offered by

Statute of limitations

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

Table of Contents

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.

Feedback