Statute Of Limitations For Workers’ Comp (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Each state has a different deadline for filing a workers’ comp claim
- Missing the deadline will bar you from recovering your losses
If you suffered a work-related illness or injury, you may be entitled to file a workers’ compensation claim. These types of legal actions have deadlines, called statutes of limitations, that you should not miss. Learn more about the statute of limitations for workers’ comp claims in each state.
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What Is the Workers' Compensation Statute of Limitations?
The statute of limitations for workers’ comp claims is the deadline by which you have to begin legal action.
State-by-State Filing Deadlines for Workers' Comp Claims
Knowing the filing deadlines in your state can keep you from missing out on getting compensation.
| State | Statute of Limitations |
|---|---|
| Alabama | Two years |
| Alaska | Two years |
| Arizona | One year |
| Arkansas | Two years |
| California | One year |
| Colorado | Two years |
| Connecticut | One year (three for occupational diseases) |
| Delaware | Two years |
| Florida | Two years |
| Georgia | One year |
| Hawaii | Five years |
| Idaho | None |
| Illinois | Three years |
| Indiana | Two years |
| Iowa | Two years |
| Kansas | 200 days |
| Kentucky | Two years |
| Louisiana | One year |
| Maine | Two years |
| Maryland | Two years |
| Massachusetts | Four years |
| Michigan | Two years |
| Minnesota | Six years |
| Mississippi | Two years |
| Missouri | Two years |
| Montana | One year |
| Nebraska | Two years |
| Nevada | 90 days |
| New Hampshire | Three years |
| New Jersey | Two years |
| New Mexico | One year from claim denial |
| New York | Two years |
| North Carolina | Two years |
| North Dakota | One year |
| Ohio | One year |
| Oklahoma | One year |
| Oregon | Two years |
| Pennsylvania | Three years |
| Rhode Island | Two years |
| South Carolina | Two years |
| South Dakota | Two years |
| Tennessee | One year |
| Texas | One year |
| Utah | One year |
| Vermont | Six months |
| Virginia | Two years |
| Washington | One year |
| West Virginia | Six months |
| Wisconsin | Two years |
| Wyoming | One year |
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Reporting Injuries and Other Critical Deadlines
Before you can begin a workers’ comp claim, you will need to let your employer know that you suffered injuries. Each state has different deadlines when it comes to reporting these injuries. Your employer will also have deadlines to meet for presenting the claim.
Exceptions and Extensions That May Affect Your Deadline
If you didn’t discover that you were hurt until months or years after the injury occurred, you may be able to get an extension. The statute of limitations will begin running from the moment you discover you were hurt. This is vital for occupational diseases, which might present much later.
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What Happens if You Miss the Filing Deadline?
You will not be able to recover your losses if you miss the deadline. Getting legal assistance can help you meet the timing requirements so that your claim is protected.
Get Started With Your Claim
At ConsumerShield, we offer resources and tools to guide you through any legal process you’re undertaking. Check out the range of options we have to offer.
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Workers’ Compensation Knowledge Base
Read the latest information on Workers’ Compensation and find answers to your questions. Currently there are 27 topics about Workers’ Compensation Claims.
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How Long Does It Take
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Insurance Requirements
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What Not To Do
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Workers Exemption
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Injury Lawyer
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Lawyers Wont Tell You
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Settlements & Payouts
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Compensation Lawsuit
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When Offer Settlement
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Insurance Cost
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Carpal Tunnel
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Workers’ Compensation
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vs Personal Injury
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Statute Of Limitations
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Claim Process
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Surgery Impact Settlement
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Laws By State
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Spinal Cord Lawyer
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Employment Lawyers
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Collect After Fired
Frequently Asked Questions
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As soon as you realize you suffered an injury and need to begin a claim, you should hire an attorney to assist you.
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Yes, like other types of personal injury lawyers, workers’ comp attorneys only get paid if you do.
