Workers' Compensation Statutes of Limitation by State
Created by FindLaw's team of legal writers and editors | Last reviewed December 03, 2018
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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.
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 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) |
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. For example, 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.
Next Steps
Contact a qualified workers' compensation attorney to make sure your rights are protected.