Deadlines to Report an Injury and File a Claim by State (2026)
How long you have to report a work injury and to file a workers' comp claim in each state.
| State | Deadline to report the injury | Deadline to file a claim |
|---|---|---|
| Alabama | The worker should notify the employer within five days of the accident, and in any case within 90 days. If the employer already has actual knowledge of the injury, that counts as notice. Alabama Department of Workforce, Benefits and Claims Filing | A claim is barred unless a verified complaint is filed in court within two years from the date of the accident. If compensation has been paid, the two years run from the date of the last compensation payment. Payment of medical bills does not count as compensation for this purpose. Alabama Department of Workforce, Benefits and Claims Filing |
| Alaska | For injuries on or after January 1, 2025, the worker (or someone on the worker's behalf, in a death case) must report the injury, illness or death to the supervisor in writing within 15 days of the event, or within 15 days after discovering that the injury or illness is believed to be work-related. For injuries before January 1, 2025, the deadline was 30 days. Use Division Form 07-6100. Division of Workers' Compensation, Workers' Compensation and You (rev. 02/15/2025) | If the insurer denies benefits with a Controversion Notice before a claim is filed, the worker must file a written claim (Form 07-6106) with the Division within two years of the date the Controversion Notice was filed. If the insurer paid and then stopped disability benefits without a Controversion Notice, the claim must be filed within two years of the last disability payment. In death cases, dependents must file within one year after the death. If the insurer denies benefits after a claim is filed, the worker must request a hearing (or ask the Board for more time) within two years of that denial. Division of Workers' Compensation, Workers' Compensation and You (rev. 02/15/2025) |
| Arizona | The employee must report the accident and resulting injury to the employer "forthwith" (right away). If the accident is not reported promptly, compensation can be denied, but the Industrial Commission may excuse the failure if it finds the circumstances justify it. A.R.S. § 23-908 | A claim must be filed in writing with the Industrial Commission within one year after the injury occurred or the right to compensation accrued. The year starts when the injury becomes manifest or when the worker knows, or reasonably should know, that a compensable injury occurred. Late filing is excused in limited cases, such as reliance on a misleading statement by the Commission, employer or insurer, or legal incapacity, and a late claim is not barred if the insurer or employer has already started paying compensation. A.R.S. § 23-1061(A)–(B) |
| Arkansas | Report a work-related accident to your employer or supervisor as soon as it happens. The Commission advises giving the employer written notice of the time, place and nature of the injury. No fixed number of days is stated in the Commission's guidance. Arkansas Workers' Compensation Commission, Basic Facts; Questions & Answers brochure | A claim for compensation (Form AR-C) must be filed with the Commission within two years from the date of injury or death, or within one year from the date of the last payment of compensation, whichever is later. Arkansas Workers' Compensation Commission, Questions & Answers brochure; Basic Facts |
| California | Report the injury or illness to a supervisor or manager as soon as possible. For an injury or illness that developed gradually, report it as soon as you learn or believe it was caused by your job. If your employer does not learn about your injury within 30 days, you could lose your right to workers' compensation benefits. DWC, Workers' Compensation in California: A Guidebook for Injured Workers (7th ed., May 2024), Chapter 1 | Proceedings to collect workers' comp medical treatment or disability benefits must generally be started within one year from the latest of: the date of injury, the end of any period covered by disability payments, or the last date medical treatment benefits were provided. Cal. Labor Code § 5405 |
| Colorado | An injured employee must notify the employer in writing within ten days after the injury. If the employee fails to report in writing, the employee may lose up to one day's compensation for each day's failure to report. The deadline is paused if the employer did not post the required workers' compensation notice or did not give the employee a copy of the written notice, and actual notice by the employer or good cause can excuse a late report. C.R.S. § 8-43-102(1)(a) | The right to compensation is barred unless a written notice claiming compensation is filed with the Division within two years after the injury or death. The limit does not apply if compensation has already been paid, or if the Director finds within three years that there was a reasonable excuse for the delay and the employer was not harmed by it. Payment of medical bills alone does not count as compensation. Longer rules apply to certain occupational diseases (such as radiation exposure, asbestosis and silicosis). C.R.S. § 8-43-103(2) |
| Connecticut | An injured employee must report the injury to the employer (or someone representing the employer) immediately. If the report is late, the administrative law judge may reduce the award in proportion to any harm the employer proves the delay caused. Conn. Gen. Stat. § 31-294b(a) | A written notice of claim for compensation (Form 30C) must be given within one year from the date of the accident, or within three years from the first symptom of an occupational disease. If the worker died within two years, dependents may file within that two-year period or within one year of the death, whichever is later. A late notice does not bar the claim if, within the deadline, there was a hearing or written request for a hearing, a voluntary agreement was submitted, or the employer furnished medical care for the injury. The notice can be given to the employer or to the Commission. Conn. Gen. Stat. § 31-294c(a), (c) |
| Delaware | The employee (or someone on the employee's behalf) should notify the employer within 90 days after the accident. If the employer has no actual knowledge of the injury and no notice is given within 90 days, no compensation is due until notice is given or the employer learns of it. 19 Del. C. § 2341 | A claim is barred unless, within two years after the accident (or death), the parties have reached a compensation agreement or someone has filed a petition with the Industrial Accident Board. If compensation has been paid under a Board-approved agreement or award, the limitation period does not run until five years after the last payment. Occupational disease claims have a separate one-year rule. 19 Del. C. § 2361(a), (b), (d) |
| District of Columbia | Written notice of the injury must be given to both the employer and the Office of Workers' Compensation within 30 days after the injury, or within 30 days after the worker knew or should have known the injury was work-related, using DCWC Form 7 (Employee's Notice of Accidental Injury or Occupational Disease). Late notice may be excused if the employer or insurer knew of the injury and was not harmed, or for another satisfactory reason. D.C. Code § 32-1513; DOES OWC FAQs | A written claim (DCWC Form 7a, Employee's Claim Application) must be filed with the Office of Workers' Compensation within one year after the injury or death, or within one year after the last payment if benefits were paid without an award. The year does not start until the worker knew or should have known the injury was work-related. A late claim is barred only if the employer objects at the first hearing. D.C. Code § 32-1514; DOES OWC FAQs |
| Florida | Tell your employer about the injury as soon as possible. The law requires you to report the accident or a job-related injury within 30 days of learning of it, or within 30 days of a doctor determining that you have a work-related injury. The employer must then report the injury to its insurance company within 7 days. Division of Workers' Compensation, System Guide (rev. Sept. 2026) | A petition for benefits is barred unless the employee has notified the employer of the injury and the petition is filed within two years after the employee knew or should have known that the injury or death was work-related. Each payment of wage-loss benefits or medical treatment extends the deadline to one year from that payment (except for disputes over compensability, maximum medical improvement or impairment). The time bar applies only if the insurer raises it in its first response to the petition. Fla. Stat. § 440.19 |
| Georgia | Report any accident immediately, and no later than 30 days after the accident, to your employer, the employer's representative, your foreman or immediate supervisor. Failing to do so may result in loss of benefits. O.C.G.A. § 34-9-81.1; State Board of Workers' Compensation, WC-Bill of Rights for the Injured Worker (rev. 07/2023) | File a claim (Form WC-14) with the State Board within one year from the date of the accident. If the employer paid for authorized medical treatment, the claim may be filed within one year after the last authorized medical treatment; if weekly income benefits were paid, within two years after the last weekly payment. Dependents of a worker who died must file within one year after the death. O.C.G.A. § 34-9-82; State Board of Workers' Compensation, WC-Bill of Rights; Workers' Compensation Law FAQs |
| Hawaii | Report the date, time and circumstances of the injury to your immediate supervisor or employer immediately, either orally or in writing. The employer must report the injury to the Disability Compensation Division within seven working days if it causes absence of a day or more or needs more than ordinary first aid. Disability Compensation Division, Frequently Asked Questions; Highlights of the Hawaii Workers' Compensation Law (Form WC-101) | Not verified yet |
| Idaho | Notice of the accident must be given to the employer as soon as practicable, and no later than 60 days after the accident. The Industrial Commission advises reporting immediately; you could lose all benefits if you wait longer than 60 days. Idaho Code § 72-701; Idaho Industrial Commission, Facts for Injured Workers | A claim for compensation must be made within one year after the accident (or within one year after a death). A claim is not required if compensation has been paid voluntarily or a hearing request has been filed. If a claim was made but nothing was paid, the worker has one year from the claim to file an application for hearing with the Commission. If payments were made and then stopped, the worker generally has five years from the accident to request a hearing for more compensation, or one year from the last income benefit payment if payments ended more than four years after the accident. Idaho Code §§ 72-701, 72-706 |
| Illinois | The employee must notify the employer of the accident as soon as practicable, and generally no later than 45 days after the accident. For radiological exposure the limit is 90 days, and for occupational diseases notice is due as soon as practicable after the employee learns of the condition. Any delay can delay payment of benefits. Illinois Workers' Compensation Commission, Handbook (June 2024), Section 2 | In most cases, the employee must file a claim with the Commission within three years after the injury, death or disablement from occupational disease, or within two years after the last payment of temporary total disability benefits or a medical bill, whichever is later. Some disease and death cases have different time limits. Illinois Workers' Compensation Commission, Handbook (June 2024), Section 3 |
| Indiana | Report any accident to your employer (boss, foreman or supervisor) immediately. If you wait more than 30 days, your claim may be denied. Worker's Compensation Board of Indiana, Who Is Eligible (FAQ) | If there is a dispute, an Application for Adjustment of Claim (State Form 29109) must be filed with the Board within two years of the date of injury, or within two years after the last compensation was paid. If the deadline is close, send the application by certified mail; otherwise the filing date is the date the Board receives it. Worker's Compensation Board of Indiana, Who Is Eligible (FAQ); Disputed Claims |
| Iowa | The employer must have notice or knowledge of the work injury within 90 days of when the worker knew or should have known the injury was work-related. If notice is not given within 90 days, benefits may be denied. No particular form of notice is required. Iowa Code §§ 85.23, 85.24; DIAL Workers' Compensation Division, Time Limitations | If no weekly disability benefits have been paid, the worker must file a petition with the Workers' Compensation Division within two years of the date of injury (the date the worker knew or should have known it was work-related). If weekly benefits have been paid, the worker has three years from the last weekly payment to seek additional benefits. Iowa Code § 85.26(1); DIAL Workers' Compensation Division, Time Limitations |
| Kansas | Notice of the injury must be given to the employer, orally or in writing, by the earlier of 30 calendar days from the accident (or injury by repetitive trauma) or, if the worker has left the job, 20 calendar days after the last day of employment. Oral notice must go to the person or department the employer designated in writing, or otherwise to a supervisor or manager; written notice must go to a supervisor or manager at the main work location. The notice must include the time, date, place and particulars of the injury and make clear the worker is claiming a work injury. Notice is excused if the employer had actual knowledge, was unavailable, or the worker was physically unable to give notice. K.S.A. 44-520 | No proceeding for compensation can be maintained unless an application for hearing is on file with the Director of Workers Compensation within three years of the date of the accident or within two years of the date of the last payment of compensation, whichever is later. K.S.A. 44-534(b) |
| Kentucky | The worker (or someone on the worker's behalf) must give the employer notice of the accident "as soon as practicable" after it happens. The notice must be in writing and state the worker's name and address, the time, place, nature and cause of the accident, witnesses, and the nature of the injury. For a cumulative trauma injury (one caused by repeated small events), notice must be given within two years after a doctor tells the worker the injury is work-related. KRS 342.185(1), (3); KRS 342.190 | An Application for Resolution of Claim must be filed with the Department of Workers' Claims within two years after the accident (or within two years after the death). If income benefits were paid, the deadline is two years after payments stop or two years after the accident, whichever is later. For cumulative trauma, the deadline is two years after a doctor tells the worker the injury is work-related, but no later than five years after the last injurious exposure. Claims for work-related HIV exposure must be filed within five years after the exposure. KRS 342.185; KRS 342.270(1) |
| Louisiana | The worker (or someone on the worker's behalf) must give the employer notice of the injury within 30 days after the injury or death. Late or missing notice does not bar a claim if the employer or its agent knew of the accident or the employer was not harmed by the delay. La. R.S. 23:1301, 23:1305 | A formal claim (Form LWC-WC 1008, Disputed Claim for Compensation) generally must be filed within one year after the accident or death, unless the parties have agreed on payments. If weekly benefits were paid, the deadline is one year after the last payment (three years after the last payment for supplemental earnings benefits). If the injury develops later, the deadline is one year from when it develops, but no later than three years after the accident. Medical benefit claims must be filed within one year after the accident, or within three years after the last medical payment if the employer paid medical bills. A claim mailed on or before the deadline is timely. La. R.S. 23:1209 |
| Maine | For injuries on or after January 1, 2020, the worker (or someone on the worker's behalf) must give the employer notice of the injury within 60 days. The notice should include the time, place, cause and nature of the injury and the worker's name and address. It can be given to the employer, a corporate official, a supervisor in charge of the work, an employee the employer has designated to receive accident reports, or on-site medical staff employed by the employer. Earlier injuries had different deadlines (30 days for injuries from 2013 through 2019; 90 days before 2013). 39-A M.R.S. § 301 | A petition to the Workers' Compensation Board is generally barred unless filed within 2 years after the date of injury, or the date the employer files a required First Report of Injury, whichever is later. If the employer or insurer has paid benefits within that period, the deadline becomes 6 years from the most recent payment. Time when the worker was physically or mentally unable to file does not count. If the worker dies from the injury, a petition must be filed within 1 year after death or 2 years from the injury, whichever is later, but no later than 6 years after the last payment. 39-A M.R.S. § 306 |
| Maryland | Oral or written notice of an accidental injury must be given to the employer within 10 days after the injury (within 30 days after a work-related death). Written notice should give the worker's name and address and the time, place, nature and cause of the injury, and be signed. Failure to give notice bars the claim unless the Commission excuses it because there was a sufficient reason or the employer or insurer was not prejudiced. The Commission advises reporting any accident to the employer immediately. Md. Code, Lab. & Empl. §§ 9-704, 9-706 | For an accidental injury, the worker must file a claim application form (Employee Claim, Form C-1) with the Commission within 60 days after the injury. The Commission may excuse a late filing if the employer or insurer was not prejudiced or for another sufficient reason, but a claim not filed within 2 years after the injury is completely barred. For an occupational disease, the claim must be filed within 2 years (3 years for pulmonary dust disease) after disablement or death, or after the worker or dependents first actually knew the disablement was caused by the employment. Md. Code, Lab. & Empl. §§ 9-709, 9-711 |
| Massachusetts | Written notice of the injury must be given to the insurer or the employer "as soon as practicable" after it happens. The notice should state, in ordinary language, the time, place and cause of the injury and be signed by the injured worker (or someone on the worker's behalf). Lack of notice does not bar a claim if the insurer, employer or its agent knew about the injury, or if the insurer was not harmed by the lack of notice. M.G.L. c. 152, §§ 41, 42, 44 | A claim for compensation must be filed within four years from the date the worker first became aware that the disability was caused by the job. For a death, the claim must be made within four years after the death. Paying compensation or filing a claim stops the clock for other benefits for the same injury. M.G.L. c. 152, § 41 |
| Michigan | The worker must give notice of the injury to the employer within 90 days after the injury happens, or within 90 days after the worker knew or should have known of the injury. Failure to give notice is excused unless the employer proves it was harmed by the lack of notice. The state agency advises reporting the injury to your employer immediately. MCL 418.381(1) | A claim (oral or written) must be made to the employer, or a written claim filed with the agency, within 2 years after the injury (or within 2 years after death). A claim is valid only if made within 2 years after the later of the date of injury, the date the disability shows itself, or the last day of work for that employer. The deadline is extended while the worker receives benefits or is given favored work because of the disability, and while the worker is physically or mentally unable to make a claim. Weekly benefits generally cannot be paid for any period more than 2 years before the worker files an application for a hearing. MCL 418.381 |
| Minnesota | Give the employer written notice of the injury within 14 days, unless the employer already knows. If notice is not given within 14 days, no compensation is due until notice is given or the employer learns of the injury. Notice or knowledge within 30 days preserves the claim unless the employer shows it was harmed by the defect. Notice within 180 days can still be accepted if the delay was due to mistake, ignorance of fact or law, inability, or the employer's fraud, but benefits may be reduced if the employer was harmed. Without notice or knowledge within 180 days, no compensation is allowed (with an extension for a worker who was mentally or physically unable to give notice). Minn. Stat. § 176.141 | An injured worker must start proceedings to recover compensation within three years after the employer's written report of the injury is made to the Department of Labor and Industry, but no later than six years from the date of the accident. For occupational diseases (including radiation injuries), the worker must give notice and start an action within three years after learning the cause of the injury and the injury has resulted in disability. For death claims, dependents generally have three years after the department receives the employer's written notice of death, up to six years. Limits are extended three years after a physical or mental incapacity (other than being a minor) ends. Minn. Stat. § 176.151 |
| Mississippi | Notify your supervisor or the person your employer designates immediately. By law, the employer (or an officer, manager or designated representative) must receive actual notice within 30 days after the injury. Lack of notice does not bar recovery if the employer knew of the injury and was not harmed by the failure to give notice. Miss. Code Ann. § 71-3-35(1) | If no compensation (other than medical treatment or burial expense) has been paid and no application for benefits has been filed with the Commission within two years from the date of injury or death, the right to compensation is barred. The two-year limit does not run for a minor or mentally incompetent person until a guardian or representative is appointed (or, for a minor without a guardian, until he or she comes of age). Miss. Code Ann. § 71-3-35(1)-(2) |
| Missouri | Give your employer written notice of the time, place and nature of the injury, and your name and address, no later than 30 days after the accident. For an occupational disease or repetitive trauma, the 30 days run from the diagnosis. Late notice may still be allowed if the employer was not prejudiced by it. The Division advises reporting immediately and keeping a copy of the written notice. RSMo § 287.420 | A Claim for Compensation must be filed with the Division within two years after the date of injury or death, or the last payment made on account of the injury or death. If the employer did not file the required report of injury, the deadline is three years. Filing other forms or reports does not stop the clock. A claim against the Second Injury Fund must be filed within two years after the injury or within one year after a claim is filed against the employer or insurer, whichever is later. RSMo § 287.430 |
| Montana | Notice of the time and place of the accident and the nature of the injury must be given to the employer or its insurer within 30 days after the accident, by the worker or someone on the worker's behalf. Actual knowledge of the accident and injury by the employer or the supervisor in charge counts as notice. MCA 39-71-603 | A written claim, signed by the worker or the worker's representative, must be presented to the employer, the insurer or the Department within 12 months after the accident. The insurer may extend this by up to 24 more months if the worker shows lack of knowledge of the disability, a latent injury or equitable estoppel. For an occupational disease, the claim is due within 1 year after the worker knew or should have known the condition resulted from an occupational disease. A petition to the Workers' Compensation Court must be filed within 2 years after benefits are denied. MCA 39-71-601; MCA 3-9-111 |
| Nebraska | Written notice of the injury must be given to the employer as soon as practicable after it happens. The notice should state in ordinary language the time, place and cause of the injury, be signed by the injured worker or someone on the worker's behalf, and be delivered to the employer or its agent (in person, at the residence or place of business, or by certified or registered mail). Lack of written notice is not a bar if the employer had notice or knowledge of the injury. There is no fixed number of days in the statute. Neb. Rev. Stat. § 48-133 | A claim is barred unless, within two years after the accident (or after the death, in a death case), the parties have agreed on the compensation or one of them has filed a petition with the Workers' Compensation Court. If compensation payments have been made, the two years run from the last payment. The period is extended while the worker or dependent is under a legal disability. Neb. Rev. Stat. § 48-137 |
| Nevada | The worker (or a dependent, if the worker died) must give the employer written notice of the injury as soon as practicable, but within 7 days after the accident, on the state's Notice of Injury form (Form C-1). The employer or supervisor signs it to acknowledge receipt, and each side keeps a copy. The insurer may excuse a late notice if the injury or another cause beyond the worker's control prevented it, or because of mistake or ignorance of fact or law, physical or mental inability, or fraud or deceit. NRS 616C.015; NRS 616C.025 | If the worker sought medical treatment or missed work because of the injury, a claim for compensation (Form C-4) must be filed with the insurer within 90 days after the accident. In a death case, a dependent must file within 1 year after the death. The insurer may excuse a late claim for the same reasons as a late notice. NRS 616C.020; NRS 616C.025 |
| New Hampshire | Claims are barred unless the employee gives the employer notice of the injury within 2 years of the injury. If the worker did not know the nature of the injury and its possible link to the job, the 2 years start when the worker knew or reasonably should have known. The notice is in writing on a form prescribed by the Labor Commissioner, signed by the employee in duplicate, and can be delivered in person or by certified mail; the employer signs to acknowledge receipt. N.H. RSA 281-A:19, 281-A:20, 281-A:21 | Compensation for disability, rehabilitation, medical or death benefits is barred unless a claim is filed within 3 years after the date of injury. If the worker did not know the nature of the injury and its possible relationship to the job, the 3 years start when the worker (or, after a death, a dependent) knew or reasonably should have known. N.H. RSA 281-A:21-a |
| New Jersey | Tell the employer as soon as possible; notice can be given to a supervisor, the personnel office or anyone in authority and does not have to be in writing. By statute, if the employer has no actual knowledge and is not notified within 14 days, no compensation is due until notice is given. Notice within 30 days is not defeated by defects unless the employer was prejudiced; notice within 90 days can be accepted if there was a reasonable excuse for the delay. If the employer neither knows of nor is notified of the injury within 90 days, no compensation is allowed. N.J.S.A. 34:15-17, 34:15-18 | A formal claim petition must be filed with the Division of Workers' Compensation within two years of the date of injury, or within two years of the last payment of compensation, whichever is later; employer-authorized medical treatment counts as a payment of compensation. For occupational illnesses (for example asbestosis, lead poisoning or hearing loss), the petition must be filed within two years after the worker first knew of the condition and its relationship to the job. Filing an application for an informal hearing does not stop the two-year clock. N.J.S.A. 34:15-41, 34:15-51; NJ Division of Workers' Compensation, Navigating Disputes |
| New Mexico | In general, the worker must give the employer or supervisor written notice within 15 days after the worker knew the injury was connected to the job accident. If the injury or another cause beyond the worker's control prevents it, the period may be extended up to 60 days. Written notice is not required if the employer already has actual knowledge of the injury (for example, a supervisor witnessed the accident). Employers must post the WCA poster and make the standard Notice of Accident form available. WCA Frequently Asked Questions | A worker must file a claim (complaint) with the WCA within one year after the worker knew or should have known of the work-related injury, or within one year after the employer or insurer refuses or fails to pay compensation. Claims for death benefits on behalf of dependents must be filed within one year of the worker's death. The deadline may be extended if the employer or insurer led the worker to believe compensation would be paid. NMSA 1978, §§ 52-1-31, 52-1-36; WCA Worker Guidebook |
| New York | Notify the employer in writing as soon as possible, and within 30 days of the injury. A worker who does not notify the employer within 30 days may lose the right to workers' compensation benefits. N.Y. Workers' Compensation Board, File a Workers' Compensation Claim; Understanding the Claim Process | File an Employee Claim (Form C-3) with the Workers' Compensation Board as soon as possible. It must be filed within two years of the accident, or for an occupational disease, within two years after the worker knew or should have known the condition was caused by the job. Death claims must be filed within two years of the worker's death. N.Y. Workers' Compensation Board, File a Workers' Compensation Claim; Death Claims |
| North Carolina | The injured employee must give the employer written notice of the accident immediately or as soon as practicable. No compensation is payable unless written notice is given within 30 days after the accident (or death), unless the Industrial Commission accepts a reasonable excuse and is satisfied the employer was not prejudiced. Compensation and doctor fees that accrue before notice may be denied unless the employer already knew of the accident or the worker was prevented from giving notice by incapacity or fraud. N.C. Gen. Stat. §§ 97-22, 97-23 | The right to compensation is barred unless, within two years after the accident, a claim is filed with the Industrial Commission (usually on Form 18) or the employee is paid compensation; or, where only medical compensation has been paid and liability was not otherwise established, a claim is filed within two years after the last medical payment. For occupational diseases, the claim must be filed within two years after the employee has suffered death, disability or disablement and has been told by a competent medical authority that the disease is work-related. An employer's Form 19 report of injury is not a claim by the employee. N.C. Gen. Stat. §§ 97-24(a), 97-58(c); N.C. Industrial Commission FAQs |
| North Dakota | When an on-the-job accident happens, the worker must take steps immediately to notify the employer, orally or in writing, telling an immediate supervisor or another supervisor authorized to receive notice. Absent good cause, notice may not be given later than seven days after the accident or after the general nature of the injury became apparent. If the worker fails to notify the employer, WSI may consider that failure when deciding whether the injury is covered. The employer must file a first report of injury with WSI within seven days of receiving notice. N.D. Cent. Code §§ 65-05-01.2, 65-05-01.3, 65-05-01.4 | A claim must be filed with WSI within one year after the injury, or within two years after a death. The date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred and that it caused lost wages or required medical treatment. N.D. Cent. Code § 65-05-01 |
| Ohio | Not verified yet | A claim for an injury or death is barred unless, within one year after the injury or death, written or fax notice of the specific body parts injured (or of the death) is given to BWC or the Industrial Commission, or certain other events occur (such as the employer paying wages in place of compensation, or a self-insured employer furnishing treatment). BWC may also accept a claim by phone. For occupational diseases arising on or after Sept. 28, 2021, BWC says the claim must be filed within one year after death or one year from the latest of: first medical diagnosis as work-related, first treatment, or first quitting work due to the disease (or within six months after a physician diagnoses it as work-related). Ohio Rev. Code § 4123.84; BWC, Filing a claim |
| Oklahoma | Unless the worker gives oral or written notice to the employer within 30 days of the date of the injury, there is a rebuttable presumption that the injury was not work-related, which the worker must overcome by a preponderance of the evidence. For an occupational disease or cumulative trauma, notice is due within 30 days of separation from employment to avoid a similar presumption, and written notice must be given within six months after the first distinct manifestation of the condition (or within six months after death). The employer must report the injury to the Commission within 10 days of receiving notice. 85A Okla. Stat. §§ 63, 67, 68 | A claim for an injury must be filed with the Workers' Compensation Commission within one year from the date of injury or, if the worker has received benefits, within six months from the date the last benefits were issued. Occupational disease claims generally must be filed within two years of the last injurious exposure, and death claims within two years of the death. If a timely claim is filed but the worker does not request a hearing within six months, or does not receive or seek benefits for six months, the employer can move to have the claim dismissed. 85A Okla. Stat. § 69 |
| Oregon | The worker (or a beneficiary) must give notice of an accident immediately, and no later than 90 days after the accident. Notice must be in writing and tell the employer when, where and how the injury happened; it can be mailed or personally delivered to the employer or a supervisor. A late notice bars the claim unless given within one year and the employer knew of the injury, the worker died within 180 days, or the worker shows good cause for the delay. ORS 656.265 | Oregon law defines a claim as a written request for compensation by or for the worker, or any compensable injury the employer has notice or knowledge of. Claims are started by giving the employer written notice within 90 days of the accident, and late notice is allowed only within one year of the accident in limited circumstances (employer knowledge, death within 180 days, or good cause). If a health benefit plan rejects a claim as work-related, the worker may file a workers' compensation claim within 90 days of that rejection. ORS 656.005(6), 656.265 |
| Pennsylvania | Report any injury to your employer or supervisor immediately, including the date and place of injury. Unless the employer already knows of the injury or the worker gives notice within 21 days, no compensation is due until notice is given; notice must be given no later than 120 days after the injury for compensation to be allowed. Pa. Workers' Compensation Act § 311; LIBC-100 | Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. If the employer or its insurer denies the claim, the worker has three years from the date of injury to file a claim petition with the Workers' Compensation Office of Adjudication. For occupational diseases, the disability must occur within 300 weeks of the last hazardous employment, and the petition must be filed within three years from the date of injury/disability. Pa. Workers' Compensation Act § 315; LIBC-100 |
| Rhode Island | Report the injury to your employer immediately, or as soon as you realize it is work-related. No proceeding for compensation can be maintained unless notice of the injury is given to the employer within 30 days after the injury happens or appears. The notice must state, in ordinary language, the nature, time, place and cause of the injury and the injured person's name and address, and be signed by or for the injured person. R.I. Gen. Laws §§ 28-33-30, 28-33-31; DLT FAQ | A claim is barred unless weekly compensation has started or a petition has been filed with the Workers' Compensation Court within two years after the injury or incapacity occurs or appears (or within two years after a death or after a physical or mental incapacity ends). For latent injuries, the time starts when the worker knew or should have known of the impairment and its connection to work, or after disablement, whichever is later. R.I. Gen. Laws § 28-35-57 |
| South Carolina | The injured worker must notify the employer immediately, or as soon as practicable, after the accident. No compensation is payable unless notice is given within 90 days after the accident or death, unless the worker has a reasonable excuse and the employer was not prejudiced. For repetitive trauma, notice is due within 90 days of when the worker discovered, or reasonably could have discovered, that the condition is compensable. The Commission advises reporting to a supervisor, manager or on-site nurse, since telling a co-worker may not count. S.C. Code § 42-15-20; S.C. Workers' Compensation Commission, Injured Worker FAQ's | The right to compensation is barred unless a claim is filed with the Workers' Compensation Commission within two years after the accident (or two years after a death). For occupational diseases, the two years start when the worker is definitively diagnosed and told of the diagnosis. For repetitive trauma, the claim must be filed within two years after the worker knew or should have known the injury was compensable, but no more than seven years after the last injurious exposure. The Commission notes that the worker must file a claim even if the employer has already reported the injury. S.C. Code § 42-15-40; S.C. Workers' Compensation Commission, Injured Worker FAQ's |
| South Dakota | The employee must notify the employer immediately, or as soon as practical, and give written notice no later than three business days after the injury. The notice can be in any form but must say when, where and how the injury happened. Failing to give notice bars the claim unless the employer had actual knowledge of the injury, or the employee gave later written notice and had good cause for the delay (which is liberally construed in the employee's favor). SDCL 62-7-10 | 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 with the Department of Labor and Regulation within two years of that notice. If benefits have been paid, a claim for additional compensation must be filed within three years from the date of the last payment. SDCL 62-7-35, 62-7-35.1 |
| Tennessee | Report the injury to your supervisor immediately. For injuries on or after July 1, 2016, employees generally have 15 calendar days from when they knew or should have known about a suspected work injury to report it to the employer. Tenn. Bureau of Workers' Compensation, Filing a Claim | If the claim is disputed, the worker protects their rights by filing a Petition for Benefit Determination with the Bureau. In most cases, the deadline is one year from the date of injury, or from the date the last temporary disability benefits were paid or medical benefits were provided, whichever is latest. Tenn. Bureau of Workers' Compensation, What Are My Rights; Beginner's Guide |
| Texas | The employee, or someone acting for the employee, must notify the employer of the injury no later than the 30th day after the injury (or, for an occupational disease, after the employee knew or should have known it may be work-related). Notice may be given to the employer or to an employee in a supervisory or management position. Tex. Lab. Code § 409.001 | The employee must file a claim for compensation with the Division of Workers' Compensation no later than one year after the injury (or, for an occupational disease, one year after the employee knew or should have known it was work-related). Missing the deadline relieves the employer and insurer of liability unless there was good cause or the employer/insurer does not contest the claim. Tex. Lab. Code §§ 409.003, 409.004 |
| Utah | An injured employee must promptly notify the employer of the injury (next of kin or an attorney may do so if the employee cannot). A claim for benefits is barred if the employee does not notify the employer or the Industrial Accidents Division within 180 days after the injury (occupational hearing loss has its own time limit). The Labor Commission advises reporting immediately to a physician, supervisor, manager or human resources. Utah Code § 34A-2-407; Utah Labor Commission, Injured Workers | If benefits are disputed, a claim for disability compensation is barred unless the employee files an Application for Hearing with the Labor Commission's Division of Adjudication within six years of the accident and proves entitlement within 12 years of the accident (with limited exceptions). A claim for death benefits must be filed within one year of the death. Medical bills must be submitted to the employer or insurer within one year of the later of when they were incurred or when the worker knew they were related to the work injury. Utah Code § 34A-2-417 |
| Vermont | Notice of the injury must be given to the employer as soon as practicable after it happens. The Department of Labor tells workers to notify the employer immediately (or, for an injury that develops over time, as soon as they are aware of it). A late or missing notice does not bar the claim if the employer knew of the accident or was not prejudiced by the delay. 21 V.S.A. §§ 656, 660; Vermont Department of Labor, Claims Filing | A claim for compensation must be made within six months after the injury (or after a death), unless compensation has been paid voluntarily; if a claim is denied after voluntary payments, proceedings must begin within six months of the denial. A late claim is not barred if the employer knew of the accident or was not prejudiced. In any case, proceedings to start a claim may not begin more than three years after the date of injury; occupational disease claims must be made within two years of when the disease is reasonably discoverable and apparent. 21 V.S.A. §§ 656, 660 |
| Virginia | The injured employee must give the employer written notice of the accident immediately, or as soon as practicable, stating the employee's name and address, the time and place of the accident, and the nature and cause of the accident and injury. No compensation or medical benefits are payable unless written notice is given within 30 days after the accident, unless the employee has a reasonable excuse and the employer was not prejudiced. The Commission says occupational diseases must be reported within 60 days of when the disease is communicated. Va. Code § 65.2-600; Virginia Workers' Compensation Commission, Injured Workers | The right to compensation is forever barred unless a claim is filed with the Virginia Workers' Compensation Commission within two years after the accident. Notifying the employer is not the same as filing a claim, and a claim must be filed even if the employer or insurer has paid voluntarily. For death benefits, a claim must have been filed within two years of the accident and the death claim within two years of the death. Most occupational disease claims must be filed within two years of being told the disease is work-related and within five years of the last exposure. Va. Code § 65.2-601; Virginia Workers' Compensation Commission, Injured Workers |
| Washington | A worker who is injured must report the accident to the employer, superintendent or supervisor forthwith (right away). L&I advises reporting to your employer as soon as possible; otherwise the employer may ask L&I to deny the claim. The employer must report the accident to L&I when the worker received treatment, was hospitalized, was disabled from work, or died. Employers may not engage in claim suppression. RCW 51.28.010; L&I, Workers' Compensation Benefits guide | An injury claim must be filed within one year after the day of the injury. Occupational disease claims must be filed within two years of receiving written notice from a health care provider that the condition exists and is work-related. RCW 51.28.050; L&I, Workers' Compensation Benefits guide |
| West Virginia | An injured employee (or representative) must give the employer or its agent written notice of the injury immediately, or as soon as practicable, stating the employer's and employee's names and addresses, the time, place, nature and cause of the injury, and whether temporary total disability resulted. Notice may be delivered personally or sent by certified mail to the employer. W. Va. Code § 23-4-1a | An application for compensation must be filed on the prescribed form with the Insurance Commissioner, the private carrier or the self-insured employer (whichever applies) within six months after the injury or death; otherwise the right to compensation is forever barred. Occupational pneumoconiosis and other occupational disease claims have separate, longer time limits (for occupational pneumoconiosis, three years). W. Va. Code § 23-4-15 |
| Wisconsin | No claim can be pursued unless the employer (or an officer, manager or designated representative, or any superior if none is designated) actually receives notice within 30 days after the injury, or within 30 days after the worker knew or should have known of the disability and its relation to work. Lack of notice does not bar the claim if the employer was not misled. In any case, if no compensation (other than medical or burial expenses) has been paid and no application is filed within two years, the claim is barred unless the employer knew or should have known of the injury within those two years. DWD advises telling your supervisor immediately. Wis. Stat. § 102.12; DWD, Worker's Compensation for Workers | If no compensation other than medical treatment or burial expenses has been paid, an application must be filed with the Department of Workforce Development within two years of the injury (or of when the worker knew or should have known it was work-related), unless the employer knew or should have known of the injury within that period. Once a claim is established, the right to proceed generally lasts six years for traumatic injuries and 12 years for occupational diseases, measured from the injury or the last payment of compensation, whichever is later. Wis. Stat. §§ 102.12, 102.17(4); DWD, Worker's Compensation for Workers |
| Wyoming | As soon as practical, but no later than 72 hours after the general nature of the injury becomes apparent, the injured employee must report the accident or injury to the employer in writing or by another approved method. The employee must also file an injury report with the employer and the Workers' Compensation Division within 10 days after the injury becomes apparent. Failing to do so creates a presumption that the claim will be denied, which the worker can overcome only by clear and convincing evidence that the employer and Division were not prejudiced. Wyo. Stat. § 27-14-502; Wyo. Dept. of Workforce Services, Injured Workers FAQ | In addition to the injury reports, an application or claim for benefits must be filed within one year after the injury (or, for injuries not readily apparent, within one year after the worker discovers it); the injury report itself is not a claim. For injuries that develop over a long period, the claim must be filed within one year after a diagnosis is first communicated to the worker or within three years of the last injurious workplace exposure, whichever is later. Wyo. Stat. § 27-14-503 |
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.