When should you report a work injury? How long do you have to report a work injury in every state? What if you have an injury that’s not obvious at first? How to report an injury at work Where to get help with your workers’ comp claim Frequently asked questions about workers’ comp Find a local workers' comp lawyer Resources > Workers compensation Workers compensation How Long Do You Have to Report a Work Injury in Every State? Written by Victoria Muñoz Lead Attorney Published May 26, 2023 Updated April 19, 2024 3 min read Why trust us? Compass Disability offers free, high-quality workers' compensation advice to those injured at work. Our team of Stanford and Harvard trained lawyers has a combined 15+ years of legal experience, and help thousands of Americans get the benefits they deserve each year.
Why trust us? State workers’ comp laws require you to follow a certain timeline to report your injury in order to qualify for benefits. Each state sets a limit on how quickly you should report and it could range anywhere from a few days to a few months. Your best bet is to tell your employer immediately, but we’ll go over each state’s time limits and how to submit your injury notice.
When should you report a work injury?
Report a work injury immediately when it happens. If you can’t report right away, like if you need emergency care, ask someone else to report it for you and then report it yourself as soon as possible.
Besides meeting your state’s time limit for reporting your injury, reporting early has two more benefits:
- You’ll have the details of your accident fresh in your mind. This makes for easier reporting. A detailed report will help you later in the workers’ comp process if your employer or insurance disputes your claim.
- The workers’ comp payment process could go faster. Before you can get benefits, you need to wait for your employer to report your injury to their insurer or the state. Then that party needs to process your claim. Getting your report in ASAP will help you get your first payments as soon as possible after the initial waiting period you need to go through .
How long do you have to report a work injury in every state?
The time you have to report your work injury varies based on your state.
Most states say to notify your employer of your injury “as soon as practicable.” That generally means as soon as possible, but it gives you time if you can’t report it to your employer immediately — like if you needed emergency care or didn’t confirm the injury is work-related until later.
The table below shows how long you have across the United States to let your employer know that you have a workplace injury or illness that could require workers’ comp.
Time limit to notify employer
Do you need to give written notice?
Alabama
5 days
Alaska
30 days
Arizona
As soon as possible
Arkansas
As soon as possible
Yes, on Form N
California
30 days
Colorado
10 days
Connecticut
As soon as possible
Delaware
90 days
District of Columbia (Washington, D.C.)
30 days
Florida
30 days
Georgia
30 days
Hawaii
As soon as possible
60 days
Illinois
45 days (90 days for exposure to radiological materials or equipment)
Indiana
30 days
90 days
Kansas
20 days
Kentucky
As soon as possible
Louisiana
30 days
60 days
Maryland
10 days
Massachusetts
As soon as possible
Michigan
90 days
Minnesota
14 days
Mississippi
30 days
Missouri
30 days
Montana
30 days
Nebraska
As soon as possible
Nevada
7 days
Yes, on Form C-1
New Hampshire
2 years
New Jersey
14 days
New Mexico
15 days
New York
30 days
North Carolina
30 days
North Dakota
7 days
As soon as possible
Oklahoma
30 days
Oregon
90 days
Pennsylvania
21 days
Rhode Island
30 days
South Carolina
90 days
South Dakota
3 days
Tennessee
15 days
30 days
180 days
Vermont
As soon as possible
Virginia
30 days
Washington
As soon as possible
West Virginia
As soon as possible
Wisconsin
30 days
Wyoming
3 days
What if you have an injury that’s not obvious at first?
If you have a condition that you can’t immediately identify, like an exposure-related illness or a repetitive motion injury, report it as soon as you’re aware that you have the condition and that it’s related to your work .
Having medical documentation — like a doctor’s diagnosis — will also help you prove to insurance that you have the condition and that it’s work-related.
State laws vary on when the time limit for reporting starts. For example, in Montana, the typical 30-day time limit doesn’t apply to occupational diseases. Looking at Oregon law, you can report later than the 90-day time limit if you can show you have a good reason, but you have to prove it in a hearing.
If you’re not sure exactly when your condition first began, make your best guess at the date and ask coworkers you trust for written testimony about your condition. If your employer, their insurer, or the state tries to debate when your illness started, a lawyer can help you give proof.
Read more about which injuries can qualify for benefits .
How to report an injury at work
Report your injury in writing to the highest-level person at your job who you can get in touch with. This chain could go up to as low as your direct supervisor or as high as your company’s owner.
Only some states, like New York , require a written report. But reporting your injury in writing will help you wherever you live. You’ll have documented evidence of your report with the exact information you provided. This will also help if months pass and you can’t remember all the small details of your accident, like the time it happened.
Put this information in your report:
- Your name, address, and additional contact information like your phone number
- When your injury happened, including the date and time
- Where your injury happened — include the address if you have it
- The basic details of how your injury happened
- What your injury was and the signs or symptoms you experienced
Learn more about how long you have to file a workers' comp claim in each state .
States that require a written report for workers’ comp
It’s not always easy to give your employer a written report right away. In this case, you can let them know verbally as soon as possible and follow up with a written notice soon after. These states only recognize written reports:
- Alabama
- Alaska
- Arkansas (on Form AR-N )
- California
- Colorado
- District of Columbia (Washington, D.C.)
- Hawaii
- Indiana
- Maine
- Minnesota
- Missouri
- Nebraska
- Nevada (on Form C-1 )
- New Mexico
- New York
- North Carolina
- Oregon
- Rhode Island
- South Dakota
- Tennessee
- Virginia
- West Virginia
Where to get help with your workers’ comp claim
If you’re having a difficult time filing your claim or if you run into issues, a workers’ comp lawyer is your best option for help.
When your employer, their insurer, or your state’s workers’ comp agency fights or denies your claim, they likely have legal teams on their side that know the laws around benefits better than you do. A workers’ comp lawyer evens out the situation.
At Compass Disability, we connect workers with lawyers who can help them get the benefits they need so they can move forward with life. Take our two-minute quiz to see if you could qualify for legal help, and we’ll get you in touch to learn more and connect you with a lawyer. (Getting matched with a lawyer is free, you don’t have to use our lawyer if you don’t want to, and you never pay unless you win benefits or get a settlement.)
Frequently asked questions about workers’ comp
How does workers’ comp work?
The workers’ comp process starts when you report your work injury or illness to your employer. Then you have to file a claim within a certain amount of time so you can qualify for weekly payments and reimbursement of your medical bills while you recover.
Can I get workers’ comp if the injury was my fault?
Yes. You can qualify for workers’ comp no matter whose fault the injury or illness was, as long as it happened while you were doing your job. Our guide to qualifying accidents and injuries will help you see if you could get coverage.
Do all workers qualify for workers’ comp?
You're probably eligible for workers’ comp if your employer withholds taxes from your paychecks. Independent contractors don’t usually qualify, but states may offer coverage to certain contractors, volunteers, or seasonal workers. Check with your state workers’ comp board to see exactly who qualifies in your area.
How much does workers’ comp pay?
Workers’ compensation is generally worth up to two-thirds of your pre-injury wages, but exact rates vary by state. Read more about how much workers’ comp pays in each state .
Do I need a workers’ comp lawyer?
Not everyone needs to work with a lawyer, but a workers’ comp lawyer can especially help if your claim is denied, if you get a settlement offer, or even if your claim just lasts for more than a few months. Here are some situations when a lawyer can help you .
How long do workers’ comp benefits last?
How long your benefits last varies by state, but you usually have until you reach maximum medical improvement (MMI). There are also long-term options if you can’t return to work after injury .
Is workers’ comp taxable?
No, workers’ comp benefits aren’t taxable . That's true whether you get weekly payments, a lump-sum settlement , or a settlement with a structured payment plan.
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