Ask AFSCME’s Attorney: Workers Compensation Time Limits

By Mark Hedberg, AFSCME's Attorney

Employees have 90 days to provide notice of the injury to the employer unless the employer has actual notice of the injury already, which is often the case.

Statute of Limitations – Employee must file for benefits within two years of the injury or within three years of the last payment of monetary workers’ compensation benefits.

Discovery Rule/Manifestation: If a worker is unaware of the nature and seriousness of the injury until later, the first time the worker appreciated the injury as severe or work-related can extend both the statute of limitations and notice periods. If you think your work injury may have a notice or statute of limitations issue, consult an attorney to see if these exceptions may apply in your case.