Once a workplace injury occurs, there’s a set deadline for informing the workers’ compensation insurance provider and submitting the necessary paperwork. Timely reporting of a work-related injury often spells the difference between getting the right compensation and having a claim denied.
But how long does an employee have to report an injury they suffered in the workplace? How much time do employers have to file a claim once they have been informed of the injury? What obligations do employers and employees have when it comes to job-related injuries? Insurance Business answers these questions and more in this guide.
If you’re an employer wanting to gain a deeper understanding of how reporting of workplace injuries and illnesses works, this article will give a state-by-state breakdown. Insurance professionals can also share this guide with their business owner-clients who may have questions about their state’s workers’ compensation reporting requirements.
Each state has its own requirements when it comes to reporting work-related injuries and illnesses. The deadline can range from a few days to several months. Some states require employees to inform their employers of their injuries as soon as possible.
While there are some states that don’t require your staff to provide written notice, it helps to have documentation for recordkeeping purposes. Prompt reporting of workplace injuries helps speed up the processing of a workers’ compensation claim.
Here’s a state-by-state breakdown of the reporting requirements for a job-related injury. You can also click on the links to access the full details of the workplace injury and illness reporting rules in your jurisdiction.
|
State/District |
Reporting deadline |
Written notice required |
|
5 days |
Yes |
|
|
30 days |
Yes |
|
|
as soon as possible |
No |
|
|
as soon as possible |
Yes, on Form N |
|
|
30 days |
Yes |
|
|
10 days |
Yes |
|
|
as soon as possible |
No |
|
|
90 days |
No |
|
|
30 days |
Yes |
|
|
30 days |
No |
|
|
30 days |
No |
|
|
as soon as possible |
Yes |
|
|
60 days |
No |
|
|
45 days |
No |
|
|
30 days |
Yes |
|
|
90 days |
No |
|
|
20 days |
No |
|
|
as soon as possible |
No |
|
|
30 days |
No |
|
|
60 days |
Yes |
|
|
10 days |
No |
|
|
as soon as possible |
No |
|
|
90 days |
No |
|
|
14 days |
Yes |
|
|
30 days |
No |
|
|
30 days |
Yes |
|
|
30 days |
No |
|
|
as soon as possible |
Yes |
|
|
7 days |
Yes, on Form C1 |
|
|
2 years |
No |
|
|
14 days |
No |
|
|
15 days |
Yes |
|
|
30 days |
Yes |
|
|
30 days |
Yes |
|
|
7 days |
No |
|
|
as soon as possible |
No |
|
|
30 days |
No |
|
|
90 days |
Yes |
|
|
21 days |
No |
|
|
30 days |
Yes |
|
|
90 days |
No |
|
|
3 days |
Yes |
|
|
15 days |
Yes |
|
|
30 days |
No |
|
|
180 days |
No |
|
|
as soon as possible |
No |
|
|
30 days |
Yes |
|
|
as soon as possible |
No |
|
|
as soon as possible |
Yes |
|
|
30 days |
No |
|
|
3 days |
No |
Reporting an injury is just one of the several steps involved in a workers’ compensation claim. Learn more about how workers’ compensation works in each state by checking out this guide.
Once an employee notifies you of a job-related injury, the responsibility shifts to you, as an employer, to file a claim through your insurance provider. Each state has varying time frames for filing an injury claim.
Some states also impose extended deadlines for occupational illnesses. This is because it often takes time for the symptoms to show and for employees to get a proper diagnosis. The time frame for filing a claim for a work-related illness starts upon “manifestation of the disease.” This means when a worker first becomes aware of the condition from a doctor’s diagnosis.
Here’s a state-by-state breakdown of the deadlines for filing a workers’ compensation insurance claim:
|
State/District |
Filing deadline |
|
Alabama |
2 years from the date of injury |
|
Alaska |
2 years from the date of injury |
|
Arizona |
1 year from the date of injury |
|
Arkansas |
2 years from the date of injury |
|
California |
1 year from the date of injury |
|
Colorado |
2 years from the date of injury |
|
Connecticut |
1 year from the date of injury 3 years after first symptom of occupational illness |
|
Delaware |
1 year from the date of injury |
|
District of Columbia |
1 year from the date of injury |
|
Florida |
2 years from the date of injury |
|
Georgia |
1 year from the date of injury |
|
Hawaii |
5 years from the date of injury 2 years after first symptom of occupational illness |
|
Idaho |
No deadline |
|
Illinois |
3 years from the date of injury |
|
Indiana |
2 years from the date of injury |
|
Iowa |
2 years from the date of injury |
|
Kansas |
3 years from the date of injury |
|
Kentucky |
2 years from the date of injury |
|
Louisiana |
1 year from the date of injury |
|
Maine |
2 years from the date of injury |
|
Maryland |
60 days from the date of injury 2 years after death or disablement |
|
Massachusetts |
4 years from the date of injury |
|
Michigan |
2 years from the date of injury |
|
Minnesota |
3 years after employer submits a report to the Department of Labor and Industry (DLI) Must not exceed 6 years after date of injury |
|
Mississippi |
2 years from the date of injury |
|
Missouri |
2 years from the date of injury 3 years if the employer fails to file a timely report with the Division of Workers’ Compensation (DWC) |
|
Montana |
1 year from the date of injury |
|
Nebraska |
2 years from the date of injury |
|
Nevada |
90 days from date of injury or discovery of occupational illness |
|
New Hampshire |
3 years from the date of injury |
|
New Jersey |
2 years from the date of injury |
|
New Mexico |
1 year following a claim denial |
|
New York |
2 years from the date of injury |
|
North Carolina |
2 years from the date of injury |
|
North Dakota |
1 year from the date of injury or discovery of occupational illness |
|
Ohio |
1 year from the date of injury |
|
Oklahoma |
1 year from the date of injury 2 years from last exposure occupational illness |
|
Oregon |
2 years from the date of injury |
|
Pennsylvania |
3 years from the date of injury 300 weeks from last exposure for occupational illness |
|
Rhode Island |
2 years from the date of injury |
|
South Carolina |
2 years from the date of injury or discovery of occupational illness |
|
South Dakota |
2 years from the date of injury |
|
Tennessee |
1 year from the date of injury |
|
Texas |
1 year from the date of injury or discovery of occupational illness |
|
Utah |
1 year from the date of injury |
|
Vermont |
6 months from the date of injury |
|
Virginia |
2 years from the date of injury |
|
Washington |
1 year from the date of injury 2 years from diagnosis of an occupational illness |
|
West Virginia |
6 months from the date of injury 3 years from discovery or last exposure for occupational illness |
|
Wisconsin |
2 years from the date of injury 6 years for traumatic injuries 12 years for occupational illnesses |
|
Wyoming |
1 year from the date of injury |
Curious about the highest workers’ compensation settlements in US history? The Insurance Business research team compiled the list in this guide.
Both the employers and their employees have certain obligations when workplace injuries happen.
As an employer, you play an important role in helping injured workers achieve better health-related outcomes. Here are some of your key responsibilities when workplace injuries occur:
You should be able to evaluate the extent of the injury. This will help you decide whether to call an ambulance, take the injured worker to the hospital, or let them seek medical treatment themselves. Even if the injury seems minor, the employee should still be checked by a medical professional to ensure that it doesn’t lead to something more serious.
Getting all the necessary information allows for a faster and more seamless workers’ compensation claims process. Be sure to document:
Ideally, you should file a claim within 24 hours of being notified of the injury. When filing a claim, employers may need to provide:
Prompt reporting of a workplace injury allows your employee to access the medical care they need as quickly as possible.
Employees are responsible for the timely reporting of work-related injuries to their employers. Some states require workers to submit a written notice informing their employers of the details of the injury. These include the date, time, and type of injury, and how it occurred.
Apart from helping speed up the claims process, reporting an injury as soon as possible can ensure that workers get the appropriate compensation.
"Workers' compensation (WC) provides wage replacement and medical benefits to employees injured in the course of employment,” said Jeff Eddinger, senior division executive at the National Council on Compensation Insurance (NCCI). In exchange for these guaranteed benefits, employees give up their right to sue their employer for negligence.
“The system is designed to protect both employees and employers by ensuring prompt medical treatment and compensation for injured workers, while limiting the liability of employers.”
Here’s an overview of the types of benefits employees are entitled to, according to Eddinger.
The financial impact of workplace accidents highlights the importance of workers’ compensation insurance for small businesses. Find out more in this guide.
The Occupational Safety and Health Administration (OSHA) provides a list of “recordable injury or illness” on its recordkeeping and reporting requirements. These include any work-related:
OSHA also has special reporting criteria for work-related incidents involving:
Here’s an overview of the workers’ compensation claims process as explained by Eddinger:
The injured worker must report the injury to their employer within a specific time frame. This varies by jurisdiction.
The worker or their employer must file a claim with the state's WC agency or the employer's insurance carrier. This involves submitting medical reports and other documentation.
The insurance carrier reviews the claim, which may involve investigating the circumstances of the injury and obtaining additional medical opinions.
If the claim is approved, the insurance carrier will determine the benefits to be paid based on the severity of the injury and the worker's wage.
If there is a dispute over the claim, such as a denial of benefits, there are mechanisms in place for resolving disputes. These may include mediation, hearings, and appeals.
It is the employee's responsibility to notify their employer of a work-related injury. Each state has a set deadline for doing so. The biggest consequence of failing to report an injury within the time frame is having the workers’ compensation claim denied.
On the employer's part, failing to report or lying about a workplace injury can result in fines. The amount varies between states, but it can range from a few hundred to thousands of dollars per incident.
This guide lists the most common reasons why workers’ compensation claims are denied and how these can be avoided.
Where can you find the best workers’ compensation insurance providers?
Our Best in Insurance Special Reports Page is the place to go if you’re looking for the best workers’ compensation insurance providers to partner with. The insurers featured in our special reports have been nominated by their peers and vetted by our panel of experts as respected and dependable market leaders.
Recently, we unveiled the five-star winners of our Top Workers’ Compensation Insurance Companies in the USA awards. These providers were recognized for delivering outstanding service for their clients in time of need. By partnering with these companies, you can have peace of mind knowing that you’re financially protected when workplace injuries occur.
Do you have experience with employees having to report an injury that you want to share? We’d love to see your story in the comments.
