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How Long Do I Have To File A Workers' Compensation Claim In the District of Columbia?

The safest answer is immediately after your injury. In addition, the District of Columbia has rules regarding the time period you have to provide notice to your employer of your injury.

Notice - An employee must notify his employer in writing within 30 days of the injury or within 30 days of becoming aware of the relationship between the injury and the employment. Late notice will not bar a claim, unless the employer had no knowledge of the injury and was also prejudiced by the late notice. There is a specific form, Form 7, used by the Office of Workers' Compensation (OWC) for providing Notice to your employer ( a copy of which should be filed with the OWC). However, it is crucial to be aware that the notice form is not a claim form, even though it looks very similar to it!

Filing a claim - A claim for Workers' Compensation must be filed within one year of the date of the injury or death or the claim will be barred from being pursued! Form 7A (along with Form7 previously mentioned) msut be sent to the Office of Workers' Compensation within the one year time period. There are some exceptions to this rule. They are:

  • The year statute of limitations does not begin to run until the employer files a first report of injury with the OWC;
  • If payment of compensation has been made without an award, a claimmay be filed within one year of the last payment ( money not medical treatment); and
  • If the employer does not provide the employee an "Employee's Rights and Obligations Notice", the one year statute does not begin until such notice is provided.

If you do not come within these guidelines there are often ways to overcome the hurdle of the statutory deadlines. However, since the arguments are usually based on an interpretation of the conduct of the employer and or the knowledge of the employee, it is best to file within the deadlines instead of relying on legal arguments which are difficult and without guarantee of success!