{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-69","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-69","heading":"Statute of limitations","body":"A. Time for Filing.\n\n1. A claim for benefits under this act, other than an\n\noccupational disease, shall be barred unless it is filed with the\n\nWorkers' Compensation Commission within one (1) year from the date\n\nof the injury or, if the employee has received benefits under this\n\ntitle for the injury, six (6) months from the date of the last\n\nissuance of such benefits. For purposes of this section, the date\n\nof the injury shall be defined as the date an injury is caused by an\n\naccident as set forth in paragraph 9 of Section 2 of this title.\n\n2. a. A claim for compensation for disability on account of\n\ninjury which is either an occupational disease or\n\noccupational infection shall be barred unless filed\n\nwith the Commission within two (2) years from the date\n\nof the last injurious exposure to the hazards of the\n\ndisease or infection.\n\nb. A claim for compensation for disability on account of\n\nsilicosis or asbestosis shall be filed with the\n\nCommission within one (1) year after the time of\n\ndisablement, and the disablement shall occur within\n\nthree (3) years from the date of the last injurious\n\nexposure to the hazard of silicosis or asbestosis.\n\nc. A claim for compensation for disability on account of\n\na disease condition caused by exposure to X-rays,\n\nradioactive substances, or ionizing radiation only\n\nshall be filed with the Commission within two (2)\n\nyears from the date the condition is made known to an\n\nemployee following examination and diagnosis by a\n\nmedical doctor.\n\n3. A claim for compensation on account of death shall be barred\n\nunless filed with the Commission within two (2) years of the date of\n\nsuch a death.\n\n4. If a claim for benefits has been timely filed under\n\nparagraph 1 of this subsection and the employee does not:\n\na. make a good-faith request for a hearing to resolve a\n\ndispute regarding the right to receive benefits,\n\nincluding medical treatment, under this title within\n\nsix (6) months of the date the claim is filed, or\n\nb. receive or seek benefits, including medical treatment,\n\nunder this title for a period of six (6) months,\n\nthen on motion by the employer, the claim shall be dismissed with\n\nprejudice.\n\nB. Failure to File. Failure to file a claim within the period\n\nprescribed in subsection A of this section shall not be a bar to the\n\nright to benefits hereunder unless objection to the failure is made\n\nat the first hearing on the claim in which all parties in interest\n\nhave been given a reasonable notice and opportunity to be heard by\n\nthe Commission.\n\nC. Persons under Disability.\n\n1. Notwithstanding any statute of limitation provided for in\n\nthis act, when it is established that failure to file a claim by an\n\ninjured employee or his or her dependents was induced by fraud, the\n\nclaim may be filed within one (1) year from the time of the\n\ndiscovery of the fraud.\n\n2. Subsection A of this section shall not apply to a mental\n\nincompetent or minor so long as the person has no guardian or\n\nsimilar legal representative. The limitations prescribed in\n\nsubsection A of this section shall apply to the mental incompetent\n\nor minor from the date of the appointment of a guardian or similar\n\nlegal representative for that person, and when no guardian or\n\nsimilar representative has been appointed, to a minor on reaching\n\nthe age of majority.\n\nD. A latent injury or condition shall not delay or toll the\n\nlimitation periods specified in this section. This subsection shall\n\nnot apply to the limitation period for occupational diseases\n\nspecified in paragraph 2 of subsection A of this section.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"467be8c2efec369e3368759fab8ca18996d09ea373e05471a27bc324245fe815","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-68","next":"us-ok/okla.-stat.-tit.-85a-85a-7"},"notice":"GroundRules: Original legal text. Not legal advice."}