For injuries on or after January 1, 1986, a claim must be filed within four years of the date an employee becomes aware of the connection between their disability and their employment. In the case of the death of an employee, the claim must be within four years of death. For injuries prior to 1/1/86, the statute of limitations is one year, regardless of the employee`s knowledge of the causal connection, although it is the burden of the insurer to show prejudice by the employee`s failure to file within one year of injury. When an employee is disabled or incapable of earning full wages for five or more calendar days due to an occupational injury/illness/death, the employer must file a Form 101 with the Department of Industrial Accidents and the company`s insurance carrier. This form must be sent within seven days (not including Sundays and legal holidays) from the fifth day of disability.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified workers' compensation lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local workers' compensation attorney to discuss your specific legal situation.