How Long Do I Have to Sue for Work-Related Injuries?
Your state's statute of limitations determines how long you have to sue for work-related injuries. Once this deadline has passed, you may lose your right to seek compensation, no matter how serious your injuries are.
Filing a work injury lawsuit within the statute of limitations allows you to pursue compensation that can help pay for medical bills, lost wages, rehabilitation costs, and more.
Work injury statutes of limitations:
- Vary depending on the state where the injury occurred
- Range from 1 to 6 years, with Kentucky and Tennessee giving as little as 1 year and North Dakota and Maine giving 6 years
- May begin on the date of the injury, the date you discovered the injury, or, in occupational disease cases, when you knew or should have known the condition was work-related
Generally, if you’re hurt on the job, you receive workers' compensation benefits through your employer’s insurance. You may need to file a lawsuit if your employer has no insurance or if you have additional claims that go beyond what’s covered by workers’ comp.
Even if you’re receiving workers’ compensation, you can contact a work injury attorney to make sure you don’t miss out on the claims available to you.
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Statutes of Limitations on Work Injury Claims in All 50 States
Each state has its own statute of limitations on work injury claims, and exceptions may grant additional time to file. For example, if the injury was not immediately apparent or if the injured person was a minor at the time of the accident, the workplace injury statute of limitations could be extended.
Find the work injury lawsuit statute of limitations in each state below.
| State | Work Injury Statute of Limitations | Governing Statute |
|---|---|---|
| Alabama | 2 years | Ala. Stat. § 6-2-38 |
| Alaska | 2 years | Alaska Stat. § 09.10.070(a) |
| Arizona | 2 years | A.R.S. § 12-542 |
| Arkansas | 3 years | A.C.A. § 16-56-105 |
| California | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 2 years | C.R.S. § 13-80-102 |
| Connecticut | 2 years | C.G.S.A. § 52-584 |
| Delaware | 2 years | 10 Del. C. § 8119 |
| Florida | 2 years | F.S.A. § 95.11(4)(a) |
| Georgia | 2 years | O.C.G.A. § 9-3-33 |
| Hawaii | 2 years | Haw. Stat. § 657-7 |
| Idaho | 2 years | Idaho Code § 5219(4) |
| Illinois | 2 years | 735 I.L.C.S. § 5/13202 |
| Indiana | 2 years | I.C. § 34-11-2-4 |
| Iowa | 2 years | I.C.A. § 614.1(2) |
| Kansas | 2 years | K.S.A. § 60-513 |
| Kentucky | 1 year | K.R.S. § 413.140(1)(a) |
| Louisiana | 2 years | L.S.A.-C.C. Art § 3493.1 |
| Maine | 6 years | 14 M.R.S.A. § 752 |
| Maryland | 3 years | Md. Cts. & Jud. Proc. Code § 5-101 |
| Massachusetts | 3 years | Mass. Ann. Laws Ch. 260 §§ 2A and 4 |
| Michigan | 3 years | M.C.L.A. § 600.5805(10) |
| Minnesota | 2 years | M.S.A. § 541.07 |
| Mississippi | 3 years | M.C.A. § 15-1-49 |
| Missouri | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Montana | 3 years | Mont. Stat. § 27-2204 |
| Nebraska | 4 years | Neb. Stat. § 25-207 |
| Nevada | 2 years | N.R.S. § 11.190 |
| New Hampshire | 3 years | N.H. Stat. Ann. § 508:4(I) |
| New Jersey | 2 years | N.J.S.A. § 2A:14-2 |
| New Mexico | 3 years | N.M.S.A. § 37-1-8 |
| New York | 3 years | N.Y. C.P.L.R. § 214 |
| North Carolina | 3 years | N.C.G.S.A. § 1-52(1)-(5) |
| North Dakota | 6 years | N.D.C.C. § 28-01-16(5) |
| Ohio | 2 years | O.R.C.A. § 2305.10(A) |
| Oklahoma | 2 years | Okla. Stat. Tit. 12, § 95 |
| Oregon | 2 years | O.R.S. § 12.110(1) |
| Pennsylvania | 2 years | 42 P.S. § 5524 |
| Rhode Island | 3 years | R.I.G.L. § 9-1-14 (b) |
| South Carolina | 3 years | S.C. Code § 15-3-530, 15-3-535, 15-3-545 |
| South Dakota | 3 years | S.D.C.L. § 15-2-14(3) |
| Tennessee | 1 year | T.C.A. § 28-3-104 |
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code Ann. § 16.003 |
| Utah | 4 years | U.C.A. § 78B-2-307(3) |
| Vermont | 3 years | Vt. Stat. Ann. Tit.12, § 512(4) |
| Virginia | 2 years | Va. St. § 8.01-243(A) |
| Washington | 3 years | R.C.W.A. § 4.16.080 |
| West Virginia | 2 years | W. Va. Code § 55-2-12 |
| Wisconsin | 3 years | Wis. Stat. § 893.54(1m) |
| Wyoming | 4 years | Wyo. Stat. § 1-3-105(a)(iv)(C) |
Note: The deadlines above reflect general personal injury statutes of limitations for work injury lawsuits in each state. Workers' compensation claim filing deadlines are separate and are often shorter.
Our team can help you understand what deadlines may apply to your specific situation and file in time. Our lawyers help injured workers in all 50 states.
Work Injury Lawsuit vs. Workers' Comp Statute of Limitations: Do Different Deadlines Apply?
Many injured workers don't realize that workers' compensation and a personal injury lawsuit are two separate legal paths, and each has its own statute of limitations.
Workers' compensation claims must typically be reported to your employer shortly after the injury and filed with your state's workers' comp board within 1 to 3 years.
Check the workers' comp statute of limitations for your state to understand whether you may have more or less time to act. In some states, you have as little as 3 days to report your injury or illness to an employer.
Personal injury lawsuits against third parties, such as a negligent contractor, equipment manufacturer, or property owner, generally follow the state's standard personal injury statute of limitations, which may be 1 to 6 years.
You may be eligible to file both a workers' comp claim and a work injury lawsuit if:
- A third party (someone other than your employer or a coworker) caused or contributed to your injury
- A defective piece of equipment or machinery caused your accident
- A negligent property owner's unsafe conditions led to your injury
- Your employer's intentional misconduct caused your harm
It's critical to understand both deadlines, because pursuing one type of claim does not automatically protect your right to file the other.
A Sokolove Law work injury attorney can review your situation, help determine which types of claims are available, and make sure you meet all deadlines.
What Is the Statute of Limitations on Workplace Injury?
The statute of limitations on workplace injury is a legal deadline set by state law that limits how long an injured worker has to file a lawsuit after a workplace accident. If you miss this deadline, a court may dismiss your case, even for a serious injury caused by someone else's negligence.
The statute of limitations for a work injury lawsuit often starts running from the date when:
- The accident or injury occurred
- You were diagnosed with a work-related illness or condition
- You knew or should have known that your condition was caused by your job
- You turn 18, if you were a minor when the injury occurred
Because different rules apply to different types of injuries, it's important to speak with an attorney as soon as possible. For occupational diseases, the statute of limitations may not begin until you receive a diagnosis or discover that your condition is related to your work environment.
"Whatever you do, don't wait. And even worse than that, don't do nothing. You should do something, and it's never too late to ask a lawyer if you have a claim. They can determine whether it's too late for you to file."
– Ricky LeBlanc, Managing Attorney of Sokolove Law
What Is the Discovery Rule for Work Injuries?
For some workplace injuries, harm doesn't become obvious right away. The discovery rule allows the statute of limitations to begin on the date you discovered, or reasonably should have discovered, your injury or illness, rather than on the date it first occurred.
This rule most often applies to occupational diseases and repetitive stress injuries, where the harm develops gradually over months or years on the job.
The discovery rule may apply in these situations:
- Hearing loss caused by prolonged exposure to loud machinery
- Respiratory disease from breathing in toxic dust, fumes, or chemicals
- Mesothelioma or lung disease caused by asbestos exposure
- Repetitive strain injuries like carpal tunnel syndrome or tendinitis
Even if you believe the discovery rule may apply to your case, it's critical not to delay. Courts apply the discovery rule narrowly, and there's no guarantee it will extend your deadline.
Call (800) 995-1212 now. Contacting an attorney right away is the safest course of action.
Factors Affecting the Statute of Limitations on Work Injury Claims
While state law sets the general deadline for filing a work injury claim, several factors can shorten or extend the time you have to take action.
Specifics that may affect the statute of limitations on work injury claims include:
- Government employer: If your employer is a state, city, or federal government agency, special rules apply. For example, personal injury claims against federal employees or agencies must be filed under the Federal Tort Claims Act within 2 years of the injury (28 U.S. Code § 2401).
- Occupational disease: If your injury is a disease caused by long-term workplace exposure, the clock may start when you receive a diagnosis or connect your condition to your job, not when the exposure began.
- Minor at the time of injury: In many states, the statute of limitations is paused, or "tolled," until the injured worker turns 18. This means a worker who was injured as a minor may have additional time to file even after they reach adulthood.
- Mental incapacity: If the injured worker was mentally incapacitated at the time of the injury, the work injury statute of limitations may be tolled until they regain capacity.
- Fraudulent concealment: If an employer or other responsible party actively hid information about the cause of your injury, a court may extend the filing deadline.
- Out-of-state employers: If your employer is based in a different state than where the injury occurred, there may be questions about which state's laws govern your claim.
These exceptions are not guaranteed to apply to every case. The only way to know for certain how much time you have is to speak with an experienced work injury attorney as soon as possible.
Since 1979, Sokolove Law has secured over $10.5 Billion total for thousands of clients nationwide.
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What Happens If You Miss the Work Injury Lawsuit Deadline?
If you miss the statute of limitations to file a lawsuit for work injury, the consequences can be severe and permanent.
Missing the work injury lawsuit deadline typically means:
- A court can dismiss your case, regardless of how strong your evidence is
- You could permanently lose your right to sue for work injury compensation
- You may also lose the right to recover damages beyond what workers' compensation already provides
There are very limited exceptions that courts will consider after a deadline has passed, such as fraudulent concealment by the defendant or mental incapacity. But these are difficult to prove, and there is no guarantee a court will grant an extension.
Why Do Statutes of Limitations Exist for Work Injury Claims?
Statutes of limitations exist for several practical reasons. Over time, physical evidence disappears, witnesses' memories fade, and documents may be destroyed or lost. These laws are designed to ensure that injured people bring legal claims while the evidence is still available and reliable.
From a practical standpoint, the longer you wait, the harder your case becomes to prove. Acting quickly gives your legal team the best possible chance to gather strong evidence, interview witnesses, and build the most compelling case on your behalf.
How Sokolove Law Can Help with Your Work Injury Claim
Workplace injury cases can be complex. Employers and their insurance companies employ experienced legal teams to limit what they pay or deny claims outright.
At Sokolove Law, our workplace injury lawyers can help:
- Review your case for free and explain your legal options
- Determine which claims are available to you: workers' comp, a personal injury lawsuit, or both
- Identify all potentially liable parties, including employers, contractors, and equipment manufacturers
- Collect evidence such as accident reports, medical records, and witness statements to build your case
- File your claim before any applicable statute of limitations expires
- Negotiate a work injury settlement with employers, insurers, and other defendants
- Take your case to trial if a fair settlement cannot be reached
Having a skilled work injury attorney on your side levels the playing field and gives you the best chance of recovering the full compensation you're owed.
Find a Work Injury Attorney Near You
Employers and insurance companies move quickly to protect their interests after a workplace accident. You should too. As a national personal injury law firm, Sokolove Law is proud to stand up for injured workers across the country.
Since 1979, Sokolove Law has helped thousands of clients hold the people and companies responsible for their injuries accountable, recovering over $10.5 Billion total for families nationwide.
If you've been hurt at work, you may be able to:
- Hold your employer, a contractor, or an equipment manufacturer accountable for unsafe conditions
- Recover compensation beyond what workers' compensation provides
- Secure financial support to cover medical bills, lost wages, rehabilitation, and pain and suffering
- File both a workers' comp claim and a personal injury lawsuit, depending on the circumstances
Our work injury attorneys don't charge any upfront costs or hourly fees. We only get paid if we recover compensation in your case.
See if you have a case for free: Call (800) 995-1212 right now or fill out our contact form to get started.
Work Injury Statute of Limitations FAQs
Is there a statute of limitations on workplace injuries?
The statute of limitations on workplace injury claims varies by state, ranging from 1 to 6 years. For workers' compensation claims, the reporting deadline to your employer can be as little as 3 days after the accident.
Because deadlines vary so much by state and by the type of claim, the best way to protect your rights is to contact Sokolove Law right away.
Does filing a workers' comp claim affect the work injury statute of limitations?
Not necessarily, but it depends on your state and the specific circumstances of your case. Workers' compensation and a personal injury lawsuit are separate legal options with their own deadlines.
In some states, filing a workers' comp claim may pause or affect the statute of limitations for a third-party lawsuit. In others, the two run independently. Our team can help you understand both deadlines and make sure neither one is missed.
What if my injury was caused by a defective piece of equipment?
If a defective machine, tool, or piece of equipment caused or contributed to your workplace injury, you may be able to file a product liability lawsuit against the manufacturer in addition to pursuing workers' compensation benefits. Product liability claims have their own statutes of limitations, which vary by state.
These cases can be complex, but our team is experienced in identifying all potentially liable parties and helping injured workers pursue every available avenue of compensation.
Does the work injury statute of limitations apply to occupational diseases?
For occupational diseases like hearing loss, asbestos-related diseases like mesothelioma, or respiratory illness caused by chemical exposure, the statute of limitations often does not begin until you receive a diagnosis or reasonably connect your condition to your job.
Even so, it's critical to act quickly. Courts apply the discovery rule narrowly, and the longer you wait after receiving a diagnosis, the harder it may be to meet the legal standard. Contact Sokolove Law for a case review as soon as you suspect your health condition may be related to your work.
How long do you have to report a work injury?
The deadlines for reporting your injury or illness to receive worker’s compensation depend on your state. You may have as little as 3 days to notify your employer and 60 days to file a formal claim with your state’s worker’s compensation board.
Keep in mind that your deadlines could be different if you work for a government agency. Check your state’s requirements right away and act quickly to get the compensation you deserve.
How long do you have to report a work injury if you work for the government?
If your employer is a state, local, or federal government agency, special rules may apply to your work injury claim. For example, you could be required to file a formal notice of claim within a specific time limit (30 days for federal employees).
Missing the notice requirement to report a work injury might permanently bar your claim, even if the standard statute of limitations hasn't expired. If you were injured while working for a government employer, contact an attorney immediately.
How much does it cost to hire a work injury attorney?
At Sokolove Law, our work injury attorneys don't charge any upfront costs or hourly fees. We only get paid if we recover compensation on your behalf. This means there is no financial risk in contacting us and no barrier to getting the legal help you need.
Call (800) 995-1212 right now to speak with our team for free. We're available 24/7.
