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What Is The Time Limit For A Work Related Injury?

/ Construction Accidents, Personal Injury /

NEW YORK – Workplace injuries are often complicated – but they don’t have to be! Many injured workers ask our New York construction accident lawyers, What Is The Time Limit For A Work Related Injury?

Legally speaking, each state has a law called a Statute of Limitations which tells an injured person how long they have to file a personal injury claim. Workplace injuries are no different.

What Is The Time Limit For A Work Related Injury?

Workers usually have two years after the date of the accident to file a personal injury claim. However, there are some exceptions:

  • If the insurance company has already provided some medical benefits.
  • If the employer has already paid for or provided medical benefits.
  • The accident happened in a different state.

Each state has its own unique statute of limitations which tell workers how long they have to file a personal injury claim for a work related injury:

Alabama2 years from the date of accident OR 2 years after the last compensation payment
Alaska30 days notice
Arizona1 year of the date of accident
Arkansas2 years of the workplace accident OR 1 year after the last compensation payment
California1 year from the date of accident
Colorado2 years from the date of accident
Connecticut1 year from the date of accident OR 3 years after the first signs/symptoms of a workplace injury/illness
District of Columbia1 year from the date of accident
Delaware2 years from the date of work zone accident OR 5 years after the last compensation payment
Florida2 years from the date of accident OR 1 year after the last compensation payment
Georgia1 year of the accident
Hawaii2 years after first symptoms of injury or illness AND within 5 years after the date of the accident
IdahoNo time limit OR within 1 year after the last compensation payment, if paid for more than 4 years
Illinois2 years after the last worker’s compensation payment OR 3 years from the date of injury
Indiana2 years from the date of construction accident OR 2 years after last worker’s compensation payment
Iowa2 years from the date of accident OR within 3 years after last worker’s comp payment
Kansas200 days after the accident OR 200 days after last benefits payment
Kentucky2 years after the initial injury OR last payment of benefits
Louisiana1 year after the date of injury OR 1 year after symptoms develop… but no later than 2 years after a construction accident
Maine2 years after employer’s deadline to file a First Report OR 2 years after the date of injury if no First Report was filed
Maryland2 years after a workplace accident OR within 18 months after a work-related fatality OR within 1 year after symptoms of illness
Massachusetts4 years after injury or illness symptoms manifest
Michigan2 years after a workplace accident
Minnesota3 years after a First Report of Injury is filed with the Minnesota Dept. of Labor and Industry OR within 6 years of the injury
Mississippi2 years after a work accident OR 1 year after filing of Form B-31 OR 1 year after a claim denial
Missouri2 years after a construction injury OR 1 year after the last disability payment
Montana1 year after an accident OR within 2 years of first diagnosis/symptoms of illness
Nebraska2 years after the accident OR 2 years after the last payment of compensation
Nevada90 days from the accident date. Note: You must file a Form C-4, and have the medical provider sign and date it within this time frame
New Hampshire2 years after the accident
New Jersey2 years after a workplace or construction injury OR 2 years after the last worker’s comp payment
New Mexico1 year after the insurance company has started to pay you OR 1 year after a claim is denied
New York2 years after the accident OR 2 years after the last payment of worker’s compensation
North Carolina2 years after the date of an injury. Note: Form 18 must be filed with the state’s Industrial Commission within this time frame
North Dakota1 year from the date of a workplace accident or construction injury
Ohio2 years after a construction accident or workplace injury OR 2 years after first injury symptoms OR 6 months after an illness is diagnosed
Oklahoma2 years after an accident OR 2 years after the last worker’s compensation payment
Oregon2 years from the date of the accident OR 180 days after a claim is denied
Pennsylvania3 years after an injury OR 300 weeks after the last exposure for occupational disease claims
Rhode Island2 years after a construction accident or workplace injury
South Carolina2 years after an accident or the date the injury was diagnosed/discovered
South Dakota1 year after an accident
Tennessee1 year after the date of an injury. Note: Form C40B must be filed
Texas1 year after an injury is diagnosed
Utah1 year after the accident
Vermont6 months after a construction accident or work zone injury. Note: if employer had knowledge of an injury, deadline can be extended
Virginia2 years after an accident
Washington1 year after a work injury
West Virginia6 months after a work or construction accident OR 3 years after a worker was exposed to an occupational disease
Wisconsin2 years after a worker has been injured OR 12 years if the employer knew or should have known about the injury
Wyoming1 year after the accident date OR 1 year after a injury diagnosis

The New York construction accident lawyers at Cellino & Barnes say worker’s compensation is often complicated, no matter what state the accident happened in. If you’ve been injured on the job, talk to an experienced personal injury lawyer for FREE.

If you have any questions about your injury, the insurance company, worker’s compensation. or state laws, our team is here to help 24/7.

Call us for a FREE consultation.

Cellino & Barnes (800) 888-8888

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