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Statute of limitations

Find out how long you have to report an injury or illness suffered at work.

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What is the statute of limitations?

Under the workers compensation law, (MGL c. 152, § 41) for injuries on or after January 1, 1986, a claim must be filed with the insurer within 4 years of the date you become aware of a connection between your injury/illness and your employment. In the case of the death of a worker, the claim must filed within 4 years of the date of death.

If you receive a Form 104 - Insurer's Notification of Denial, you have 4 years from the date you received the denial to appeal it.

For injuries before January 1, 1986, the statute of limitations is 1 year, regardless of the employee's knowledge of the connection between the injury and/or illness and your work, although it is the burden of the insurer to show prejudice by the employee's failure to file within 1 year of injury.

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