A written claim for workers’ compensation benefits must be filed with the Department of Workers’ Claims within two (2) years of the date of injury or last voluntary payment of disability income benefits, whichever is later. NOTE: Payment of medical expenses does not extend the time for filing a claim.
Occupational disease claims must be filed within three (3) years after diagnosis or after symptoms first appear which are sufficient to inform the employee of the disease, whichever is earlier. A claim may also be filed within three (3) years after death caused by an occupational disease. The maximum period to file most occupational disease claims is five (5) years after the employee was last exposed to the occupational hazard responsible for causing the disease, regardless of when the individual was diagnosed.
Special rules apply to human immunodeficiency virus (AIDS), asbestosis, and conditions caused by radiation exposure. AIDS claims must be filed within five (5) years after exposure to the virus. The time to file a claim involving an asbestos or radiation related disease is twenty (20) years after last exposure, but filing must occur within three (3) years of when a worker knows of the development of the disease.