attorneys. Then, reach out and enlist the help of a trusted advisor.
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