Workers' Compensation Statutes of Limitation by State

By Jade Yeban, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed March 19, 2024

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Workers' compensation is a way for workers to get help if they get hurt on the job. Think of it as a safety net. If you have a work injury, you can get compensation for things like medical bills and time off work. But there are rules to follow. One important rule is the amount of time you have to ask for these benefits. This is where something called the statute of limitations comes in.

This article briefly overviews statutes of limitations. It discusses the concept of workers' compensation in America. Finally, it also provides the statute of limitations for workers' compensation claims in every state.

What Are Statutes of Limitations?

Statutes of limitations are like a countdown clock. They tell you how much time you have to do something. In the case of workers' compensation law, they tell an injured worker how much time they have to file a claim for workers' comp benefits. If you don't file in that amount of time, you might be unable to get help.

Statutes of limitations dictate how soon you must file a claim for workers' compensation benefits after a workplace injury has occurred. States also have deadlines for notifying one's employer about a workplace injury. These deadlines are much shorter, 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.

Keep in mind that 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.

Workers' Compensation Generally

When you get a job injury, you should tell your supervisor right away. Then, you may need to talk to the insurance company that handles workers' compensation insurance. They can help you with things like medical benefits to pay for doctors or disability benefits if you can't work for a while. Getting hurt at work can mean a lot of medical bills. Workers' comp benefits can help pay those. They can also help with other things like money for time off work or if you have a long-term personal injury.

Different rules apply to different situations. For example, the rules for car accidents at work might be different from other types of incidents. The department of labor in your state can provide more details and resources for the rules in your jurisdiction.

The insurance carrier ensures that everyone who should get help receives the help they need. That means they must make things, like forms, easy to use—a concept called “accessibility." If you have questions about things like eligibility or how to go about filing a claim, you can get legal help.

State Deadlines for Filing a Workers' Compensation Claim

The following table lists the workers' compensation statutes of limitation by state.

Alabama Within 2 years from the date of injury or the date of the last compensation payment
Alaska Within 2 years after the employee has knowledge of the nature of their disability; you must notify the employer of the injury within 30 days
Arizona Within 1 year of the date of injury
Arkansas Within 2 years of the injury or within 1 year from the date of the last compensation payment
California Within 1 year from the date of injury
Colorado Within 2 years from the date of injury or within 3 years with a compelling reason
Connecticut Within 1 year from the date of injury or within 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
Florida Within 2 years from the date of injury or 1 year after the last date of received benefits
Georgia Within 1 year of the accident date or within 2 years after the date of the last payment of weekly benefits; for death benefits, within 1 year from death
Hawaii Within 2 years after the date at which the effects of the injury have manifested or within 5 years after the date of the accident that caused the injury
Idaho Within 1 year to file a claim after the date of the accident; in the event of a death, 1 year after the date of death
Illinois Within 3 years from the date of injury
Indiana Within 2 years from the date of injury or within 2 years after the last date of compensation paid
Iowa Within 2 years from the date of injury or within 3 years after the last date of compensation paid
Kansas Within 3 years of the date of the accident/injury or within 2 years of the date of the last payment of compensation
Kentucky Within 2 years of the date of injury or within 2 years from the date of the last voluntary workers' compensation indemnity payment
Louisiana Within 1 year from the date of injury or within 1 year from the date a disability develops, but no later than 3 years from the date of the last payment to file for additional medical treatment
Maine Within 2 years of the date of the injury
Maryland Within 2 years from the date of injury, within 2 years from the date of death (for death benefits), or within 1 year after the employee has reason to believe they believe they have an occupational disease
Massachusetts Within 4 years of the date that the employee becomes aware of the connection between their injury or illness and their employment
Michigan Within 2 years of the date of injury or the date the disability manifests itself
Minnesota Within 3 years of the date of injury if the employer filed a First Report of Injury with the Minnesota Dept. of Labor and Industry or within 6 years of the date of injury
Mississippi Within 2 years of the date of injury
Missouri Within 2 years of the date of injury or within 1 year from the last date of payment
Montana Within 1 year of the date of injury or within 2 years if the claimant shows a lack of knowledge of the 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 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
New Hampshire Within 2 years from the date of injury; in cases where an injury or illness is not immediately recognized, the claimant must provide notice of the date they know 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
New Mexico Within 1 year after the employer's insurance provider has started (or failed) to pay the employee
New York Within 2 years from the date of injury or last payment of compensation
North Carolina Within 2 years from the date of injury, Form 18 must be filed with the state's Industrial Commission
North Dakota Within 1 year from the date of injury or within 2 years after the death
Ohio Within 1 year from the date of injury, or 2 years if you were diagnosed with an occupational disease, then two years after a disability began
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 the injury
Rhode Island Within 2 years from the date of injury or manifestation of the injury
South Carolina Within 2 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
South Dakota Within 1 year from the date of the accident, but the deadline may be extended if your employer has provided medical treatment for the injury or if you are able to keep working
Tennessee Within 1 year from the date the injury occurred or the date that the last temporary disability benefits were provided for the injury
Texas Within 1 year from the date of injury or 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 or within 1 year from the date that the employee knew, or should have known, about an occupational illness
Vermont Within 6 months from the date of injury; this can be extended if the employee can prove the employer had prior knowledge of the precipitating incident
Virginia Within 2 years from the date of injury or within 5 years of the date you were last exposed at work
Washington Within 1 year from the date of injury or within 2 years from the date of a doctor's diagnosis for occupational disease claims
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 12 years for occupational diseases and within 6 years if it is a traumatic injury occurring after March 2, 2016
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

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. You may need to appeal your claim after an initial denial. If you have questions about your claim or the statute of limitations for workers' comp claims, it's best to talk to a local workers' compensation lawyer today.

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