What's A Statute of Limitations for Workers' Compensation?

A statute of limitations is a time limit for filing a claim for workers' compensation benefits. For many civil claims or criminal charges there are a statute of limitations. If you wait past this specified time, you are not eligible to file a claim or recover compensation.

The statute of limitations for a workers' compensation claim can vary significantly from one state to another. Depending on the state where you are employed, the statute of limitations can range from a year to two or three years.

As an example, a valid workers' compensation claim must be filed within two years from the date of injury or two years from the last compensation payment.

In Tennessee, an injured worker must file Form C40B within a year of the date of the workplace injury.

Individual State Laws Regarding Time Limits

If you are working in Alaska, you must provide your employer and the workers' compensation board with notice of a death or injury within 30 days of the accident. In Arizona, you have to file a claim within a year of the injury.

In Arkansas, a claim must be filed within two years of the date if the injury or within a year of the date of the last compensation payment. Connecticut calls for a claim to be filed within a year of the injury date or within three years from the first manifestation of the symptoms of any occupational disease that you will file a claim for.

In Kansas, workers have 200 days from the date of accident or last benefits payment to file a claim.

In Pennsylvania, workers have three years from the date of injury to file a claim and if benefits were terminated, the worker has three years to seek a reinstatement of benefits.

Workers' Compensation Benefits

Workers' compensation benefits might vary from one state to another, but in general, they offer the same coverage. If you are hurt at work, medical benefits should kick in right away. That means your employer or your employer's insurer will cover the costs of any medical expenses related to your injury.

Even if your claim is later denied, your medical expenses should still be covered. If you miss more than a week of work, you might receive a percentage of your compensation. Usually, it is about two-thirds of your regular salary.

If you have suffered permanent disabilities or injuries, you might receive additional compensation.

Consult With A Workers' Compensation Attorney

If you have suffered a work-related injury or have been diagnosed with an occupational disease or medical condition, you should consult with a workers' compensation attorney in your state as quickly as possible.

You don't want to wait too long to file a claim or you might miss out on the benefits that you are entitled to receive.

A workers' compensation attorney works on a contingency basis, so you will not have anything to lose. There will be no out of pocket expenses or costs up front. Instead, the lawyer will not be paid until you get a judgment or settlement for your workers' compensation claim.

Because of the complexity of the claims process and the statute of limitations that apply, you should schedule a free case evaluation right away.

Don't wait until it is too late to receive the benefits that you are entitled after a work incident.

Additional Resources