For injuries that have occurred on or after January 1, 1986, a claim must be filed with the insurer within 4 years of the date in which you became aware of a tie between your injury and/or illness and your employment. However, if the insurer pays for medical treatment or any indemnity benefits (weekly disability check) there is no statute of limitations. For example, if you suffer an injury 10 years ago but the workers’ compensation insurer paid you one week of disability benefits, then the Statute of limitations does not bar you from filing a workers’ compensation claim.
If there is happens to be a death of a worker, the claim has to be filed within 4 years of the date of the passing. If the claim is filed four years from the date of the incident, you can open the case for settlement at any time thereafter. If you collect a Form 104, an Insurer’s Notification of Denial form, you have 4 years from the date you received the denial appeal. For injuries that took place before January 1, 1986, the statute of limitations is 1 year. It is 1 year regardless of the employee’s awareness of the connection between the injury or illness and your work.
