How Long Do I Have to File A Work Injury Claim?

TWO-YEAR STATUTE OF LIMITATIONS
If no weekly benefits have been paid to the injured worker, the injured worker has two years from the date of the injury to file a workers’ compensation claim.  Medical benefits DO NOT count as weekly benefits.

The discovery rule can extend the two-year statute of limitations.  The two-year statute of limitation does not begin until the injured worker:
  1. knows of the injury; and
  2. Is aware of its probable, compensable nature.
The “cumulative injury rule” can also extend the two-year statute of limitations.  The “cumulative injury rule” applies to injuries that develop over the course of time, such as carpal tunnel.  The date of the injury is when the cumulative injury manifests itself – when the injury and causal relationship of the injury to the claimant’s employment would be plainly apparent to a reasonable person.
 
THREE-YEAR STATUTE OF LIMITATIONS
If weekly benefits have been paid to the injured worker, the worker has three years from the date of last payment to file a claim.  The operative date is the date the payment was issued, not the date it was received. 
 
90-DAY NOTICE REQUIREMENT
An injured worker is required to give notice to their employer of the injury within 90 days of the injury.  If the employer has first-hand knowledge of the injury, that is sufficient. 

The discovery rule also applies to the 90-day notice requirement.  The 90-day notice requirement runs from the date the employee, acting as a reasonable person, recognizes its nature, seriousness, and probable compensable nature. 

No particular form of notice is required by law; however, best practice is to notify the employer in writing.