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Workers Compensation Deadlines – All 50 States

If you have been injured at work, you need to be aware of the deadlines that apply to workers compensation claims in your state.

In most states, there are two types of workers compensation deadlines. The first is a deadline to report your injury or illness to your employer, and the second is a deadline for filing a claim for benefits. If you miss either of these deadlines, you could lose your benefits eligibility.

Use the chart below to learn about the deadlines in your state.

State

Report the Accident to Your Employer in Writing*

File a Workers’ Compensation Claim**

State Statute and Agency Resource Links
Alabama 5 days of injury and 90 days of the accident 2 years Alabama Guide to Benefits and Claims Filing and Alabama Workers’ Compensation Law (Alabama Code Title 25, Section 5)
Alaska 30 days 2 years Alaska Workers’ Compensation and You and Alaska Statutes Section 23.30.105
Arizona As soon as possible 1 year Industrial Commission of Arizona Claims Division – Filing a Claim and Arizona Workers’ Compensation Law (Arizona Statutes Title 23, Section 901)
Arkansas As soon as possible 2 years Arkansas Workers’ Compensation Questions & Answers and Arkansas Workers’ Compensation Law (Arkansas Code Annotated Title 11, Chapter 9)
California 30 days 1 year California Department of Industrial Relations, Workers’ Compensation and California Workers’ Compensation Law (California Labor Code Division 4, Sections 3200-6002)
Colorado 4 days (to maintain full benefits eligibility) 2 years Colorado Workers’ Compensation – Injured Workers and Colorado Workers’ Compensation Law (Colorado Statutes Title 8, Articles 14.5, 40-47, 55, 67)
Connecticut As soon as possible 1 year (3 years for occupational illnesses) Connecticut Workers’ Compensation Commission Information Packet and Connecticut Workers’ Compensation Law (Connecticut Statutes Chapter 568)
Delaware As soon as possible 2 years Delaware Division of Industrial Affairs – Frequently Asked Questions and Delaware Workers’ Compensation Law (Delaware Code Title 19, Chapter 23)
Florida 30 days 2 years Florida Division of Workers’ Compensation – How to Report an Injury and Florida Workers’ Compensation Law (Florida Statutes Title XXXI, Chapter 440)
Georgia 30 days 1 year Georgia State Board of Workers’ Compensation – FAQs and Georgia Workers’ Compensation Law (Georgia Code Title 34, Chapter 9)
Hawaii As soon as possible 5 years (and within 2 years of manifestation of symptoms) Hawaii Disability Compensation Division – About Workers’ Compensation and Hawaii Workers’ Compensation Law (Hawaii Administrative Rules, various sections)
Idaho 60 days None Idaho Industrial Commission – Injured Worker FAQs and Idaho Workers’ Compensation Law (Idaho Statutes Title 72)
Illinois 45 days 3 years Illinois Workers’ Compensation Commission and Illinois Workers’ Compensation Law (820 Illinois Compiled Statutes (ILCS) 305)
Indiana 30 days 2 years Worker’s Compensation Board of Indiana – Who is Eligible? and Indiana Workers’ Compensation Law (Indiana Code Title 22, Article 3)
Iowa 90 days 2 years Iowa Guide to Workers’ Compensation and Iowa Workers’ Compensation Law (Iowa Code Chapter 85)
Kansas 200 days 200 days Workers Compensation Information for Kansas Employers and Employees and Kansas Workers’ Compensation Law (Kansas Statutes Chapter 44, Article 5)
Kentucky As soon as possible 2 years Kentucky Workers’ Compensation Law (Kentucky Revised Statutes Chapter 342)
Louisiana 30 days 1 year (up to 2 years for the non-immediate onset of disability) Louisiana Workers’ Compensation Law (Louisiana Revised Statutes Chapter 23, Section 1020 et seq.)
Maine 30 days 2 years Maine Office of Workers’ Compensation – Other Questions with Answers and Facts about Maine’s Workers’ Compensation Law
Maryland 10 days 2 years (1 year following the discovery of occupational illness) Maryland Workers’ Compensation Commission and Maryland Workers’ Compensation Law (Maryland Annotated Code Labor and Employment Article, Title 9)
Massachusetts As soon as possible 4 years from discovery or causation Mass.gov – Check Eligibility for Workers’ Compensation Benefits and Massachusetts Workers’ Compensation Law (Massachusetts General Laws Chapter 152)
Michigan 90 days 2 years Michigan Workers’ Compensation Agency and Michigan Workers’ Compensation Law (Michigan Compiled Laws Section 418.301 et seq.)
Minnesota As soon as possible 6 years (or 3 years from employer filing First Report of Injury) An Employee’s Guide to the Minnesota Workers’ Compensation System and Minnesota Workers’ Compensation Law (Minnesota Statutes Chapter 176)
Mississippi 30 days 2 years Mississippi Workers’ Compensation Facts and Mississippi Workers’ Compensation Law (Mississippi Code Title 71, Chapter 3)
Missouri 30 days 2 years Missouri Department of Labor – Report Your Injury and Missouri Workers’ Compensation Law (Missouri Revised Statutes Title XVIII, Chapter 287)
Montana 30 days (1 year for occupational illnesses 1 year (or 2 years for latent injury) Montana Department of Labor & Industry – File a Work Comp Claim and Montana Workers’ Compensation Law (Montana Codes Annotated Title 39, Chapter 71)
Nebraska As soon as possible 2 years Nebraska Department of Insurance – Workers’ Compensation and Nebraska Workers’ Compensation Law (Nebraska Revised Statutes Chapter 48)
Nevada 7 days 90 days from injury or discovery of occupational illness Nevada Workers’ Compensation Claims Processing Time Frames and Nevada Workers’ Compensation Law (Nevada Revised Statutes Chapters 616A-617)
New Hampshire 2 years 3 years New Hampshire Department of Labor – Timeframe for Filing a Claim and New Hampshire Workers’ Compensation Law (New Hampshire Statutes Chapter 281-A)
New Jersey 14 days 2 years New Jersey Department of Labor and Workforce Development – Filing a Claim and New Jersey Department of the Treasury – Workers Compensation
New Mexico 15 days 1 year from the claim denial New Mexico Workers’ Compensation Administration – Claims Process and New Mexico Workers’ Compensation Law (New Mexico Statutes Chapter 52)
New York 30 days 2 years New York Workers’ Compensation Board – Understanding the Claims Process and New York Workers’ Compensation Law
North Carolina 30 days 2 years North Carolina Industrial Commission and North Carolina Workers’ Compensation Law (North Carolina Statutes Chapter 97)
North Dakota 7 days 1 year from injury or discovery North Dakota Workforce Safety & Insurance – If You Have an Injured Employee and Filing a Claim
Ohio As soon as possible One year Ohio Bureau of Workers’ Compensation – Injured Worker FAQs and Ohio Revised Code Section 4123.84(A)
Oklahoma 30 days 1 year (or 2 years from last exposure for occupational illnesses) Oklahoma Workers’ Compensation Court of Existing Claims – Employee’s FAQ and Oklahoma Workers’ Compensation Law (Oklahoma Statutes Title 85A)
Oregon As soon as possible 2 years Oregon State Bar – Workers’ Compensation: What Workers Should Know and
Pennsylvania 21 days 3 years (or 300 weeks from last exposure for occupational illnesses) Pennsylvania Workers’ Compensation Law (Pennsylvania Workers Compensation Act Sections 101-1608)
Rhode Island 30 days 2 years Rhode Island Workers’ Compensation Law (Rhode Island General Laws Title 28)
South Carolina 90 days 2 years from injury or discovery South Carolina Workers’ Compensation Commission – Frequently Asked Questions and South Carolina Workers’ Compensation Law (South Carolina Code of Laws Title 42)
South Dakota 3 business days 2 years South Dakota Department of Labor & Regulation – Employer Rights and Responsibilities and South Dakota Workers’ Compensation Law (South Dakota Codified Laws Title 62)
Tennessee 15 days 1 year Tennessee Workers’ Compensation Law (Tennessee Code Annotated Title 50, Chapter 6)
Texas 30 days 1 year from injury or discovery of occupational illness Texas Department of Insurance – Employee Frequently-Asked Questions and Texas Workers’ Compensation Law (Texas Workers’ Compensation Act)
Utah 180 days 1 year Utah Labor Commission – Employee’s Guide to Workers’ Compensation and Utah Workers’ Compensation Law (Utah Code Title 34A, Chapter 2)
Vermont As soon as possible 6 months Vermont Department of Labor – Workers’ Compensation Claims Filing and Vermont Workers’ Compensation Rules Index
Virginia 30 days 2 years Virginia Workers’ Compensation Commission – Information for Employees and Virginia Workers’ Compensation Commission – Injured Workers
Washington As soon as possible 1 year (or 2 years from diagnosis for occupational illnesses) Washington State Department of Labor & Industries – What You Need to Know
West Virginia As soon as possible 6 months (or 3 years from discovery or last exposure for occupational illnesses) West Virginia Offices of the Insurance Commissioner – Workers’ Compensation Benefits
Wisconsin 30 days 2 years (6 years for traumatic injuries and 12 years for occupational illnesses) Wisconsin Department of Workforce Development – Worker’s Compensation for Workers and Wisconsin Workers’ Compensation Law (Wisconsin Statutes Chapter 102)
Wyoming 72 hours to report an injury to the employer, 10 days to file a Wyoming Report of Injury 1 year Wyoming Injured Worker’s Guide to Reporting an Injury and Wyoming Workers’ Compensation Law (Wyoming Statutes Title 27)

*Unless otherwise indicated, the deadline stated runs from the date of the accident or injury. While many states impose workers’ compensation deadlines, some advise that employees should report their injuries “as soon as possible.” Even where state law provides 30 or 60 days to file a report, failure to report a work-related injury immediately could result in denial of workers’ compensation benefits. Additionally, some states’ laws include provisions for extending the reporting deadline under certain circumstances. Although unlikely, it is possible that a state could change its deadlines for reporting work-related injuries and filing workers’ compensation claims (this list was prepared in January 2018). As a result, if you have suffered any type of work injury, it is important that you speak with an attorney as soon as possible.

**In some states, the law provides two different statutes of limitations for workers’ compensation claims: (i) a statute of limitations based on the date of the injury or illness, and (ii) a statute of limitations based on the last date on which you receive compensation or benefits. Some states also have special rules that apply under certain circumstances. The limitations periods listed refer to the standard statutes of limitations based on the date of the injury or illness. However, some states provide longer “discovery” periods for occupational illnesses (even if not listed above). If you are no longer employed or have previously received benefits, you must discuss your rights with a work injury legal team in your state.

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