Last Updated on June 28, 2023
Each state has its own Workers’ Comp Laws, which can make it difficult to understand your rights and options. If you have been injured on the job, you may be entitled to workers’ compensation benefits, but you need to know how to file a claim and negotiate the complexities of the law. Call now for a free consultation with an experienced workers’ compensation lawyer at 844–682-0999.
- Workers’ compensation laws vary by state.
- You may be entitled to workers’ compensation benefits if you have been injured on the job.
- An experienced Workers’ Comp Lawyer can help you understand your rights and options and file a claim for benefits.
Workers Comp Laws in 50 States: What You Need to Know for Successful Resolution
Each state sets it’s own workers’ compensation requirements
Workers’ Compensation Laws Vary by State
Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill on the job. Benefits can include medical expenses, lost wages, and death benefits.
- Eligibility criteria: The requirements for being eligible for workers’ compensation benefits, such as the type of employment, number of employees, and coverage thresholds, can vary.
- Benefit calculation: Each state has its own formula or method for calculating the amount of benefits a worker is entitled to, such as the percentage of average weekly wage or a fixed schedule of benefits.
- Statutory limits: States may impose caps or limits on certain benefits, such as maximum weekly benefit amounts, maximum duration of benefits, or maximum total payout.
- Waiting period: The length of time an injured worker must be unable to work before becoming eligible for wage replacement benefits may vary.
- Medical treatment: The specific medical treatments and services covered under workers’ compensation can differ between states. This includes the type and duration of medical care, prescription medications, rehabilitation services, and assistive devices.
- Vocational rehabilitation: The availability and scope of vocational rehabilitation services, such as job retraining, vocational counseling, and job placement assistance, can vary.
- Dispute resolution process: The procedures for resolving disputes related to workers’ compensation claims, including the process for appealing a denial or disputing a decision, can differ from state to state.
- Statute of limitations: The time limits within which a worker must report an injury, file a claim, or pursue legal action can vary between states.
- Coverage exclusions: Some states may have specific exclusions or limitations on coverage, such as injuries caused by employee misconduct, self-inflicted injuries, or certain occupational diseases.
- Death benefits: The types and amounts of benefits available to dependents or beneficiaries in the event of a worker’s death can vary, including funeral expenses, ongoing financial support, and educational benefits for children.
- Average weekly wage calculation: The method used to calculate the average weekly wage, which forms the basis for determining the amount of wage replacement benefits, can vary between states. Some states use the actual wages earned prior to the injury, while others may use an average of wages over a specific period.
- Cost-of-living adjustments: Some states may provide cost-of-living adjustments to workers’ compensation benefits to account for inflation and changes in the cost of living over time. The frequency and calculation method for these adjustments can vary.
- Rehabilitation benefits: The availability and scope of rehabilitation benefits, including job retraining, vocational counseling, and related support services, may differ between states. Some states may provide comprehensive rehabilitation programs, while others may have more limited offerings.
- Second opinion and independent medical examinations: The rules and procedures for obtaining second opinions or independent medical examinations to assess an injured worker’s condition or treatment plan can vary. Some states may have specific guidelines or regulations governing these processes.
- Attorney’s fees: The rules and regulations regarding attorney’s fees in workers’ compensation cases can vary. Some states may have limitations on the percentage of benefits that an attorney can collect as fees, while others may allow more flexibility.
- Lump-sum settlements: The rules and approval processes for lump-sum settlements, which allow injured workers to receive a one-time payment instead of ongoing benefits, can differ between states. Some states may require court or administrative approval for such settlements, while others may not.
- Occupational diseases: The specific criteria and coverage for occupational diseases, including the types of diseases covered, the qualifying conditions, and the time limits for filing claims, can vary between states.
- Retraining and education benefits: Some states may offer retraining and education benefits to injured workers who need to acquire new skills or pursue alternative careers due to their work-related injuries. The availability, eligibility criteria, and scope of these benefits can differ.
- Third-party liability: In cases where a third party, such as a contractor or equipment manufacturer, is responsible for the worker’s injury, the rules and regulations regarding pursuing a separate personal injury lawsuit or claiming additional compensation from the third party can vary between states.
- Penalty provisions: Some states may have penalty provisions in their workers’ compensation laws to address situations where employers or insurance carriers act in bad faith or fail to meet their obligations. The specific penalties and enforcement mechanisms can differ.
If you have been injured on the job, it is important to understand your rights and options under workers’ compensation law. An experienced workers’ compensation lawyer can help you understand your rights and options and file a claim for benefits.
Here are some of the key things to keep in mind if you have been injured on the job:
- Report your injury to your employer as soon as possible.
- Get medical attention for your injury.
- Keep a record of your medical expenses.
- Keep a record of your lost wages.
Federal Workers Compensation System
Federal Workers do not follow state laws but Federal Workers Comp laws. The Government Employees Compensation Act (GECA) provides compensation for the loss of earnings, medical care and other related benefits to federal employees for work related injury.
Felony for Lack of Workers Comp Insurance !
- Every state requires employers to carry workers’ compensation insurance.
- In NY, it is a felony not to have the mandated workers’ comp insurance.
- In all cases, the number of employees determines when a business needs workers’ compensation insurance.
Workers Comp Marketplace
- Employers must buy workers’ comp insurance from the private market, except for four states.
- The four monopolistic states are North Dakota, Ohio, Washington and Wyoming. Additionally, Puerto Rico and the U.S. Virgin Islands also bar private insurance. In these states, employers must buy workers’ comp insurance from an insurance fund operated by the state.
Workers’ Comp Statute, Boards, Address and Statute of Limitations by Jurisdiction
State | Workers’ Compensation Statute | State Workers’ Comp Department | Address | Statute of Limitations | |
---|---|---|---|---|---|
Alabama | Alabama Code §25–5‑1 et seq. | Alabama Department of Labor | Department of Labor Workers’ Compensation Division 649 Monroe Street Montgomery, AL 36131 (334) 956‑4044 or (800) 528‑5166 | 2 years from the date of injury or 2 years from the date of last compensation payment | Not required for businesses with less than five employees. Does not cover casual employees, domestic servants, farm laborers, licensed real estate agents or product demonstrators |
Alaska | AS §23.30.005, et. seq | Department of Labor & Workforce Development | Department of Labor & Workforce Development Division of Workers’ Compensation 1111 West 8th Street, Room 307 P. O. Box 115512 Juneau, AK 99811–5512 (907) 465‑2790 or (877) 783‑4980 | Notice of an injury or death shall be given 30 days to the board and to the employer | Doesn’t cover contract entertainers, commercial fishermen, domestic servants, harvest/transient workers or taxi cab drivers |
Arizona | Arizona Revised Statutes Annotated §§23–901, et seq. | Industrial Commission of Arizona | ARIZONA Industrial Commission of Arizona Claims Division 800 West Washington Street Phoenix, AZ 85007 (602) 542‑4661 *mailing address P.O. Box 19070 Phoenix, AZ 85005 | 1 year of the date of injury | Doesn’t cover casual employees or independent contractors |
Arkansas | Arkansas Code Annotated § 11–9‑101 et seq. | Arkansas Workers’ Compensation Commission | Arkansas Workers’ Compensation Commission 324 Spring Street P. O. Box 950 Little Rock, AR 72203–0950 (501) 682‑3930 or (800) 622‑4472 | 2 years of the injury or 1 year from the date of last compensation payment | Doesn’t cover casual employees, farm laborers, inmates, or state employees |
California | California Labor Code Division 3, section 2700 through Division 4.7, section 6208 | Department of Industrial Relations | Department of Industrial Relations Division of Workers’ Compensation 455 Golden Gate Avenue, 2nd Floor San Francisco, CA 94102–7014 (415) 703‑5020 or (800) 736‑7401 | 1 year from the date of injury | Doesn’t cover amateur sporting event officials; deputy clerks; deputy sheriffs; domestic workers employed by parents, spouse or child; volunteers for non-profit recreational camps or ski patrols Not providing workers’ compensation payments can result in a year in jail and failure to insure can cost a business $100,000 in fines |
Colorado | Colorado Revised Statutes §8–40-101, et seq. | Department of Labor and Employment | Department of Labor and Employment Division of Workers’ Compensation 633 17th Street, Suite 400 Denver, CO 80202–3660 (303) 318‑8700 or (888) 390‑7936 | 2 years from the date of injury | Doesn’t cover drivers under lease agreements with common or contract carriers, inmates or volunteers |
Connecticut | Connecticut General Statutes Sections 31–275 through 31–355a, et seq. | Workers’ Compensation Commission | Workers’ Compensation Commission Capitol Place 21 Oak Street Hartford, CT 06106 (860) 493‑1500 or (800) 223‑9675 (Toll-Free in Connecticut) | 1 year from the date of injury; 3 years from the first manifestation of symptoms for occupational disease claims | Doesn’t cover casual employees, independent contractors or sole proprietors |
Delaware | Delaware Code Annotated Title 19, §§2301–2397 | Department of Labor | Department of Labor Division of Industrial Affairs Office of Workers’ Compensation 4425 North Market Street Wilmington, DE 19802 (302) 761‑8200 | 1 year from the date of injury | Doesn’t include a spouse or minor child of a farm employer not named on insurance, anyone who sells products not in a space controlled by the employer, or casual employees |
District of Columbia | District of Columbia Code Annotated §32–1501, et seq. | Department of Employment Services | Department of Employment Services Labor Standards Bureau Office of Workers’ Compensation 4058 Minnesota Avenue, N.E. Washington, DC 20019 (202) 671‑1000 | 2 years from the date of injury; 5 years from date of last benefit payment once claim is acknowledged | An employee whose employer is an uninsured subcontractor can assert a claim against the supervising general contractor |
Florida | Chapter 440, Florida Statutes, et seq. | Department of Financial Services | Department of Financial Services Division of Workers’ Compensation 200 East Gaines Street Tallahassee, FL 32399–0318 (800) 342‑1741 | 2 years from the date of injury or 1 year after last date of received benefits | Doesn’t apply to: Bands, orchestras, musical or theater performers and DJs, Casual employees, Independent contractors (excluding construction industry)Licensed real estate brokers. Some sports officials. Some taxi cab or other vehicle for hire operators |
Georgia | Official Code of Georgia Annotated §§34–9‑1, et seq. | Georgia State Board of Workers’ Compensation | Georgia State Board of Workers’ Compensation 270 Peachtree Street, NW Atlanta, GA 30303–1299 (404) 656‑3818 or (800) 533‑0682 | 1 year of the date of injury | Excludes rail common carriers engaged in interstate/intrastate commerce, domestic servants, farm laborers, independent contractors and licensed real estate salespeople or associate brokers |
Hawaii | Hawaii Revised Statutes, Chapter 386 | Department of Labor and Industrial Relations | Department of Labor and Industrial Relations Disability Compensation Division Princess Keelikolani Building 830 Punchbowl Street, Room 209 Honolulu, HI 96813 (808) 586‑9161 *mailing address P. O. Box 3769 Honolulu, HI 96812–3769 | 2 years after the date at which the effects of the injury have become manifest, and 5 years after the date of the accident which caused the injury | Some contractors are exempt |
Idaho | Idaho Code §72–101, et. seq. | Industrial Commission | Industrial Commission 11321 W. Chinden Boulevard, Building # 2 Boise, ID 83714 *mailing address P. O. Box 83720 Boise, ID 83720–0041 (208) 334‑6000 or (800) 950‑2110 (toll free outside Boise) | No time limit for the initial claim; 1 year from date of last payment if benefits have been paid for more than 4 years | Doesn’t apply to casual workers, domestic servants, officials of secondary school athletics, pilots of spraying or dusting planes, real estate brokers and salespeople, volunteer ski patrol |
Illinois | 820 Illinois Compiled Statutes Annotated 305/1, et seq. | Illinois Workers’ Compensation Commission | ILLINOIS Illinois Workers’ Compensation Commission Cook County Office Building 69 W. Washington Street, Suite 900 Chicago, IL 60602 (312) 814‑6611 or (866) 352‑3033 | 2 years from the last payment of compensation from your job, or 3 years from the date of your injury (whichever is longer) | Doesn’t apply to farmers, jurors, or real estate brokers and salespeople. Business owners who fail to make payments face fines of $500 per day with a $10,000 minimum fine |
Indiana | Ind. Code §22–3‑1–1 et seq. | Workers’ Compensation Board of Indiana | Workers’ Compensation Board of Indiana 402 West Washington Street Room W‑196 Indianapolis, IN 46204 (317) 232‑3811 or (800) 824‑2667 | 2 years from the date of injury; 2 years after last date of compensation made | Doesn’t apply to agricultural workers, casual laborers, employees of fire or police departments that have pension funds, household employees and some railroad and rail yard employees |
Iowa | Iowa Code §85.1 et seq. | Iowa Workforce Development | Iowa Workforce Development Division of Workers’ Compensation 150 Des Moines Street Des Moines, IA 50309 (515) 725‑4120 or (800) 645‑4583 | 2 years from the date of injury; 3 years after last date of compensation made | Doesn’t apply to agricultural employees earning less than $2,500 in the year prior to the injury, casual or household employees who earned less than $1,500 in the year prior to injury or some officers of corporations or farms |
Kansas | Kansas Statutes Annotated §44–501 et seq. | Department of Labor | Iowa Workforce Development Division of Workers’ Compensation 150 Des Moines Street Des Moines, IA 50309 (515) 725‑4120 or (800) 645‑4583 | 200 days from the date of the accident or 200 days after last payment of benefits | No exceptions. Applies to anyone who has entered into service or apprenticeship |
Kentucky | Kentucky Revised Statutes § 342.0011 et seq.;803 Kentucky Administrative Regulations. 25:009 et seq. | Kentucky Labor Cabinet | Kentucky Labor Cabinet Department of Workers’ Claims 500 Mero Street, 3rd Floor Frankfort, KY 40601 (502) 564‑5550 | 2 years of the date of injury or last voluntary payment of disability income benefits, whichever is later | Doesn’t apply to domestic servants (if there are less than two employed in the home for 40 or less hours per week) or maintenance or similar type workers employed in a private home if the employer has no other employees subject to workers’ comp |
Louisiana | Louisiana Revised Statutes Annotated §23:1021 et seq. Louisiana Revised Statutes Annotated §33:2581 | Louisiana Workforce Commission | Louisiana Workforce Commission Office of Workers’ Compensation 1001 North 23rd Street P.O. Box 94040 Baton Rouge, LA 70804–9040 (225) 342‑3111 | 1 year from the date of injury; 1 year from the date a disability develops, but no later than 2 years from the date of an accident | Doesn’t apply to employees of private homes, employees of unincorporated farms or musicians or other performers under contract |
Maine | Maine Revised Statutes Annotated, title 39‑A, or 39‑A M.R.S.A. §101 et seq. | Workers’ Compensation Board | Workers’ Compensation Board 442 Civil Center Drive, Suite 100 Augusta, ME 04330–8572 *mailing address: 27 State House Station Augusta, ME 04333–0027 (207) 287‑3751 or (888) 801‑9087 | 2 years from the date an employer is required to file a First Report (1 or more days of lost time) or the date of injury if no First Report is required | Doesn’t apply to certain agricultural employees, independent contractors or people covered by admiralty law |
Maryland | Maryland Code Ann., Lab & Empl. §9–101 (2014) et seq.; Code of Maryland Regulations (COMAR) Title 14, §09.01.01 et seq. | Workers’ Compensation Commission | Workers’ Compensation Commission 10 East Baltimore Street, 4th Floor Baltimore, MD 21202 (410) 864‑5100 or (800) 492‑0479 | 2 years from the date of injury; 18 months from the date of death (for death benefits); 1 year after employee has reason to believe he or she has an occupational disease | Applies to any regular payroll employee but not to independent contractors |
Massachusetts | Massachusetts General Laws, Chapter 152 | Executive Office of Labor and Workforce Development | Department of Industrial Accidents Department 110 Lafayette City Center 2 Avenue de Lafeyette Boston, MA 02114 (617) 727‑4900 or (800) 323‑3249 | 4 years of the date an employee becomes aware of the causal connection between their disability and their employment | Doesn’t apply to casual employees, people employed in professional athletics, real estate brokers and others who work on commission only or those employed in interstate or foreign commerce |
Michigan | Michigan Compiled Laws Annotated 418.101–941 | Department of Licensing and Regulatory Affairs | Department of Licensing and Regulatory Affairs Workers’ Compensation Agency 2501 Woodlake Circle Okemos, MI 48864 *mailing address: P. O. Box 30016 Lansing, MI 48909 (888) 396‑5041 | 2 years of the date of injury | Exclusions apply for domestic workers, real estate brokers or agents, some agricultural employees and some smaller employers |
Minnesota | Minnesota Statutes Annotated Ch. 175A and 176, et seq. | Department of Labor and Industry | Department of Labor and Industry Workers’ Compensation Division 443 Lafayette Road North St. Paul, MN 55155 (651) 284‑5005 or (800) 342‑5354 | 3 years of the date of injury if employer filed a First Report of Injury with the Minnesota Dept. of Labor and Industry; otherwise, 6 years of the date of injury | Doesn’t apply to farmers or family members of farmers who exchange work with other farmers. |
Mississippi | Section 71–3‑1 et. seq., MISS. CODE ANN | Workers’ Compensation Commission | Workers’ Compensation Commission 1428 Lakeland Drive Jackson, MS 39296–5300 (601) 987‑4200 or (866) 473‑6922 | 2 years of the date of injury; if reopening a claim, 1 year following correct filing of Form B‑31 or 1 year of claim denial | Doesn’t apply to independent contractors |
Missouri | Chapter 287 R.S.Mo. 2005 | Department of Labor and Industrial Relations | Department of Labor and Industrial Relations Division of Workers’ Compensation 3315 West Truman Blvd., Room 131 P. O. Box 58 Jefferson City, MO 65102–0058 (573) 751‑4231 or (800) 775‑2667 | 2 years of the date of injury or 1 year from the last date of payment, whichever is later | Doesn’t apply to direct sellers, domestic servants, farm laborers, inmates, owner/operators of leased trucks in interstate commerce, sports officials or volunteers |
Montana | Mont. Code Ann. §39–71-101, et.seq | Department of Labor and Industry | Department of Labor and Industry Employment Relations Division Workers’ Compensation Claims Assistance Bureau 1805 Prospect Avenue Helena, MT 59604 *mailing address: P. O. Box 8011 Helena, MT 59604–8011 (406) 444‑6543 | 1 year of the date of injury; or 2 years if injured worker establishes lack of knowledge of injury, latent injury, or equitable estoppel | Doesn’t apply to:Casual employment. Cosmetologist or barbers. Dependent member of the employer’s family, Domestic servants, Direct sellers, Freelance photographers and authors, Jockeys, Managers of a ditch company, Newspaper deliverers, Ordained ministers, People working solely within the boundaries of Indian reservations, Petroleum land workers, Real estate brokers or salesmen, Some officials at athletic events, Some sole proprietors |
Nebraska | Nebraska Revised Statutes §48–101 et. seq. | Workers’ Compensation Court | Workers’ Compensation Court P. O. Box 98908 Lincoln, NE 68509–8908 (402) 471‑6468 or (800) 599‑5155 | 2 years of the date of the accident or the date of last payment of compensation | Doesn’t apply to agricultural employees, domestic servants or railroad employees engaged in interstate commerce |
Nevada | Nev. Rev. Stat. Chapters 616A-616D, Nev. Rev. Stat. Chapter 617 | Department of Business & Industry | Department of Business & Industry Division of Industrial Relations 400 W. King Street, Suite 400 Carson City, NV 89703 (775) 684‑7260 | Injured worker must fill out Form C‑4, have the medical provider sign it 90 days from the date of injury or the date first noticed the onset of an occupational disease | Doesn’t apply to casual employees, direct salespeople, domestic workers, members of the clergy, musicians (who work for two consecutive days or less), sports officials paid nominal fees, theatrical performers or voluntary ski patrol |
New Hampshire | New Hampshire Revised Statutes Annotated 281‑A | Workers’ Compensation Division | Workers’ Compensation Division Department of Labor 95 Pleasant Street Concord, NH 03301 (603) 271‑3176 or (800) 272‑4353 | 2 years from the date of injury; in cases where an injury or illness is not immediately recognized, injured worker must provide notice the date he or she knows, or should have known, of the nature of the injury | Doesn’t apply to direct sellers, railroad employees engaged in interstate commerce, real estate brokers/appraisers or agents or those providing services for residential placement of individuals with disabilities |
New Jersey | New Jersey Statutes Annotated 34:15–1 et seq. | Department of Labor and Workforce Development | Department of Labor and Workforce Development Division of Workers’ Compensation P. O. Box 381 Trenton, NJ 08625–0381 (609) 292‑2515 | 2 years from the date of injury or last payment of compensation, whichever is later | Doesn’t apply to casual workers, domestic workers, employees who are willfully negligent, independent contractors or inmates |
New Mexico | New Mexico Workers’ Compensation Act, New Mexico Statutes Annotated §§52–1‑1, et seq. | Workers’ Compensation Administration | Workers’ Compensation Administration 2410 Centre Avenue, SE Albuquerque, NM 87106 *mailing address: P. O. Box 27198 Albuquerque, NM 87125–7198 (505) 841‑6000 or (800) 255‑7965 | 1 year after employer’s insurance provider has started (or failed) to pay you | Doesn’t apply to domestic servants, farm employees, real estate agents or those with waiver from the state |
New York | Workers’ Compensation Law of the State of New York | Workers’ Compensation Board | Workers’ Compensation Board 328 State Street Schenectady, NY 12305 *mailing address: P.O. Box 5205 Binghamton, NY 13902–5205 (518) 462‑8880 or (877) 632‑4996 | 2 years from the date of injury or last payment of compensation, whichever is later | Doesn’t apply to: Anyone engaged in yard work or household chores or making repairs or painting in and about a one-family owner-occupied residence, Babysitters and minors over the age of 14 engaged in casual employment for one family Clergymen, Domestic employees working less than 40 hours per week, Employees of municipalities and other political subdivisions who are not engaged in hazardous employment, Longshoremen and harbor workers, Railroad employees, Uniformed sanitation workers, firefighters and police officers in the employment of the City of New York. Failure to make workers’ compensation payments can lead to felony charges |
North Carolina | N.C. Gen. Stat. §97 | Industrial Commission | Industrial Commission 430 N. Salisbury Street Raleigh, NC 27603 *mailing address: 1240 Mail Service Center Raleigh, NC 27699–1240 (919) 807‑2501 or (800) 688‑8349 | Form 18 must be filed with the state’s Industrial Commission 2 years from the date of injury | Doesn’t apply to casual employees |
North Dakota | North Dakota Century Code Title 65 (Chapters 65–01 through 65–10) | Workforce Safety and Insurance | Workforce Safety and Insurance 1600 East Century Avenue, Suite 1 Bismarck, ND 58503–0644 (701) 328‑3800 or (800) 777‑5033 | 1 year from the date of injury (date of injury is the first date a reasonable person knew or should have known that a work-related injury occurred) | Doesn’t apply to anyone doing something illegal, casual employees, independent contractors, spouse or child under age 22 of the employer, members of boards of directors, newspaper delivery people or real estate brokers and salespeople Workers’ compensation insurance must be bought from a state fund. |
Ohio | Ohio Revised Code §4121.01 et. seq. Ohio Administrative Code §4121–01 et. seq. | Bureau of Workers’ Compensation | Bureau of Workers’ Compensation 30 West Spring Street Columbus, OH 43215–2256 (614) 728‑5416 or (800) 644‑6292 | 2 years from the date of injury; 2 years after the disability began or 6 months after the illness was diagnosed for an occupational disease claim | No exemptions, Workers’ compensation insurance must be bought from a state fund. |
Oklahoma | Okla. Stat. tit. 85, §§301–413 | Workers’ Compensation Court | Workers’ Compensation Court 1915 North Stiles Avenue, Suite 127 Oklahoma City, OK 73105 (405) 522‑8600 or (800) 522‑8210 | 2 years from the date of injury or death; 2 years from the date of payment of any compensation or wages in lieu of compensation; or 2 years of authorized medical care | Does not apply to horticulture workers not using motorized machines, anyone employed by an employer with less than five employees who are all related, employees of tax-exempt youth sports leagues, domestic servants in a private home, real estate brokers, sole proprietors, volunteers, owner-operators of trucks or workers who provide medical care or social services |
Oregon | Workers’ Compensation Law. Or. Rev. Stat. §656.001 | Workers’ Compensation Division | Workers’ Compensation Division 350 Winter Street, NE P.O. Box 14480 Salem, OR 97309–0405 (503) 947‑7585 or (800) 452‑0288 | 2 years from the date of injury, or 180 days from the date of a claim denial | Doesn’t apply to casual employees or inmates |
Pennsylvania | Worker’s Compensation Act of June 24, 1996, P.L. 350, No. 57 | Bureau of Workers’ Compensation | Bureau of Workers’ Compensation Department of Labor and Industry 1171 S. Cameron Street, Rm. 324 Harrisburg, PA 17104–2501 (717) 783‑5421 or (800) 482‑2383 | 3 years from the date of injury; if benefits terminated, injured worker has 3 years to seek reinstatement; 300 weeks from the date of last exposure for occupational disease claims | Doesn’t cover casual employees Intentional noncompliance with workers’ compensation laws is a felony that can result in a sentence of up to seven years. |
Rhode Island | R.I. Gen. Laws. 27–7.1–1, et. seq.; | Department of Labor & Training | Department of Labor & Training Division of Workers’ Compensation 1511 Pontiac Ave. Cranston, RI 02920–0942 (401) 462‑8100 | 2 years from the date of injury in most cases (statute allows for flexibility, depending on the nature of the case) | Doesn’t apply to casual employees, farmers or farm laborers, nursery workers, salespersons including real estate brokers and sworn employees of the state |
South Carolina | S.C. Code Ann. §42–1‑110 et seq. | Workers’ Compensation Commission | Workers’ Compensation Commission 1333 Main Street, Suite 500 P. O. Box 1715 Columbia, SC 29202–1715 (803) 737‑5700 | 2 years of the date of the accident; the date of the diagnosis (if an occupational disease claim); or the date the employee discovered, or could have reasonably discovered, the injury or illness | Doesn’t apply to casual employees |
South Dakota | SDCL Title 62 | Department of Labor and Regulation | Department of Labor and Regulation Division of Labor & Management 123 W. Missouri Avenue Pierre, SD 57501–2291 (605) 773‑3101 | 1 year from the date of the accident; deadline may be extended if your employer has provided medical treatment for the injury or if you are able to keep working | Doesn’t apply to domestic servants working less than 20 hours a week, farm workers, independent contractors or volunteers |
Tennessee | T.C.A. §50–6‑101, et seq. | Department of Labor and Workforce Development | Department of Labor and Workforce Development Division of Workers’ Compensation 220 French Landing Drive Nashville, TN 37243–1002 (844) 224‑5818 | Form C40B must be filed one year from the date of injury | Doesn’t apply to some undocumented workers |
Texas | Texas Labor Code Annotated § 401.001 et. seq | Department of Insurance | Department of Insurance Division of Workers’ Compensation 7551 Metro Center Drive, Ste. 100 Austin, TX 78744–1609 *mailing address: P.O. Box 12050 Austin, TX 78711 (512) 804‑4000 or (800) 252‑7031 | 1 year from the date of injury; 1 year from the date the employee knew, or should have known, about an occupational illness | Doesn’t apply to federal employees or independent contractors |
Utah | Utah Code Annotated §34A‑2–101, et seq. | Labor Commission | Labor Commission Division of Industrial Accidents 160 East 300 South, 3rd Floor Salt Lake City, UT 84114–6610 (801) 530‑6800 or (800) 530‑5090 | 1 year from the date of injury | Doesn’t apply to real estate brokers |
Vermont | Vermont Statutes Annotated title 21, § 601 et seq. | Department of Labor | Department of Labor Workers’ Compensation Division 5 Green Mountain Drive P.O. Box 488 Montpelier, VT 05601–0488 (802) 828‑2286 | 6 months from the date of injury; worker may pursue claim after 6‑month time limit with proof the employer/carrier had prior knowledge of the injury | Doesn’t apply to assistant judges, casual employees, those engaged in amateur sports, domestic workers, farm workers, illegally hired minors, members of an employers family who live in their home or sole proprietors or partners in an unincorporated business |
Virginia | Virginia Workers’ Compensation Act, Title 65.2 Code of Virginia 1950 | Workers’ Compensation Commission | Workers’ Compensation Commission 333 E. Franklin Street Richmond, VA 23219 (877) 664‑2566 | 2 years from the date of injury (no extensions offered if injury or illness was discovered after the claim deadline) | Doesn’t apply to anyone whose employment is not within the usual course of the employer’s business |
Washington | RCW 51.04.010 to 51.98.080 | Department of Labor and Industries | Department of Labor and Industries Insurance Services Division 7273 Linderson Way, SW Tumwater, WA 98501–5414 (360) 902‑5800 | 1 year from the date of injury | Exemptions include:Booth renters, Certain workers for businesses registered within the Registration of Contractors or licensed Electricians and Electrical Installations, Children employed by parents on a family farm, Domestic workers, Employees not engaged in the business they were hired for, Entertainers hired for specific performances, Gardeners, Home maintenance workers, Insurance producers, Jockeys, Newspaper delivery workers, Services performed for sustenance or help, Sole proprietors or partners, Some officers of corporations, Workers’ compensation insurance must be bought from a state fund. |
West Virginia | W. Va. Code §23–1‑1 et seq. | Offices of the Insurance Commission | Office of the Insurance Commission 900 Pennsylvania Avenue Charleston, WV 25302 *mailing address: P.O. Box 50540 Charleston, WV 25305–0504 (304) 558‑3386 or (888) 879‑9842 | 6 months from the date of injury; 3 years from the last date the worker was exposed to the hazard or the date the person should have reasonably known they had an occupational disease | Doesn’t apply to companies with fewer than five employees, church workers, casual employees, domestic servants, federal employees, volunteer police or rescue or certain employees engaged in professional sports |
Wisconsin | Wis. Stat. §102.01-.89 (2011) | Department of Workforce Development | Department of Workforce Development Workers’ Compensation Division 201 East Washington Avenue, Room C100 Madison, WI 53703 *mailing address: PO Box 7901 Madison, WI 53707–7901 608–266-1340 | 2 years from the date of injury; 12 years if the employer knew or should have known about the injury; no statute of limitations for occupational disease and certain traumatic injuries | Doesn’t apply to domestic servants or most volunteers |
Wyoming | Wyoming Statutes §27–14-101, et seq. | Department of Workforce Services | Department of Workforce Services Workers’ Compensation Division 5221 Yellowstone Road Cheyenne, WY 82002 *mailing address: P.O. Box 20207 Cheyenne, WY 82003 307–777-7441 | 1 year from the date of injury; 1 year after a diagnosis is first communicated to the employee; or 3 years from the date of last exposure to the hazard (whichever occurs last) | Doesn’t apply to: Casual employees, Childcare workers employed by the state, Elected officials, Employees in private homes, Federal government employees, Foster parents, Independent contractors, Officers of corporations, Professional athletes, Sole proprietors, Volunteers, Workers’ compensation insurance must be bought from a state fund. |
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