Workers' compensation claims have strict deadlines—miss them, and you may lose your right to benefits entirely. Understanding these time limits and acting promptly protects your ability to receive compensation for your workplace injury.
Reporting Deadlines to Your Employer
You must report your injury to your employer within a specific timeframe. Most states require notification within 30-90 days of the injury, though some allow more or less time. For example: California requires notice within 30 days. New York requires 30 days. Texas requires 30 days. Florida requires 30 days. Illinois allows 45 days.
Report as soon as possible—even if you think the injury is minor. Waiting can raise questions about whether the injury is truly work-related.
How to Report
Report your injury in writing to create a record. Include the date of injury, how the injury occurred, body parts affected, and witnesses if any. Keep a copy for your records. Verbal reports may work legally but are harder to prove if your employer denies receiving notice.
Filing Deadlines with Workers' Comp
Separate from employer notification, you must file a claim with the workers' compensation system within the statute of limitations. Most states allow 1-3 years from the injury date, though some allow more or less. Examples: California allows 1 year. New York allows 2 years. Texas allows 1 year. Florida allows 2 years. Pennsylvania allows 3 years.
These deadlines typically run from the date of injury or, for occupational diseases, from when you knew or should have known your condition was work-related.
Occupational Disease Deadlines
For gradual injuries and occupational diseases, deadline calculation is more complex. The clock may start when symptoms first appeared, when you knew or should have known the condition was work-related, when you last worked in conditions causing the disease, or when you received a diagnosis linking the condition to work.
States vary in how they handle these "discovery rule" situations. Consult an attorney if you have an occupational disease claim.
Medical Treatment Deadlines
Some states limit how long you can receive medical treatment after an injury. Additionally, gaps in treatment may allow the insurance company to argue you've recovered. Continue treating as recommended and document your ongoing need for care.
Benefit Duration Limits
Temporary disability benefits have maximum duration limits in most states—typically 104-500 weeks depending on the state and injury type. Permanent disability benefits may be paid as scheduled awards (limited weeks) or as lifetime benefits for total disability.
Appeal Deadlines
If your claim is denied, you have limited time to appeal. Appeal deadlines are often short—sometimes 30-90 days from the denial. Missing the appeal deadline may permanently bar your challenge to the denial.
Reopening Claims
If your condition worsens after your case closes, you may petition to reopen. Most states limit reopening to a specific period after the original award—often 1-5 years. After this window closes, you generally cannot seek additional benefits even if your condition deteriorates.
Consequences of Missing Deadlines
Missing workers' comp deadlines can permanently bar your claim. You may lose the right to medical treatment coverage, wage replacement benefits, permanent disability compensation, and any future benefits related to the injury.
Courts strictly enforce these deadlines—even sympathetic cases lose if deadlines are missed.
Exceptions and Extensions
Limited exceptions may extend deadlines: minority (being under 18) may toll deadlines until adulthood; mental incapacity may pause the clock; employer fraud in concealing injuries may extend time; and military service may provide tolling.
These exceptions are narrow—don't rely on them. File on time.
Protecting Your Rights
To protect your claim: report injuries immediately (don't wait to see if symptoms worsen); file claims promptly (don't wait until near the deadline); document everything with dates; respond quickly to any insurance company requests; appeal denials immediately; and consult an attorney if you're unsure about deadlines.