Your Workers’ Comp Claim Was Denied. How Long Do You Have?
In 36 of 51 US jurisdictions, nothing starts when the denial letter arrives. The clock has been running since your accident — and it keeps running while you argue with the insurer. Only 15 jurisdictions give you a separate deadline measured from the denial itself.
That difference is why some workers find out their claim expired while they were still waiting for the insurer to call back. Find your state below. Every row cites the statute it comes from.
Updated August 15, 2026 · 51 jurisdictions · statute citations on every row
15 Jurisdictions Where the Denial Starts a Clock
These are the urgent ones. Ohio is the shortest at 14 days from receipt of the bwc order, and it has no relief for a missed deadline. Note carefully whether the clock starts when the insurer mails the denial or when you receive it — several states use the mailing date, so the deadline is earlier than most people assume.
| Jurisdiction | Deadline from denial | Statute of limitations | What starts the clock | Source |
|---|---|---|---|---|
| Ohio | 14 days from receipt of the BWC order | 1 year from the injury to file the claim | 14 calendar days from RECEIPT (presumed 3 days after mailing); arrival counts, not the postmark. | Ohio Rev. Code § 4123.511(B)(1); OAC 4121-3-18(C)(1); § 4123.84(A) (1 year) |
| Heads upDo not confuse this with the 60 days to file suit in court (§ 4123.512). Mailing is not enough - the appeal must ARRIVE on time. | ||||
| Wyoming | 15 calendar days from mailing of the Final Determination | 1 year from injury/discovery (W.S. 27-14-503(a), verified) | 15 calendar days from the notice's mailing date; your objection counts as filed on the postmark date. | W.S. 27-14-601(k)(iv), (k)(vi); 16-4-301(a); 16-4-303; Painter, 931 P.2d 953 (Wyo. 1997) |
| Heads upIf day 15 falls on a weekend/holiday, the next business day counts (W.S. 16-4-303). Late = final; the Division may redecide within 1 year. | ||||
| District of Columbia | 34 BUSINESS DAYS from Memorandum of Informal Conference | 1 year from injury/death or from the last payment | From issuance of the Memorandum of Informal Conference — not from the denial; otherwise only the 1-year limit. | 7 DCMR § 219.22 (business days: § 299 via § 259.5); D.C. Code § 32-1514(a) |
| Heads up34 BUSINESS DAYS (Sat/Sun/holidays don't count) = about 48-50 calendar days; NEVER show as '34 days'. Also: 14 business days for a written objection to OWC. | ||||
| North Dakota | 45 days from issuance of the denial (Reconsideration) | 1 year from injury (N.D.C.C. 65-05-01); 2 years for death | From WSI's issuance of the notice of decision - not from when you receive it. Calendar days. | N.D.C.C. § 65-01-16(4), i.d.F. SB 2109 (Ch. 595, 2025) |
| Heads upIt must ARRIVE at WSI within 45 days - mailing it is not enough. After that the decision is final and every further appeal is lost. | ||||
| Oregon | 60 days from the denial's mailing date | n/a; NOT the 90-day injury report (ORS 656.265) | Calendar days from the denial's mailing date; filing counts from mailing; up to day 180 with good cause. | ORS 656.319(1)(a)+(b); OAR 438-005-0055 (Fassung ab 01.11.2024); OAR 438-005-0046(1) |
| Heads upRegular mail is risky: if it arrives after day 60, it is presumed late until you prove otherwise - use certified mail or email the Board. | ||||
| Washington | 60 calendar days from receipt of denial (RCW 51.52.060) | 1 year from injury (claim, RCW 51.28.050) | From receipt, calendar days; e-orders count as received on the send date; arrival counts, not mailing | RCW 51.52.060(1)(a); RCW 51.52.050(1)(c),(d); RCW 51.28.050 |
| Heads upRehab/vocational orders: only 15 days. The 65 days (electronic) printed on orders since 6/11/2026 are unsettled - RCW 51.52.060 still says 60. | ||||
| West Virginia | 60 days from receipt; up to 120 on request (good cause) | Claim: 6 months from injury (§23-4-15), no deadline in days | From RECEIPT of the decision, not its date. Calendar days; the protest must ARRIVE within 60 days. | W. Va. Code §23-5-1a(b)(1), §23-5-6a; W. Va. Code R. §102-1-6.2 (Fassung 1.7.2022) |
| Heads upSince 7/1/2022 the protest goes to the Board of Review; some handouts/carrier kits still name the dissolved Office of Judges. 30 days = next level, ICA. | ||||
| Nevada | 70 days from the denial's mailing date (calendar days) | not applicable - the clock runs from the denial | From the mailing date of the denial; calendar days; 30 days of insurer silence counts as a denial. | Nev. Rev. Stat. § 616C.315(3) (Fassung 2025, SB 376); NAC 616C.091(4)(g) |
| Heads upWhat counts is the insurer's mailing date, not your receipt - and the request must ARRIVE at the Hearings Division within 70 days. | ||||
| Arizona | 90 days from mailing of the Notice of Claim Status (Form 104) | 1 year from the injury or when the connection became apparent | From mailing of the Notice of Claim Status; calendar days, mailing day doesn't count; receipt by the ICA counts. | A.R.S. § 23-947(A),(B); § 23-1061(A),(F); A.A.C. R20-5-105 (Supp. 26-2) |
| Heads upA postmark is not enough: 'filed' = received by the ICA. Don't confuse this with the 30 days to request review of an ALJ award after the hearing. | ||||
| Vermont | 6 months from denial — only after voluntary payment | 6 months from discoverable injury (§ 656(a)/(b)) | From the denial date (mailing). Otherwise no clock from denial — then 3 years from the injury date. | 21 V.S.A. § 656(a)-(c), § 660(a); VT WC Rules 3.1520/3.1700 (Fassung 1.1.2025) |
| Heads upCORRECTION: no 6-vs-3-year dispute — § 660(a) was cut from 6 to 3 years in 2004. Hartman's 6 years are outdated; after 3 years you are barred. | ||||
| New Mexico | 1 year from the insurer's refusal to pay | No separate filing deadline - the same 1-year period | From nonpayment or denial (silence counts); tolled up to 1 year while you stay employed there. | NMSA 1978 § 52-1-31(A); NM WCA Worker Guidebook, Kap. 8 (S. 39) |
| Heads upDo not wait for a written denial: the WCA also counts the year from when you knew the injury was work-related. Separate: 15 days to report to your employer. | ||||
| New Hampshire | 18 months from receipt of the denial (Petition for Hearing) | 3 years from injury to file (discovery rule applies) | 18 months from the denial to request a hearing; after that, only 30 days to the Appeals Board. | N.H. RSA 281-A:42-d (18 mos.); :21-a (3 yrs.); :43 I(b) (30 days to Board) |
| Heads upCORRECTION: The 3-year statute of limitations does NOT cut off the 18 months (NH Supreme Court 2025). The law runs from receipt; DOL forms from the denial date. | ||||
| Alaska | 2 years from Controversion — must file hearing request (ARH) | 2 years from discovery, max. 4 years from accident | From filing of the Controversion with the Division (not from receipt); without one, from the last payment. | AS 23.30.110(c) u. (h); AS 23.30.105(a); 8 AAC 45.070/.182 |
| Heads upDon't confuse these: 15 days to report to your employer (since 01/01/2025, was 30); appeal of a Board decision only 30 days (AS 23.30.127(a)). | ||||
| Montana | 2 years from the insurer's denial of benefits | separate: 30-day report, 12-month claim (39-71-601/603) | From the day after the denial; mediation is required before suit and tolls the clock. Not the injury date. | Mont. Code Ann. § 3-9-111(2) (bis 30.06.2025: § 39-71-2905(2)) |
| Heads upIf the employer was uninsured (UEF), it's instead 90 days to mediation and 60 days from the mediator's report (§ 39-71-520), not 2 years. | ||||
| South Dakota | 2 years from the insurer's written denial | 3 years from the last payment (if never denied) | From written denial to you AND the Department; the petition must reach the agency. | SDCL 62-7-35 (2 yrs.); 62-7-35.1 (3 yrs.); 62-6-3 (20-day denial); ARSD 47:03:01:02 |
| Heads upOnly a letter with all required items (ARSD 47:03:01:02) counts as a petition; a late denial letter does not revive a time-barred claim. | ||||
36 Jurisdictions Where the Denial Changes Nothing
This is the larger group and the more dangerous one, because there is no letter and no form telling you a clock is running. The statute of limitations started at your accident, your diagnosis, or your last payment — and the insurer has no duty to remind you. In Louisiana, a claim from an older accident can already be time-barred on the day the denial arrives.
| Jurisdiction | Statute of limitations | What starts the clock | Source |
|---|---|---|---|
| Alabama | 2 years from the accident (verified complaint, Circuit Court) | From the date of the accident; if compensation was already paid, from the last such payment. | Ala. Code § 25-5-80 i.V.m. § 25-5-88 |
| Heads upThe 15-day deadline you will find quoted online belongs to unemployment compensation, not workers' comp. | |||
| Arkansas | 2 years from injury - file Form AR-C with the AWCC | From the injury date, calendar days; receipt by the AWCC counts. Gradual onset: from manifestation + lost wages. | Ark. Code Ann. 11-9-702(a)(1); dazu (b)(1) u. (a)(4); Rechtsmittel 11-9-711(a)(1) |
| Heads upIf anything was paid (even medical): 11-9-702(b)(1) - 1 yr from last payment or 2 yrs from injury, whichever is longer. Request a hearing within 6 mos. of AR-C. | |||
| California | 1 year (Application for Adjudication, WCAB) | From the accident, the end of wage-replacement payments, or the last medical treatment. | Cal. Lab. Code § 5405 |
| Colorado | 2 years from the accident (WC15), 3 with reasonable excuse | From the accident; the clock does not run while your employer has not reported it to the Division. | C.R.S. § 8-43-103(2); § 8-43-203(1)(a) |
| Connecticut | 1 year from the accident, 3 years for occupational disease | From the accident; for occupational disease, from the first symptom (then 3 years). | Conn. Gen. Stat. § 31-294c(a) |
| Delaware | 2 years from the accident (petition with the IAB) | From the accident or death; for occupational disease, 1 year from learning it is work-related. | 19 Del. C. § 2361(a) i.V.m. § 2345 |
| Florida | 2 years - Petition for Benefits with the OJCC | From when you knew the injury was work-related; each payment or treatment extends it by 1 year. | Fla. Stat. § 440.19(1), (2); § 440.192 |
| Georgia | 1 year from the accident (Form WC-14 with the SBWC) | From the accident; 1 year from the last paid treatment, or 2 years from the last wage payment. | O.C.G.A. § 34-9-82(a); SBWC Rule 82 |
| Hawaii | 2 years from manifestation AND max. 5 years from accident | From when the effects of the injury appear; plus an absolute limit of 5 years from the accident. | Haw. Rev. Stat. § 386-82 |
| Idaho | 1 year from when the claim was made | From when you made the claim to your employer or insurer, not from the accident or the denial. | Idaho Code § 72-706(1) |
| Illinois | 3 years from the accident / 2 years from the last payment | From the accident; if paid, from the last payment (including a paid medical bill) — whichever is later. | 820 ILCS 305/6(d) (Illinois Workers' Compensation Act) |
| Indiana | 2 years from the accident or from the last TTD/TPD payment | From the accident; after TTD/TPD benefits, from the last payment date. A denial starts nothing. | Ind. Code § 22-3-3-3(a), (b) |
| Heads upPaid medical bills do NOT extend the deadline — only TTD/TPD payments restart the clock. | |||
| Iowa | 2 years from the injury, 3 years from the last weekly payment | From the day you knew or should have known the injury was work-related; otherwise from the last weekly payment. | Iowa Code § 85.26(1), (3) |
| Kansas | 3 years from the accident / 2 years from the last payment | From the accident, or from the last payment if paid — whichever ends later. At least 3 years from the accident. | K.S.A. 44-534(b); Verfahren: K.S.A. 44-534(a) |
| Kentucky | 2 years from the accident or from when payments stopped | From the accident; if income benefits were paid, from when they stopped — whichever is later. | KRS 342.185(1); KRS 342.316 (Berufskrankheiten) |
| Louisiana | 1 year from injury or from last payment (SEB: 3 years) | From the injury; after payments, from the last one. The denial letter starts NO new deadline. | La. R.S. 23:1209(A)(1)-(3),(B),(C); 23:1201.1(G)(2); 23:1203.1(J)(1),(K) |
| Heads upLaw firm blogs write '1 year from the denial' - wrong. Denied TREATMENT: only 15 calendar days to the Medical Director (Form 1009). | |||
| Maine | 2 years from the injury or the employer's first report | From the injury or the First Report of Injury — whichever is LATER. After payments: 6 years from the last. | 39-A M.R.S. § 306(1), (2) |
| Maryland | 2 years from injury (absolute bar, § 9-709(b)(3)) | 2 years from the injury date (occupational disease: from disablement or knowledge), calendar days. Not the denial. | Md. Code, Lab. & Empl. § 9-709(a),(b)(3); § 9-711(a)(1); COMAR 14.09.03.02; § 9-737 |
| Heads upThe widely repeated "30 days after the denial" (e.g. koonz.com) is wrong: the 30 days in § 9-737 apply to Judicial Review of a WCC order. | |||
| Massachusetts | 4 years from learning the injury was work-related | From the day you became aware that your disability was work-related. Death claims: 4 years. | M.G.L. c. 152, § 41; § 10(1) (Einreichung des Claim) |
| Michigan | 2 years from the latest of three trigger dates | 2 yrs from the LATEST of: the accident, when the disability appeared, or your last day working there. | MCL 418.381(1)-(3) |
| Heads upBenefits are payable at most 2 years back from the date you file the WC-104A — every month you wait costs you real money. | |||
| Minnesota | 3 yrs from the written injury report, max. 6 yrs from injury | From the written report to the DLI Commissioner; with no report, only the 6-year limit applies. | Minn. Stat. § 176.151(a); § 176.106 subd. 7, 8 |
| Heads upThe widely quoted 30 days applies only to a decision after an Administrative Conference — not to the insurer's NOPLD. | |||
| Mississippi | 2 years from injury (1 year from Form B-31 after payment) | From the injury or death; latent conditions when they become apparent. After payment: 1 year from Form B-31. | Miss. Code Ann. § 71-3-35(1); § 71-3-53 (Form B-31) |
| Heads upThe insurer's Form B-52 is not an 'application for benefits' — the 2-year clock keeps running even while the case sits with the Commission. | |||
| Missouri | 2 yrs from accident/death or last payment; 3 yrs if no report | From the accident/death or the last payment (medical care counts). 3 years if the employer never reported. | Mo. Rev. Stat. § 287.430; § 287.380 (accident report) |
| Nebraska | 2 years from the accident, or from the last payment | From the accident date; if benefits were paid, from the last payment. A denial starts no clock. | Neb. Rev. Stat. § 48-137 (Petition: § 48-173) |
| Heads upOnly a settlement or a petition filed with the WC Court preserves the deadline - voluntary mediation does not pause it. | |||
| New Jersey | 2 years from the accident or the last payment | From the accident date or the last compensation payment - whichever comes later. | N.J.S.A. 34:15-51 |
| Heads upFiling for an informal hearing does NOT stop the 2-year clock - only the formal Claim Petition preserves it. | |||
| New York | 2 years from the accident (death: from date of death) | From the accident date; after a denial the Board schedules the hearing on its own. | N.Y. Workers' Comp. Law § 28 (Rechtsmittel: WCL § 23) |
| North Carolina | 2 years from the accident (Form 18 with the NCIC) | From the accident date; if only medical bills were paid, from the last such payment. Not from the denial. | N.C. Gen. Stat. § 97-24(a); 11 NCAC 23A .0602 (Form 33) |
| Heads upThe hearing request (Form 33) has no deadline of its own - but the 2-year bar from the accident date still applies. | |||
| Oklahoma | 1 year from the accident, or 6 months from last benefit | From the accident date; if benefits were paid, instead 6 months from the last benefit received. | 85A O.S. § 69(A)(1) |
| Pennsylvania | 3 years from the accident (Claim Petition LIBC-362) | From the accident date; if indemnity benefits were paid, 3 years from the last payment. | 77 P.S. § 602 (Section 315, PA Workers' Compensation Act) |
| Heads upThere is a hard deadline before that: report the injury to your employer within 120 days or you get no benefits at all. | |||
| Rhode Island | 2 years from onset or manifestation of the injury | From the onset or manifestation of the injury or disability — not from the denial. | R.I. Gen. Laws § 28-35-57(a); § 28-35-12(a) (21-day waiting period) |
| Heads upYou cannot file a petition until day 21 after the accident, and the insurer need not tell you it is disputing — the 2 years run silently. | |||
| South Carolina | 2 years from the accident (Form 50 with the Commission) | Date of accident; death: 2 years from death; occupational disease from definite diagnosis. A denial starts nothing. | S.C. Code Ann. § 42-15-40; S.C. Code Regs. R.67-207 (Form 50) |
| Tennessee | 1 year from the accident or last benefit (latest date) | The latest of three dates: the accident, the last wage benefit, the last medical benefit. | Tenn. Code Ann. § 50-6-203(b); Regel 0800-02-21-.10(1) (PBD) |
| Texas | 1 year from injury: DWC Form-041 with the Division | From the injury date (occupational disease: from knowledge); a denial starts no separate deadline. Calendar days. | Tex. Lab. Code 409.003; 410.023; 28 TAC 141.1 (no deadline); 410.202 (15 days after CCH) |
| Heads upNo deadline to appeal doesn't mean unlimited: the 1-year deadline from injury keeps running, and MMI/impairment ratings are disputable only within 90 days. | |||
| Utah | 6 years from the accident (Application for Hearing) | Date of accident; plus a 12-year outer limit on proof. Death: 1 year from the date of death. | Utah Code § 34A-2-417(2)(a); (1)(a) (Kosten); (3) (Tod) |
| Heads upDespite the 6 years, medical bills must be filed within 1 year (§ 34A-2-417(1)(a)) — wait, and you lose reimbursement for them. | |||
| Virginia | 2 years from the accident (Claim Form with the Commission) | Date of accident; death: 2 years from the date of death; occupational disease from notice it is work-related. | Va. Code § 65.2-601; § 65.2-406 (Berufskrankheit); § 65.2-705 |
| Heads upReporting to your employer does NOT replace the Claim Form with the Commission — fight only with the insurer and after 2 years you lose everything. | |||
| Wisconsin | 6 yrs traumatic / 12 yrs occupational, from injury or payment | The later of the injury date and the last compensation payment; a settlement order restarts it. | Wis. Stat. § 102.17(4)(a)-(c); § 102.18(3) (21 days LIRC) |
| Heads upPaid medical and burial expenses do NOT extend the deadline (unlike Illinois); continued wage payments can extend it. | |||
Three Deadlines People Mix Up
Reporting the injury to your employer
Short — often 15 to 90 days. This is about telling your employer you were hurt. It is not the deadline on this page, and meeting it does not protect your claim by itself. Virginia is explicit about this: notifying your employer does not replace filing a claim with the Commission.
Challenging the insurer’s denial
What this page covers. In 15 jurisdictions it is a separate clock started by the denial. Everywhere else, the statute of limitations is the only deadline that exists.
Appealing a decision that has already been issued
A different rule again, usually much shorter, and it applies after a judge or commission has ruled. Several of the wrong numbers circulating online — the “30 days” often quoted for Maryland, for example — come from this category and do not apply to an insurer’s denial.
Where These Numbers Come From
Every row was researched against official sources — state workers’ compensation boards and industrial commissions, the statutes themselves, and official claim forms — then checked a second time by an independent pass looking specifically for the reporting-versus-appeal confusion. Short deadlines went through a further jurisdiction-by-jurisdiction verification. Law firm articles were used only as leads, never as the source of a number.
Where a widely circulated figure turned out to be wrong for this purpose, we say so in the row rather than quietly omitting it. Deadlines change quietly: West Virginia moved these appeals from the Office of Judges to the Board of Review in 2022, so older guides still describe an agency that no longer exists. Check the linked source before relying on any row, and treat this page as a starting point rather than legal advice.
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