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:
|Alabama||2 years from the date of accident OR 2 years after the last compensation payment|
|Alaska||30 days notice|
|Arizona||1 year of the date of accident|
|Arkansas||2 years of the workplace accident OR 1 year after the last compensation payment|
|California||1 year from the date of accident|
|Colorado||2 years from the date of accident|
|Connecticut||1 year from the date of accident OR 3 years after the first signs/symptoms of a workplace injury/illness|
|District of Columbia||1 year from the date of accident|
|Delaware||2 years from the date of work zone accident OR 5 years after the last compensation payment|
|Florida||2 years from the date of accident OR 1 year after the last compensation payment|
|Georgia||1 year of the accident|
|Hawaii||2 years after first symptoms of injury or illness AND within 5 years after the date of the accident|
|Idaho||No time limit OR within 1 year after the last compensation payment, if paid for more than 4 years|
|Illinois||2 years after the last worker’s compensation payment OR 3 years from the date of injury|
|Indiana||2 years from the date of construction accident OR 2 years after last worker’s compensation payment|
|Iowa||2 years from the date of accident OR within 3 years after last worker’s comp payment|
|Kansas||200 days after the accident OR 200 days after last benefits payment|
|Kentucky||2 years after the initial injury OR last payment of benefits|
|Louisiana||1 year after the date of injury OR 1 year after symptoms develop… but no later than 2 years after a construction accident|
|Maine||2 years after employer’s deadline to file a First Report OR 2 years after the date of injury if no First Report was filed|
|Maryland||2 years after a workplace accident OR within 18 months after a work-related fatality OR within 1 year after symptoms of illness|
|Massachusetts||4 years after injury or illness symptoms manifest|
|Michigan||2 years after a workplace accident|
|Minnesota||3 years after a First Report of Injury is filed with the Minnesota Dept. of Labor and Industry OR within 6 years of the injury|
|Mississippi||2 years after a work accident OR 1 year after filing of Form B-31 OR 1 year after a claim denial|
|Missouri||2 years after a construction injury OR 1 year after the last disability payment|
|Montana||1 year after an accident OR within 2 years of first diagnosis/symptoms of illness|
|Nebraska||2 years after the accident OR 2 years after the last payment of compensation|
|Nevada||90 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 Hampshire||2 years after the accident|
|New Jersey||2 years after a workplace or construction injury OR 2 years after the last worker’s comp payment|
|New Mexico||1 year after the insurance company has started to pay you OR 1 year after a claim is denied|
|New York||2 years after the accident OR 2 years after the last payment of worker’s compensation|
|North Carolina||2 years after the date of an injury. Note: Form 18 must be filed with the state’s Industrial Commission within this time frame|
|North Dakota||1 year from the date of a workplace accident or construction injury|
|Ohio||2 years after a construction accident or workplace injury OR 2 years after first injury symptoms OR 6 months after an illness is diagnosed|
|Oklahoma||2 years after an accident OR 2 years after the last worker’s compensation payment|
|Oregon||2 years from the date of the accident OR 180 days after a claim is denied|
|Pennsylvania||3 years after an injury OR 300 weeks after the last exposure for occupational disease claims|
|Rhode Island||2 years after a construction accident or workplace injury|
|South Carolina||2 years after an accident or the date the injury was diagnosed/discovered|
|South Dakota||1 year after an accident|
|Tennessee||1 year after the date of an injury. Note: Form C40B must be filed|
|Texas||1 year after an injury is diagnosed|
|Utah||1 year after the accident|
|Vermont||6 months after a construction accident or work zone injury. Note: if employer had knowledge of an injury, deadline can be extended|
|Virginia||2 years after an accident|
|Washington||1 year after a work injury|
|West Virginia||6 months after a work or construction accident OR 3 years after a worker was exposed to an occupational disease|
|Wisconsin||2 years after a worker has been injured OR 12 years if the employer knew or should have known about the injury|
|Wyoming||1 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