Is There a Statute of Limitations for Workers' Comp Claims?

Learn how long injured employees have to file their workers' compensation claims.

Updated by , Attorney · UC Law San Francisco

Workers' compensation laws require an employee (or his or her family) to file a claim for workers' comp benefits within a certain amount of time.

Workers' Comp Filing Deadlines

Each state has its own workers' comp laws, and in some states the "statute of limitations" (deadline) for filing a claim depends on the type of injury.

Typically, however, you will be safe if you file for benefits within one year of the date of your injury or accident.

Deadline to Report Your Injury

There is another deadline involved with workplace injuries, however, and that is notification of your employer. Generally, you have to notify your employer within 30-45 days of being injured, or you can lose your right to file a workers' comp claim.

This notification can be formal, such as sending a letter or email saying that you cut your hand on a piece of equipment, or informal, such as mentioning to your boss that your wrist hurts. It's safest to notify your employer in writing, and include the date and place of the accident or injury.

Learn more about when to report a workplace injury or illness that developed over time.

Contact an Attorney

If you've suffered a serious injury at work, contact a workers' comp lawyer for help filing your claim.

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