All Laws Decoded

Deadline to Appeal a Denied Workers' Comp Claim by State (2026)

How long you have to challenge a denied workers' comp claim in each state, and where to file.

StateDeadline to challenge a denial
AlabamaDisputed claims: Alabama has no workers' comp hearing board; either side may take a dispute to the circuit court of the county that would hear a tort case between the parties, and the claim must be agreed on or a verified complaint filed within two years after the accident (or after the last compensation payment). Any party unhappy with the circuit court's order or judgment may appeal to the Alabama Court of Civil Appeals within 42 days.
Ala. Code §§ 25-5-80, 25-5-81(a), (e)
AlaskaDenied claims: if the insurer denies benefits before a claim is filed, the worker must file a claim (Form 07-6106) with the Division within two years after the Controversion Notice was filed. If benefits are denied after a claim is filed, the worker must request a hearing (Affidavit of Readiness for Hearing) or ask the Alaska Workers' Compensation Board for more time within two years after that Controversion Notice. A final Board decision may be appealed to the Alaska Workers' Compensation Appeals Commission no later than 30 days after the Board serves it (15 days for a petition for review of a non-final order).
Alaska Division of Workers' Compensation, Workers' Compensation and You (rev. 02/15/2025), pp. 2-3; Alaska Workers' Compensation Appeals Commission
ArizonaDenied claims: a request for hearing must be filed with the Industrial Commission of Arizona within 90 days after notice of the insurer's, self-insured employer's or Commission's determination on the claim (late filing is excused only in limited cases). An administrative law judge's award becomes final unless a party requests review within 30 days after the award is served. A party affected by the decision on review may then apply to the Arizona Court of Appeals for a writ of certiorari.
A.R.S. §§ 23-947, 23-942, 23-951
ArkansasDenied claims: a claim for compensation generally must be filed with the Arkansas Workers' Compensation Commission within two years from the date of the injury (two years from death for death benefits); a claim for additional compensation must be filed within one year from the last payment or two years from the injury, whichever is later. A claim may be dismissed if no bona fide hearing request is made within six months after filing. A party must file a written petition for review by the Full Commission within 30 days of receiving an administrative law judge's decision, and a notice of appeal to the Arkansas Court of Appeals within 30 days of receiving the Full Commission's decision.
Ark. Code Ann. §§ 11-9-702, 11-9-711
CaliforniaDisputed claims: workers' comp disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); a case is started by filing an Application for Adjudication of Claim, generally within one year (see the claim deadline). To appeal a judge's decision, a petition for reconsideration must be received by the WCAB district office that issued it within 20 days from the date the decision was issued, or within 25 days if the decision was mailed to an address in California; the seven-member Appeals Board decides it.
California DWC, I&A Guide 12: How to file a petition for reconsideration; Guidebook for Injured Workers (May 2024), ch. 11
ColoradoDisputed claims: a notice claiming compensation must be filed with the Division of Workers' Compensation within two years after the injury (three years with a reasonable excuse), and the director and administrative law judges hear disputes. A party dissatisfied with an order that decides compensability or denies a benefit must file a petition to review within 20 days after the date of the certificate of mailing of the order (with the Office of Administrative Courts in Denver for an ALJ order), or the order becomes final; the matter then goes to the Industrial Claim Appeals Office panel. A party dissatisfied with the panel's final order may bring an action in the Colorado Court of Appeals.
C.R.S. §§ 8-43-103(2), 8-43-301, 8-43-307
ConnecticutDisputed claims: a written notice of claim must be given to the employer or an administrative law judge of the Workers' Compensation Commission within one year from the accident (three years from the first symptom of an occupational disease), and contested claims are heard by an administrative law judge. Either party may appeal an award to the Compensation Review Board within 20 days after it is entered (or after a decision on a later motion), by filing an appeal petition at the administrative law judge's office. A party aggrieved by the Board's decision on a question of law may appeal to the Appellate Court.
Conn. Gen. Stat. §§ 31-294c(a), 31-301(a), 31-301b
DelawareDisputed claims: any party may petition the Industrial Accident Board in writing for a hearing on a disputed claim, filed with the Department of Labor; the Board must issue a written decision within 14 days after the hearing (extendable once by up to 14 days). Either party may appeal the Board's award to the Superior Court within 30 days of the day the notice of the award was mailed or electronically received, in the county where the injury occurred; the court decides on the record without a jury.
19 Del. C. §§ 2345, 2348, 2349, 2350
District of ColumbiaDisputed claims: a claim is filed with the Mayor (the Office of Workers' Compensation); on application of any interested party, a hearing must be ordered within 90 days, and an order rejecting or awarding the claim issues within 20 days after the hearing. A party aggrieved by a compensation order may file an application for review with the Compensation Review Board within 30 days of the order's issuance (the other side may oppose within 15 days); otherwise the order becomes final after 30 days. A final decision may then be reviewed by the D.C. Court of Appeals.
D.C. Code §§ 32-1520, 32-1522
FloridaA disputed benefit is challenged by filing a petition for benefits with the Office of the Judges of Compensation Claims (and serving it on the employer and carrier). The petition is barred unless filed within 2 years after the worker knew or should have known the injury arose from work; paying an indemnity benefit or providing medical care extends the deadline to 1 year from that payment. A judge of compensation claims' order is appealed to the First District Court of Appeal, filed under the appellate rules set by the Florida Supreme Court.
Fla. Stat. §§ 440.192(1), 440.19(1)-(2), 440.271
GeorgiaA party unhappy with an administrative law judge's award may appeal to the appellate division of the State Board of Workers' Compensation within 20 days of the notice of the award (a cross appeal may be filed within 30 days). A final award of the Board may then be appealed to the superior court of the county where the injury occurred within 20 days from the date of the award, and the superior court's judgment may be taken to the Court of Appeals as provided by law.
O.C.G.A. §§ 34-9-103(a), 34-9-105(b), (e)
HawaiiA decision of the Director of Labor and Industrial Relations becomes final unless a party files a written notice of appeal with the Labor and Industrial Relations Appeals Board (or with the department) within 20 days after a copy of the decision was sent to the parties. The Appeals Board's decision may then be appealed to the Intermediate Court of Appeals within 30 days after a certified copy of the decision or order is mailed.
Haw. Rev. Stat. §§ 386-87(a), 386-88
IdahoA decision of the Idaho Industrial Commission becomes final when filed, but within 20 days of filing any party may move for reconsideration or rehearing. Final decisions may be appealed to the Idaho Supreme Court within the time and in the manner set by Supreme Court rule.
Idaho Code §§ 72-718, 72-724
IllinoisA disputed claim is heard first by an arbitrator of the Illinois Workers' Compensation Commission. To appeal the arbitrator's decision to the Commission (a panel of three commissioners), a party must file a petition for review within 30 days of receiving the arbitration decision; to take the Commission's decision to circuit court, a party must file a request for summons within 20 days of receiving the review decision. Commission decisions are final for cases involving State of Illinois employees.
Illinois Workers' Compensation Commission, IWCC Timelines (citing Act § 19(b), § 19(f)(1) and Rule 7040.10(a)(1)); IWCC Handbook (June 6, 2024), Section 4
IndianaIf a dispute is not resolved through the Worker's Compensation Board's informal dispute process, the worker must file an Application for Adjustment of Claim (State Form 29109) with the Board within two years of the date of injury; the case is then heard by a Single Hearing Member. A party dissatisfied with the hearing member's award may appeal by filing an Application for Review by Full Board (State Form 1042) within 30 days of the date of the award; the Full Board hears legal arguments rather than a new hearing. Any further appeal goes to the Indiana Court of Appeals and then the Indiana Supreme Court.
Worker's Compensation Board of Indiana, Disputed Claims
IowaA party aggrieved by a deputy workers' compensation commissioner's decision may appeal to the workers' compensation commissioner in the time and manner set by agency rule, and the commissioner's decision is final agency action. Judicial review is sought in district court under the Iowa Administrative Procedure Act: the petition must be filed within thirty days after the agency's final decision, or within thirty days after a rehearing application is denied or deemed denied.
Iowa Code §§ 10A.321, 10A.322, 17A.19(3)
KansasFinal orders, awards and preliminary awards of an administrative law judge may be reviewed by the Workers Compensation Appeals Board on written request of any interested party within 10 days (intermediate Saturdays, Sundays and legal holidays excluded); Board review is required before going to court. A final order of the Board may be appealed directly to the Kansas Court of Appeals within 30 days of the date of the final order (a cross appeal within 20 days after service of the appeal), on questions of law only.
K.S.A. 44-551(l)(1), 44-556(a)
KentuckyIf the worker and employer do not agree, either may file an Application for Resolution of Claim with the Department of Workers' Claims, generally within two years after the accident, death or last voluntary payment; the claim is assigned to an administrative law judge. A party unhappy with the judge's final award, order or decision may file a notice of appeal to the Workers' Compensation Board within 30 days after it is filed. The Board decides within 60 days after the last brief is filed.
KRS 342.270(1); 803 KAR 25:010 Section 22(2)(a); KRS 342.285
LouisianaWhen a bona fide dispute arises (for example, a denied claim), the worker or employer files a claim with the Office of Workers' Compensation Administration on its form; the claim must generally be filed within one year after the accident, or within one year after the last compensation payment if payments were made. The workers' compensation judge's decision is final unless appealed to the circuit court of appeal: a suspensive appeal must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later.
La. R.S. 23:1310(A); La. R.S. 23:1209(A); La. R.S. 23:1310.5(A)(2), (B)
MaineA petition to the Workers' Compensation Board must generally be filed within 2 years after the injury (or after the employer files a required first report of injury, if later); if the employer or insurer paid benefits, the period is 6 years from the most recent payment. A party may appeal an administrative law judge's decision to the Board's Appellate Division by filing a notice of intent to appeal within 20 days after receiving notice of the decision. The Appellate Division reviews legal issues only; findings of fact cannot be appealed to it.
39-A M.R.S. §§306(1), (2), 321-B(1), (2)
MarylandA worker must file a claim application with the Workers' Compensation Commission within 60 days after an accidental injury; the Commission may excuse late filing, but a claim not filed within 2 years is completely barred. A party aggrieved by a Commission decision may appeal by filing a petition for judicial review in circuit court within 30 days after the date the Commission's order was mailed, and must send copies to the Commission and the other parties.
Md. Code, Lab. & Empl. §§9-709(a), (b), 9-737
MassachusettsA claim for benefits is filed with the Department of Industrial Accidents and the insurer; a weekly compensation claim is accepted only with the insurer's denial notice or after 30 days from the onset of disability. After a conference, a party unhappy with the administrative judge's order has 14 days to appeal for a full hearing. A party unhappy with the judge's decision after the hearing has 30 days from its filing to appeal to the Reviewing Board, with a fee of 30% of the state average weekly wage (waivable for indigent claimants); late appeals may be allowed within one year for reasonable cause.
G.L. c. 152, §§10(1), 10A(3), 11C
MichiganA party may ask the Michigan Compensation Appellate Commission to review a workers' compensation magistrate's or director's order by filing a claim for review no more than 30 days after the order is sent to the parties; the commission may allow more time for sufficient cause.
MCL 418.859a(1)
MinnesotaWhen there is a dispute over a claim, a party files a claim petition with the Office of Administrative Hearings on the commissioner's form and serves it on the other parties. After a compensation judge decides, a party may appeal to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days.
Minn. Stat. §§176.291, 176.421, subds. 1, 2
MississippiThe Workers' Compensation Commission must order a hearing on a disputed claim when either party applies, and a Commission representative may hold the hearing and decide. That decision becomes final unless a request for review by the full Commission is filed within 20 days. A final Commission order may be appealed to the Mississippi Supreme Court by filing a notice of appeal with the Commission within 30 days after the order is filed and the parties are notified; the appeal is decided on the Commission record.
Miss. Code Ann. §§71-3-47, 71-3-51
MissouriA party unhappy with an administrative law judge's award may apply to the Labor and Industrial Relations Commission for review within 20 days from the date of the award. The Commission's final award is binding unless a party appeals to the appellate court within 30 days from the date of the final award, by filing a notice of appeal with the Commission. The deadline to file the original claim is in the workcomp topic (claim_deadline).
Mo. Rev. Stat. §§287.480.1, 287.495.1
MontanaMost benefit disputes must first go to a Department of Labor and Industry mediator, after the worker makes a specific written demand and allows the insurer 15 working days to respond. If mediation does not resolve it, a petition to the Workers' Compensation Court must be filed within 2 years after benefits are denied. A final decision of the Workers' Compensation Judge is appealed directly to the Montana Supreme Court in the manner used for civil appeals from district court. Uninsured Employers' Fund disputes have shorter limits: 90 days to mediation, then 60 days after the mediator's report to petition the court.
Mont. Code Ann. §§ 39-71-2401, 3-9-111, 3-9-107, 39-71-520
NebraskaA disputed claim goes to the Nebraska Workers' Compensation Court by petition, which (unless the parties agree on compensation) must be filed within two years after the accident or death, or two years after the last compensation payment. A party who does not accept a final order of the compensation court may appeal by filing a notice of appeal, along with a request for the bill of exceptions (transcript), with the compensation court within 30 days. The appeal proceeds like an appeal from district court to the Nebraska Court of Appeals or Supreme Court.
Neb. Rev. Stat. §§ 48-137, 48-182, 48-185
NevadaA worker who disagrees with the insurer's written determination may request a hearing before a hearing officer within 70 days after the notice of the determination was mailed. A hearing officer's decision may be appealed by filing a notice of appeal with an appeals officer within 30 days after the date of the decision. A petition for judicial review of the appeals officer's decision must be filed within 30 days after entry and service of the decision and order.
NRS 616C.315, 616C.345, 616C.370
New HampshireIn a dispute over benefits, any party may petition the labor commissioner in writing for a hearing; the hearing must be set within 6 weeks of the petition and a decision issued within 30 days after it. A decision of the commissioner or hearing officer must be appealed to the Compensation Appeals Board within 30 days of the decision. A party aggrieved by the board's decision may appeal to the New Hampshire Supreme Court under RSA 541, which requires a motion for rehearing within 30 days after the decision and an appeal within 30 days after the rehearing motion is denied or decided.
RSA 281-A:43; RSA 541:3, 541:6
New JerseyA disputed claim is started by filing a verified claim petition with the Division of Workers' Compensation within two years after the accident (or two years after the last compensation payment, or after the employer fails to pay under an agreement). A judge of compensation decides the claim. Any party may appeal the judge's judgment to the Appellate Division of the Superior Court, under the court rules.
N.J.S.A. 34:15-51, 34:15-66
New MexicoIf the employer or insurer fails or refuses to pay compensation due, the worker must file a claim with the Workers' Compensation Administration no later than one year after that failure or refusal (tolled up to one year while still employed by the same employer), and not sooner than 31 days after the injury. The director attempts informal resolution and issues a recommendation within 60 days; each party has 30 days to accept or reject it, and a timely rejection sends the claim to a workers' compensation judge. Any party may appeal the judge's final order by filing a notice of appeal with the New Mexico Court of Appeals within 30 days of mailing of the order.
NMSA 1978, §§ 52-1-31, 52-5-5, 52-5-8
New YorkA party may apply to the Workers' Compensation Board for review of a workers' compensation law judge's award or decision within 30 days after notice of its filing. A Board decision may be appealed to the Appellate Division, Third Department, within 30 days after notice of the Board's decision is served on the parties.
N.Y. Workers' Comp. Law § 23
North CarolinaA claim must be filed with the Industrial Commission (or compensation paid) within two years after the accident; if only medical compensation has been paid, within two years after the last medical payment. A deputy commissioner's award may be reviewed by the Full Commission if application is made within 15 days from notice of the award. A Full Commission award may be appealed to the North Carolina Court of Appeals for errors of law within 30 days from the date of the award or receipt of notice of it.
N.C. Gen. Stat. §§ 97-24(a), 97-85(a), 97-86
North DakotaA party has 45 days from the date WSI issues a notice of decision to file a written request for reconsideration with WSI. After WSI issues an administrative order, a worker has 45 days to ask for help from the Decision Review Office, and a party has 45 days from the order (or from the office's notice that its help is complete) to file a written request for a rehearing, which is held as an administrative hearing. A posthearing order can be appealed to district court within 30 days after notice of the order is given.
N.D. Cent. Code §§ 65-01-16, 65-10-01, 28-32-42
OhioA worker or employer may appeal the Bureau of Workers' Compensation's order granting or denying a claim within 14 days after receiving it; the appeal goes to an Industrial Commission district hearing officer. A district hearing officer's order may be appealed within 14 days after receipt to a staff hearing officer, and the staff hearing officer's order within 14 days to the Industrial Commission, which decides whether to hear it. A final Commission order (other than a decision on the extent of disability) can be appealed to the court of common pleas within 60 days after receipt.
Ohio Rev. Code §§ 4123.511, 4123.512
OklahomaA claim is started by filing an Employee's First Notice of Claim for Compensation with the Workers' Compensation Commission, generally within one year of the injury; if the employer contests it, any party may request a prehearing conference or hearing before an administrative law judge. A claim may be dismissed on the employer's motion if the worker does not make a good-faith hearing request, or receive or seek benefits, within six months. An administrative law judge's decision can be appealed to the full Commission within 10 days of issuance ($175 fee), and a Commission decision can be taken to the Oklahoma Supreme Court within 20 days of being sent to the parties.
85A Okla. Stat. §§ 69, 78, 111
OregonA worker who objects to a claim denial must request a hearing no later than the 60th day after the denial is mailed, or by the 180th day if the worker shows good cause (longer only for lack of mental competency). An Administrative Law Judge's order becomes final unless a party requests review by the Workers' Compensation Board within 30 days after the order is mailed. A Board order is final unless a party seeks judicial review in the Oregon Court of Appeals within 30 days after it is mailed.
ORS 656.319, 656.289, 656.295, 656.298
PennsylvaniaIf a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; any party may appeal the judge's decision to the Workers' Compensation Appeal Board within 20 days after notice of the decision is served, and other parties may cross-appeal within 14 days of the first appeal. Board decisions can be appealed to Commonwealth Court.
Workers' Compensation Act §§ 315, 423
Rhode IslandA worker whose claim is not paid must file a petition with the Workers' Compensation Court within two years after the injury or incapacity occurs or becomes manifest (later in some latent-injury and incapacity cases). A party aggrieved by a trial judge's decree may appeal to the court's appellate division by filing a claim of appeal within five days of entry of the decree, not counting Saturdays, Sundays and holidays; the trial judge may extend this by up to 30 days for excusable neglect.
R.I. Gen. Laws §§ 28-35-57, 28-35-28
South CarolinaA claim must be filed with the Workers' Compensation Commission within two years after the accident (or death); later dates apply to some occupational disease and repetitive-trauma claims. A single commissioner hears the dispute. A party may ask the full Commission to review the award within 14 days of notice of the award, with a fee. A full Commission decision may be appealed to the South Carolina Court of Appeals within 30 days of the award or of receiving notice of it by registered mail, whichever is longer.
S.C. Code §§ 42-15-40, 42-17-40, 42-17-50, 42-17-60
South DakotaIf the employer and worker cannot agree, either may request a hearing before the Department of Labor and Regulation. If the insurer or self-insurer notifies the worker and the Department in writing that it is denying coverage, the worker must file a written petition for hearing within two years after that notice, or the claim (or the denied part) is barred. A party may ask the Department to review its decision within 10 days after service. A final Department decision may be appealed to circuit court by serving and filing a notice of appeal within 30 days after the agency serves notice of the final decision.
SDCL 62-7-12, 62-7-35, 62-7-16, 62-7-19, 1-26-31
TennesseeIf benefits are denied or disputed, the worker files a Petition for Benefit Determination with the Bureau of Workers' Compensation within one year after the accident (or, if the employer paid benefits, within one year of the later of the last authorized treatment or the last payment). After a decision of the Court of Workers' Compensation Claims, a notice of appeal of a compensation order to the Workers' Compensation Appeals Board is due within 30 calendar days after the order is issued; an interlocutory order may be appealed within 7 business days. Appeals Board decisions on compensation orders may be appealed to the Tennessee Supreme Court under the appellate rules.
Tenn. Code Ann. §§ 50-6-203(b), 50-6-217(a)(2)
TexasA disputed claim generally must first go to a benefit review conference with the Texas Department of Insurance, Division of Workers' Compensation; a party is not entitled to a contested case hearing unless one is held, except as the law or rules allow. To appeal an administrative law judge's contested-case decision, a party must file a written request for appeal with the appeals panel within 15 days after receiving the decision (weekends and holidays not counted). To seek judicial review of the appeals panel decision, a party must file suit within 45 days after the division mailed the decision (mailing is deemed to be the fifth day after the decision was filed).
Tex. Lab. Code §§ 410.024, 410.202, 410.252
UtahTo contest a denial by the employer or its insurer, the worker files an Application for Hearing with the Labor Commission's Division of Adjudication; disability claims are barred unless filed within six years of the accident (and proven within 12 years), and death claims within one year of the death. An administrative law judge's decision becomes final 30 days after it is issued unless a party files a motion for review with the Division within 30 days; the Labor Commissioner hears it unless a party asks for the Appeals Board. The Commissioner's or Appeals Board's decision is final unless further appeal is started within 30 days.
Utah Code §§ 34A-2-417(2), (3), 34A-2-801(1), (3), (4), (8)
VermontIf compensation is not agreed, either party may apply to the Commissioner of Labor for a hearing and award; the Commissioner must issue an award within 60 days after the hearing. Within 30 days after copies of the award are sent, either party may appeal to the Superior Court (with a right to a jury trial). If no Superior Court appeal is taken in time, either party may take the case to the Vermont Supreme Court on questions of law certified by the Commissioner.
21 V.S.A. §§ 663(a), 664, 670, 672
VirginiaA claim must be filed with the Virginia Workers' Compensation Commission within two years after the accident. A party may ask the full Commission to review a deputy commissioner's award by filing an application for review within 30 days after the award is issued (the other side then has 14 more days for its own application). A notice of appeal of the full Commission's award to the Court of Appeals must be filed with the Commission's clerk within 30 days from the date of the award.
Va. Code §§ 65.2-601, 65.2-705(A), (C), 65.2-706(A), (B)
WashingtonA worker or other person aggrieved by an order, decision or award of the Department of Labor and Industries must file a notice of appeal with the Board of Industrial Insurance Appeals and the director within 60 days from the day the order was communicated. After hearings, an industrial appeals judge issues a proposed decision; a party has 20 days (or any extension allowed) to file a petition for review with the Board. A party aggrieved by the Board's final decision, or by its denial of review, may appeal to superior court within 30 days after it is communicated.
Rev. Code Wash. §§ 51.52.060(1)(a), 51.52.104, 51.52.110
West VirginiaA decision by the Insurance Commissioner, private carrier or self-insured employer on a claim is final unless an objection is filed with the Workers' Compensation Board of Review within 60 days after receipt of the decision; the deadline is jurisdictional. A party aggrieved by the Board of Review's decision may appeal to the West Virginia Intermediate Court of Appeals by filing a written notice of appeal within 30 days after receiving notice of the decision, and in any event within 60 days after the decision date.
W. Va. Code §§ 23-5-1a(b)(1), 23-5-12a(a)
WisconsinA disputed claim starts with a written application for hearing filed with the Department of Workforce Development, which sends it to the other parties. A party may petition the Labor and Industry Review Commission to review a hearing examiner's decision awarding or denying compensation; the petition must be received within 21 days after the decision was mailed, or it will be dismissed unless the late filing was for reasons beyond the petitioner's control. Within 30 days after the date of the Commission's order or award, an aggrieved party may start an action for review in circuit court.
Wis. Stat. §§ 102.17(1)(a), 102.18(3), 102.23(1)(a)2.
WyomingThe Workers' Compensation Division issues a final determination with notice of the right to a hearing. Any interested party may request a hearing before a hearing examiner by filing a written request with the Division within 15 days after the notice of final determination was mailed; if the Division has not issued a final determination within 60 days after the claim was filed, a party may also request a hearing. The hearing examiner's decision in a small claims or contested case hearing may be appealed to district court as provided by the Wyoming Administrative Procedure Act.
Wyo. Stat. §§ 27-14-601(k)(iii), (iv), 27-14-602

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.