Personal Injury and Workers’ compensation Statutes of Limitations

Accrual: Date of injury Becton v. Rhone-Poulenc, 706 So. 2d 1134, 1135 (Ala. 1997).

No general discovery rule – Alabama courts have long rejected the discovery rule in the absence of fraudulent concealment of the existence of a cause of action by defendant. Utilities Bd. of City of Opp v. Shuler Bros., 138 So. 3d 287, 293 (Ala. 2013); John Oirya v. Auburn University, et al., No. 19-14405 (11th Cir. 2020).

Discovery rule (toxic torts): A personal injury claim based on exposure to toxic substances accrues when the injured party through reasonable diligence should have reason to discover the injury. This occurs on the first date when the injury is manifested by observable signs or symptoms or is medically identifiable, even if the injured person is ignorant of the injury, its cause, or its origin. Griffin v. Unocal Corp., 990 So. 2d 291, 293 (Ala. 2008). [Note: For pre-Griffin exposures, cause of action accures on the date of last exposure. Garrett v. Raytheon Co., 368 So. 2d 516, 521 (Ala. 1979).]

Common law rule of repose: Claims arising from events more than 20 years old are barred, regardless of when plaintiff discovered the harm. Moore v. Liberty Nat’l Life Ins. Co., 418 So. 2d 89 (1982).

Accrual: Date of death (Ala. Stat. § 6-2-38)

Filing a claim (injury): 2 years from date of injury (Ala. Code § 25-5-80)

Filing a claim (death): 2 years after the death (Ala. Code § 25-5-80)

Filing a claim (occupational disease): Occupational disease not resulting in death – 2 years from injury. (Ala. Code § 25-5-117(a)); Occupational disease resulting in death – If death occurs within 3 years of the injury, a verified complaint must be filed within 2 years after death. However, if an employee’s claim is barred upon the date of death, any claim by his/her dependents shall be barred. (Ala. Code §§ 25-5-117(a)); Definitions of “date of injury” for occupational disease claims – For diseases other than pneumoconiosis or radiation, the date of injury is the date of last exposure (Ala. Code § 25-5-117(b)) and for penumoconiosis or radiation, the date of injury is the date of last exposure in each of at least 12 months, within a period of 5 years prior to the date of the injury. (Ala. Code § 25-5-117(c))

Filing a claim (latent injury): The limitations period does not begin to run until “the claimant, as a reasonable person, should recognize the nature, seriousness, and compensable character of his injury or disease.” Am. Cyanamid v. Shepherd, 668 So. 2d 26 (Ala. Civ. App. 1995).

Discovery rule (generally): The statute of limitations begins to run when claimant discovers, or reasonably should have discovered, the existence of the elements essential to his or her cause of action. Pedersen v. Zielski, 822 P.2d 903, 908 (Alaska 1991); Mine Safety Appliances v. Stiles, 756 P.2d 288, 291 (Alaska 1988).

Discovery rule (toxic tort): The statute of limitations doesn’t run until plaintiff’s disease manifests itself as an illness. Sopko v Dowell Schlumberger, Inc., 21 P. 3d 1265 (Alaka 2001).

Statute of repose:  An action must be commenced within 10 years of the last act alleged to have caused the personal injury, death, or property damage. Alaska Stat. § 09.10.055(a)(1), (2). This statute of repose applies to causes of action accruing on or after August 7, 1997. Id.

Exception to the statute of repose for prolonged exposure to hazardous waste: Alaska Stat. § 09.10.055(a) does not apply if the personal injury, death or property damage resulted from “prolonged exposure to hazardous waste.” Section 09.10.055 does not define “hazardous waste.” “Hazardous waste” refers to solid wastes, as opposed to air contaminants like asbestos. Gilcrease v. Tesoro Petroleum Corp., 70 S. W.3d 265 (Tex. App. 2001).

Discovery rule: The discovery doctrine applies to Alaska’s wrongful death statute. Hanebuth v. Bell Helicopter Int’l, 694 P.2d 143, 146 (Alaska 1984) [In a wrongful death suit arising out of a helicopter crash where the wreckage was not found until almost 8 years after the crash, the statute of limitations did not begin to run until plaintiff discovered or reasonably should have discovered the cause of the crash, which couldn’t be determined until after wreckage was found.]

Statute of repose: An action must be commenced within 10 yeras of the last act alleged to have caused the death. Alaska Stat. § 09.10.055(a)(1), (2). This statute of repose applies to causes of action accruing on or after August 7, 1997. Id.

Exception to statute of repose: Alaska Stat. § 09.10.055(a) does not apply if the personal injury, death or property damage resulted from prolonged exposure to hazardous waste.

Filing a claim (injury): 2 years after employee has knowledge of the nature of the disability and its relation to the employment and after disablement. The maximum time for filing the claim shall be 4 years from the date of injury. (Alaska Stat. § 23.30.105(a))

Filing a claim (latent injury): Alaska Stat. § 23.30.105(a) provides a latent injury exception to the 2-year statute of limitations set forth in Alaska Stat. § 23.30.105(a). The statute of limitations is tolled “so long as the claimant does not know, and in the exercise of reasonable diligence (taking into account his education, intelligence and experience) would not have come to know, the nature of his disability and its relation to his employment.” W.R. Grasle Co. v. Alaska Workmen’s Compensation Bd., 517 P.2d 999, 1002 (Alaska 1974).

Filing a claim (death): 1 year after death, except that, if payment of compensation has been made without an award on account of the injury or death, a claim may be filed within 2 years after the date of the last payment of benefits (Alaska Stat. § 23.30.105(a))

Filing a claim (occupational disease): “[T]he injured employee has full right to claim as shall be determined by the board, time limitations notwithstanding.” Alaska Stat. § 23.30.105(a).

Discovery rule: Arizona follows the discovery rule for statute of limitations for personal injuries. Burns v. Jaquays Mining Corp., 752 P.2d 28, 29-30 (App. 1988). The statute of limitations does not begin to run until there is a manifestation of disease or physical injury. DeBoer v. Brown, 138 Ariz. 168, 673 P.2d 912 (1983); Burns v. Jaquays Min. Corp., 752 P. 2d at 31. A cause of action accrues when plaintiff knew or should have known by reasonable diligence that the alleged injury occurred. Gust, Rosenfeld & Henderson v. Prudential Ins. Co. of America, 182 Ariz. 586, 591, 898 P.2d 964, 969 (1995).  “The important inquiry … is whether the plaintiff’s injury or the conduct causing the injury is difficult for plaintiff to detect, not whether the action sounds in contract or in tort.” Id. “The purpose of the discovery rule, in the context of a latent disease, is to protect a plaintiff who. through no fault of his own, discovers only belatedly that he has the disease.

Discovery rule: The discovery rule applies to wrongful death actions. Lawhon v. L.B.J. Institutional Supply, inc., 765 P.2d 1003 (Ct. App. 1998). A cause of action accrues when the plaintiff discovers or by the exercise of reasonable diligence should have discovered that he or she has been injured by a particular defendant’s negligent conduct. It does not accrue until the plaintiff knows or should have known of both the “what” and “who” elements of causation. Id.

Filing a claim (injury and latent injury): 1 year from the date when the injury becomes manifest or when the claimant knows or in the exercise of reasonable diligence should know that he or she has sustained a compensable injury. (Ariz. Rev. Stat. § 23-1061(A))

Filing a claim (death): 1 year (Ariz. Rev. Stat. § 23-1061(A))

Accrual: A cause of action accrues the moment the right to commence an action comes into existence. Courtney v. First Nat’l Bank, 300 Ark. 498, 780 S.W.2d 536 (1989). The limitation period in § 16-56-105 begins to run when there is a complete and present cause of action, and, in the absence of concealment of the wrong, when the injury occurs, not when it is discovered. Chalmers v. Toyota Motor Sales, USA, Inc., 326 Ark. 895, 935 S.W.2d 285 (1996); Shelter Ins. Co. v. Arnold, 57 Ark. App. 8, 940 S.W.2d 505 (1997) (statute of limitations for tort actions begins to run when the underlying tort is complete).

No discovery rule: There is no statutory discovery rule. The discovery rule has been applied in cases of fraudulent concealment (State v. Diamond Lakes Oil Co., 347 Ark. 618, 66 S.W.3d 613, (Ark., 2002)); in some product liability lawsuits (Martin v. Arthur, 339 Ark. 149, 3 S.W.3d 684, (Ark., 1999)); and in medical malpractice actions in which a foreign object was left in a patient’s body (Ark. Code Ann. §16-114-203).

No discovery rule: There is no statutory disovery rule. The discovery rule has been applied in cases of fraudulent concealment (State v. Diamond Lakes Oil Co., 347 Ark. 618, 66 S.W.3d 613, (Ark., 2002)); in some product liability lawsuits (Martin v. Arthur, 339 Ark. 149, 3 S.W.3d 684, (Ark., 1999)); and in medical malpractice actions in which a foreign object was left in a patient’s body (Ark. Code Ann. §16-114-203).

Filing a claim (injury): 2 years from date or injury (Ark. Code. §§ 11-9-701(a)(1))

Filing a claim (death): 2 years (§ 11-9-702(a)(3))

Filing a claim (occupational illness): 2 years from the date of the last injurious exposure to the hazards of the disease or infection (§ 11-9-702(a)(2)(A))

Filing a claim (silicosis or asbestosis): 1 year after the time of disablement and the disablement must occur within 3 years from the date of the last injurious exposure to the hazard of silicosis or asbestosis  (§ 11-9-702(a)(2)(B))

Filing a claim (disease caused by exposure to x-rays, radioactive substances, or ionizing radiation): 2 years from the date the condition is made known to an employee following examination and diagnosis by a medical doctor (§ 11-9-702(a)(2)(C))

Filing a claim (latent injury): “A latent injury or condition shall not delay or toll the limitation periods specified in this section” (§ 11-9-702(g)(1)), “[h]owever, this subsection shall not apply to the limitation period for occupational diseases specified in subdivision (a)(2) of this section” (§ 11-9-702(g)(2)).

Accrual: Generally, a cause of action accrues at “the time when the cause of action is complete with all of its elements.” Norgart v. Upjohn Co., 21 Cal.4th 383, 397 (1999).

Discovery rule: Accrual is postponed until plaintiff discovers or has reason to discover the cause of action. Id. This occurs when plaintiff has reason at least to suspect a factual basis for its elements. Id. at 398. In a personal injury action, the accrual date is delayed until the plaintiff is aware of his or her injury and its negligent cause. Jolly v. Eli Lilly & Co., 44 Cal.3d 1103, 1109-10, 245 Cal.Rptr. 658, 751 P.2d 923 (1988).

Toxic tort: The time for commencement of the action is no later than either 2 years from the date of injury or 2 years after the plaitniff becomes aware of or reasonably should have become aware of (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later. (Cal Civ. Proc. Code § 340.8)

Accrual: Date of death (Cal. Civ. Proc. Code § 335.1)

Filing a claim (injury): 1 year from date of injury. (Cal. Lab. Code § 5405) The date of injury, except in cases of occupational disease or cumulative injury, is that date during the employment on which occurred the alleged incident or exposure, for the consequences of which compensation is claimed. (Cal. Lab. Code § 5411)

Filing a claim (death): 1 year from the date of death if death occurred within 1 year after the date of injury (Cal. Lab. Code § 5406(a)(1)) or 1 year after the date benefits were last furnished if death occurred more than 1 year after the date of injury (Cal. Lab. Code § 5406(a)(3)). For the death of an asbestos worker, a claim must be filed 1 year from date of death. (Cal. Lab. Code § 5406.5)

Filing a claim (occupational disease or cumulative injury): 1 year from date of injury (Cal. Lab. Code § 5405) The date of injury is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment. (Cal. Lab. Code § 5412)

Discovery rule:  Except for causes of action for injury or property damage arising out of the use or operation of a motor vehicle, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence. (Colo. Rev. Stat. Ann. § 13-80-108)

No discovery rule: No discovery rule for a wrongful death cause of action. (C.R.S.A. § 13-80-108) Accrues on the date of death. (Colo. Rev. Stat. Ann. § 13-80-108)

Employer notification (occupational illness not resulting in death): 30 days after the first distinct manifestation of the occupational disease (§ 8-43-102(2))

Employer notification (occupational illness resulting in death): 30 days after death (§ 8-43-102(2))

Filing a claim (injury): 2 years after injury, disability or death; unless the claimant can present a “reasonable excuse” in which case the time limitation is extended to 3 years. C.R.S. §8-43-103(2). The limitation period commences when the claimant, as a reasonable person, should recognize the nature, seriousness, and probable compensable character of the injury. City of Boulder v. Payne, 162 Colo. 345, 426 P.2d 194 (1967); Intermountain Rubber Industries, Inc. v. Valdez, 688 P.2d 1133 (Colo.App.1984).

Filing a claim (occupational illness): The 2-year statute of limitations does not begin to run until the worker becomes disabled. City of Colorado Springs v. Industrial Claim Appeals Office, 89 P.3d 504 (Colo. App. 2004).The onset of the disability occurs when the occupational disease impairs the claimant’s ability to perform his regular employment effectively or when it renders the cliamant incpable of returning to work except in a restricted capacity. Leming v. Indus. Claim Appeals Office, 62 P.3d 1015 (Colo.App. 2002).

Extended deadline for filing a claim for injury or death resulting from exposure to radioactive materials, asbestosis, silicosis, or anthracosis: Claims for injury or death resulting from exposure to radioactive materials, asbestos, silicosis or anthrcosis are barred unless a notice claiming entitlement to compensation is filed within 5 years after the commencement of disability or death pursuant to C.R.S. §8-43-103(3). A disability beginning more than 5 years after the date of injury shall be conclusively presumed not due to the injury, except where disability or death resulted from exposure to radioactive materials, or from asbestosis, silicosis, or anthracosis pursuant to C.R.S. § 8-41-206.

Discovery rule (toxic torts): “No action to recover damages for personal injury, death or property damage caused by an expsoure to a hazardous chemical substance or mixture or hazardous pollutant released into the environment shall be brought but within two years from the date when the injury or damage complained of is discovered or in the exercise of reasonable care should have been discovered.” (C.G.S.A. § 52-577c(b))

Discovery rule (latent disease): The injury does not occur on the last day of exposure. Rather, it occurs “when the accumulated effects culminate in a disability traceable to the latent disease as the primary cause . . .” Ricciuti v. Voltarc Tubes, Inc., 277 F.2d 809, 813 (2d Cir. 1960) (applying Connecticut law), quoting Marsh v. Industrial Accident Commission, 217 Cal. 338, 18 P.2d 933, 938 (1933).

No discovery rule: C.G.S.A. § 52-555(a)

Filing a claim (injury): 1 year from date of injury or accident (Conn. Gen. Stat. § 31-294c)

Filing a claim (death): If death has resulted within 2 years of the date of accident, or 1 year from date of death, whichever is later. (Conn. Gen. Stat. § 31-294c)

Filling a claim (occupational illness not resulting in death): 3 years from the first manifestation of a symptom of the occupational disease which caused the personal injury (Conn. Gen. Stat. § 31-294c)

Filing a claim (occupational illness resulting in death): 2 years from the onset of symptoms of the occupational disease, or 1 year from the date of death, whichever is later. (Conn. Gen. Stat. § 31-294c)

General rule of acrrual: The date when injuries were sustained (10 Del. C. § 8119)

Discovery rule: The statute of limitations doesn’t begin to run until a party knows or has reason to know that he/she has been injured. Morton v. Sky Nails, 884 A.D.2d 480, 481 (Del. 2005). Where there is an inherently unknowable injury, an injury is sustained when the harmful effect first manifests itself and becomes physically ascertainable. Layton v. Allen, 245 A.2d 794, 798 (Del. 1968). See also Brown, et al. v. E.I. DuPont de Nemours & Co., 820 A.2d 362 (Del. 2003) (limitations period ran once technology or knowledge was available to allow plaintiff to discover that injuries were caused by negligence of another).

Accrual: Date of death (10 Del. Code § 8107)

Discovery rule: A wrongful death cause of action accrues when a qualifying survivor becomes aware or should become aware of the cause of the decedent’s death which gives rise to liability to wrongful death. In re Asbestos Litigation West Trial Group, 622 A.2d 1090, (Del. Super., 1992)

Employer notification (occupational disease): 6 months after the date on which the employee first acquired knowledge that the disability was, could have been caused or had resulted from the employee’s employment (Del. Code tit. 19 §§ 2342)

Filing a claim (injury): 2 years from date of injury (Del. Code tit. 19 § 2361(a))

Filing a claim (death): 2 years after the death (Del. Code tit. 19 § 2361(a))

Filing a claim (occupational illness or ionizing radiation injury not resulting in death): 1 year after the date on which the employee first acquired knowledge that the disability was or could have been caused or had resulted from employment. (19 Del. C. § 2361(d)).

Filing a claim (occupational illness or ionizing radiation injury resulting in death): 1 year after the date on which the person or persons entitled to file such claims know, or by the exercise of reasonable diligence should know, the possible relationship of the death to the employment. (Del. Code tit. 19 § 2361(d))

General rule of accrual: In ordinary negligence actions, a cause of action accrues at the time the injury occurs. Burns v. Bell, 409 A.2d 614, 615 (D.C. 1979).

Discovery rule: Where the relationship between the fact of injury and some tortious conduct is obscure at the time of injury, a cause of action accrues when the plaintiff knows of or by the exercise of reasonable diligence should have known of (1) the existence of the injury, (2) its cause, and (3) some evidence of wrongdoing. Knight v. Furlow, 553 A.2d 1232, 1234 (D.C. 1989)).

Accrual: Date of death (D.C. Code § 16-2702)

No discovery rule unless fraudulent concealment of cause of action: The statute of limitations can be tolled only on a showing of fraudulent concealment of the existence of a cause of action. (D.C. Code § 16-2702)

Filing a claim (injury): 1year from date of injury. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment. (D.C. Code § 32-1514(a))

Filing a claim (death): 1 year from date of death. The time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the exercise of reasonable diligence should have been aware, of the relationship between the injury or death and the employment.  (D.C. Code § 32-1514(a))

Accrual: Except as provided by Florida statute, “[t]he time within which an action shall be begun under any statute of limitations runs from the time the cause of action accrues.” F.S.A. § 95.031(1). “A cause of action accrues when the last element constituting the cause of action occurs.” Id.

The delalyed discovery doctrine is not applicable to personal injury: The delayed discovery doctrine has limited application. Provisions of the Florida Statutes Chapter 95 prescribe a delayed discovery accrual rule for causes of action for fraud (F.S. 95.031(2)(a)), products liability, professional and medical malpractice, and intentional torts based on abuse. The delayed discovery doctrine generally does not apply to negligence causes of action. D.H. v. Adept Cmty. Servs., 217 So. 3d 1072 (Fla. 2nd DCA 2017).

Accrual: Date of death (F.S.A. § 95.11(4)(d))

No delayed discovery rule: “[T]he delayed discovery doctrine is inapplicable to a wrongful death cause of action. Florida courts have consistently held that the statutory cause of action for wrongful death accrues at the time of death, and not when survivors at some indefinite point in the future realize that the cause of death may be actionable.” Raie v. Cheminova, Inc., 336 F.3d 1278, 1280 (11th Cir. 2003)

Employer notification (death): 30 days (Fla. Stat. § 440.185

Employer notification (occupational disease): The 30-day time period in Fla. Stat. § 440.185 is extended to 90 days. (Fla. Stat. § 440.151(6))

Filing a petition (injury): 2 years after the date on which employee knew or should have known that the injury arose out of work performed in the course and scope of employment. (Fla. Stat. § 440.19)

Filing a petition (death): 2 years after the date on which employee knew or should have known that death arose out of work performed in the course and scope of employment. (Fla. Stat. § 440.19)

Filing a petition (occupational disease not resulting in death): 2 years after the date on which employee knew or should have known that the injury arose out of work performed in the course and scope of employment. (Fla. Stat. § 440.19)

Filing a petition (occupational disease resulting in death): 2 years after the date on which employee knew or should have known that the injury arose out of work performed in the course and scope of employment. (Fla. Stat. § 440.19)

Accrual: A tort cause of action accrues upon the violation of a specific duty accompanied by damage (O.C.G.A §  51-1-8)

Discovery rule: Where an injury is known but its cause is unknown, the cause of action does not accrue and the statute of limitations does not begin to run until plaintiff knew or thought the exercise of reasonable diligence should have discovered not only the nature of his/her injury but also the causal connection between the injury and the alleged negligent conduct of defendant. King v. Seitzingers, Inc., 160 Ga. App. 318, 319 (1981) [personal injury action based on exposure to lead from welding fumes at plaintiff’s place of employment]. The discovery rule applies to “to cases of bodily injury which develop only over an extended period of time.” Corporation of Mercer University v. National Gypsum Co., 258 Ga. 365, 365 (1988).

General rule of accrual: “[A]n action for wrongful death “accrues” to the heirs at death, not at the time the cause of the injury is discovered. Miles v. Ashland Chemical Co., 410 S.E.2d 290 (1991) Lovett v. Garvin, 232 Ga. 747, 748, 208 S.E.2d 838 (1974); Burns v. Brickle, 106 Ga.App. 150, 153, 126 S.E.2d 633 (1962)

No discovery rule: Georgia does not follow the discovery rule in applying the statute of limitations to a wrongful death action. Miles v. Ashland Chemical Co., 261 Ga. 726, 410 S.E.2d 290, (Ga. 1991)

Employer notification (death): Immediately or as soon thereafter as practicable. (O.C.G.A. § 34-9-80) If no notice has been given by 30 days after death, a written notice must be given. (O.G.C.A. § 34-9-80)

Employer notificaiton (occupational injury): The disablement or death of an employee resulting from an occupational disease shall be treated as the occurrence of an injury by accident (34-9-291(a))

Filing a claim (injury): 1 year from date of injury (Ga. Code § 34-9-82)

Filing a claim (death): 1 year from date of death (Ga. Code § 34-9-82)

Filing a claim (occupational disease not resulting in death): 1 year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed more than 7 years after the last injurious exposure to the hazard of such disease in such employment; provided, however, that an employee with asbestosis or mesothelioma related to exposure to asbestos shall have 1 year from the date of first disablement after diagnosis of such disease to file a claim for disablement. (34-9-281)

Filing a claim (occupational disease resulting in death): In cases of death where the cause of action was not barred during the employee’s life, the claim must be filed within 1 year of the date of death. (34-9-281)

General rule of accrual/discovery rule: A cause of action accrues when plaintiff knew or should have known of the causal connection between the defendant’s action and the damage done. Guillermo v. Hartford Life & Acc. Ins. Co., 986 F.Supp. 1334, (D. Hawaii 1997.) The “discovery rule” applies to the statute of limitations period articulated in H.R.S. § 657-7. Russell v. Attco, Inc., 82 Hawaii 461, 463, 923 P.2d 403 (1996). An action for personal injury or property damage does not accrue, and the applicable statute of limitations does not commence, until a plaintiff “could reasonably have been aware that she had a claim.” Yamaguchi v. Queen’s Medical Center, 65 Haw. 84, 90, 648 P.2d 689 (1982) (claim accrues upon discovery of injury, negligent act and causation). In the personal injury context, knowledge of a claim involves knowledge that the defendant’s negligence or violation of a duty may have caused the injury. Carvalho v. Johns-Manville Sales Corporation, et. al., (Carvalho II) 871 F.2d 891, 894+B11 (9th Cir.1989), at 894.

According to one website, the courts have not ruled on whether the discovery rule applies to wrongful death actions. https://www.whatistortreform.com/hawaii-statutes-of-limitation.html

Filing a claim (injury): Within 2 years of the date on which the effects of the injury became manifest, and within 5 years after the date of the accident or occurrence which caused the injury. (Haw. Rev. Stat. § 386-82)

Definition – “Personal injury” includes death: “Personal injury” includes death resulting therefrom. See Hawaii Revised Statutes 386-1.

Filing a claim (occupational illness): Claims for injury due to occupational exposure to, or contact with, arsenic, asbestos, benzol, beryllium, zirconium, cadmium, chrome, lead, fluorine, or other mineral or substance with carcinogenic properties, as incorporated in the Hawaii Occupational Safety and Health Standards, or to exposure to X-rays, radium, ionizing radiation, or radioactive substances, must be filed within 2 years after knowledge that the injury was proximately caused by, or resulted from the nature of, the employment. (Haw. Rev. Stat. § 386-82)

General rule of accrual:  The statute of limitations accrues “as of the time of the occurrence, act or omission complained of, and the limitation period shall not be extended by reason of any continued consequences or damages.” Idaho Code § 5-219(4).

No discovery rule for personal injury: Idaho does not recognize the discovery rule in most actions. Although damage must be objectively ascertainable, § 5-219(4) does not require the plaintiff to have discovered the damage before the statute of limitations begins to run. Tingley v. Harrison, 125 Idaho 86, 89, 867 P.2d 960, 963 (1994).

No discovery rule for latent diseases: There is no discovery rule for latent diseases such as asbestosis under the applicable Idaho statute of limitations, I.C. Sec. 5-219(4). Adams v. Armstrong World Industries, Inc., 596 F.Supp. 1407, 1409 (D.Idaho 1984).

Exception for ionizing radiation injuries: “Ionizing radiation” means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter. Idaho Code § 5-242. Pursuant to Idaho Code § 5-243, no action or proceeding may be brought to recover for an ionizing radiation injury more than 3 years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than 30 years from the date of the last occurrence to which the injury is attributed.

General rule of accrual: All tort actions for personal injury accrue “as of the time of the occurrence, act or omission complained of.” § 5-219(4).

No discovery rule: No discovery rule. Chapman v. Cardiac Pacemakers, Inc., 105 Idaho 785, 673 P.2d 385, (Idaho, 1983)

Employer notification (occupational disease not resulting in death): Notify employer within 60 days after first manifestation of the occupational disease. (Idaho Code Ann. § 72-448(1)) If the employer can’t be found, notify the industrial commission within 90 days after the first manifestation of the occupational disease. (Idaho Code Ann. § 72-448(1))

Employer notification (occupational disease resulting in death): Notify employer within 90 days after death. (Idaho Code Ann. § 72-448(2)) If the employer can’t be found, notify the industrial commission within 90 days after death. (Idaho Code Ann. § 72-448(2))

Filing a claim (injury): 1 year from date of the accident (Idaho Code Ann. § 72-701)

Filing a claim (death): 1 year from death (Idaho Code Ann. § 72-701)

Filing a claim (occupational disease not resulting in death): 1 year after the first manifestation of the occupational disease (Idaho Code Ann. §72-448(1))

Filing a claim (occupational disease resulting in death): 1 year after death (Idaho Code Ann. § 72-448(2))

General rule of accrual/discovery rule: The relevant statute of limitations until the injured plaintiff knows or reasonably should have known that he has been injured and that his injury was wrongfully caused.’ Solis v. BASF Corp., 2012 IL App (1st) 110875, citing Golla, 167 Ill. 2d at 361.

Discovery rule (latent injury): The cause of action accrues when plaintiff knows or reasonably should know that he was injured by the wrongful conduct of another. VaSalle v. Celotex Corp., 161 Ill. App. 3d 808, 810 (1987).

Discovery rule (exposure to harmful substances): In cases of exposure to harmful substances, courts apply the discovery rule to prevent the unfairness of charging plaintiff with knowledge of facts which were unknown and inherently unknowable. Golla, 167 Ill. 2d at 367.

Statute of limitations: 2 years (740 Ill. Comp. Stat. 180/2)

Accrual: Section 2 of the Wrongful Death Act provides a plaintiff with a two-year statute of limitations that begins to run on the date of the decedent’s death. Beetle v. Wal-Mart Associates, Inc., 326 Ill. App. 3d 528, 532, 260 Ill. Dec. 520, 761 N.E.2d 364 (2nd Dist. 2001).

Employer notification (injury caused by exposure to radiological materials or equipment): 90 days after the time that the employee knows or suspects that he has received an excessive dose of radiation (820 Ill. Comp. Stat. § 305/6(c)(2))

Filing a claim (injury not caused by exposure to radiological matieral or equipment or asbestos): 3 years after the date of the accident where no compensation is paid, or within 2 years of the last payment of compensation, whichever is later (820 Ill. Comp. Stat. § 305/6(d))

Filing a claim (injury caused by exposure to radiological material or equipment or asbetos): 25 years after the last day that the employee was employed in an environment of hazardous radiological activity or asbestos (820 Ill. Comp. Stat. § 305/6(d))

Filing a claim (death not caused by exposure to radiological material or equipment or asbestos): 3 years after the date of death where no compensation has been paid, or within 2 years after the date of the last payment of compensation where any has been paid (820 Ill. Comp. Stat. § 305/6(d))

Filing a claim (death caused by exposure to radiological matieral or equipment or asbestos where that death occurs within 25 years after the last day employee was expoed): 3 years after date of death where no compensation has been paid, or within 2 years after the date of the last payment of compensation where any has been paid, whichever is later, but not thereafter. (820 Ill. Comp. Stat. § 305/6(d))

General rule of accrual/discovery rule: The statute of limitations does not begin to run and a cause of action does not accrue until plaintiffs ” ‘knew or in the exercise of ordinary diligence could have discovered that an injury had been sustained as a result of the tortious conduct of another.’ ” Garnelis v. Indiana State Dept. of Health, 806 N.E.2d 365 (Ind. App. 2004), quoting Garnelises rely on City of Hobart Sewage Works v. McCullough, 656 N.E.2d 1185, 1189 (Ind. Ct. App. 1995) “For a cause of action to accrue, it is not necessary that the full extent of the damage be known or even ascertainable but only that some ascertainable damage has occurred.” Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. Ct. App. 1996).

Discovery rule (exposure to toxic substances): With respect to injuries resulting from the exposure to toxic substances, the statute of limitations runs from the date plaintiff knew or should have discovered that she suffered an injury, and that it was caused by the product or act of another. Barnes v. A.H. Robins Co., Inc., 476 N.E.2d 84, 87-88 (Ind.1985).

Accrual: The wrongful death action accrues when the injured person dies.

No discovery rule: The discovery rule does not apply. Holmes v. ACandS, Inc., 709 N.E.2d 36, (Ind. App., 1999). “[I]f Holmes had brought the wrongful death action more than two years following Henry’s death, it would be barred by Ind.Code § 34-23-1-1 regardless of when Henry had discovered the injury.” Id.

Filing a claim (injury): 2 years from occurrence of accident

Filing a claim (death): 2 years from the date of death (Ind. Code § 22-3-3-3)

Filing a claim (injury or death resulting from exposure to radiation): 2 years from date employee had knowledge of injury or by exercise of reasonable diligence should have known of the existence of such injury and its causal relationship to his employment. (Ind. Code § 22-3-3-3)

Occupational disease not resulting in death: (a) Generally – No compensation unless disease leads to disablement within 2 years after last exposure to the hazard (Ind. Code § 22-3-7-9-(f)); (b) Disease caused by the inhalation of silica or coal dust – 3 years from the last day of the last exposure to the hazard (Ind. Code § 22-3-7-9-(f)(1)); (c) Employee exposed to radiation – 2 years from date on which employee had knowledge of the nature of the occupational disease or, by exercise of reasonable diligence, should have known of the existence of the disease and its causal relationship to employment (Ind. Code § 22-3-7-9(f)(2); (d) Disease caused by inhalation of asbestos dust – If last exposure before July 1, 1985, limitations period is 3 years from the last day of exposure. (Ind. Code § 22-3-7-9(f)(3) If last exposure was on/after July 1, 1985 and before July 1, 1988, limitations period is 20 years after last exposure. (Ind. Code § 22-3-7-9(f)(4)) If last exposure on/after July 1, 1988, limitations period is 35 years after last date of exposure. (Ind. Code § 22-3-7-9(f)(5))

Occupational disease resulting in death: Generally, no compensation unless death occurs within 2 years after date of disablement. However, compensation is not barred where: (1) death occurs during pendency of claim filed by employee within 2 years after the date of disablement and which claim has not resulted in a decision or has resulted in a decision which is in process of review or appeal;  or (2) by agreement filed or decision rendered, a compensable period of disability has been fixed and death occurs within two 2 years after the end of such fixed period, but in no event later than 300 weeks after the date of disablement. (Ind. Code 22-3-7-9(g))

General rule of accrual/discovery rule: The statutory limitations period does not start to run “until [the] plaintiff has in fact discovered that he has suffered injury or by the exercise of reasonable diligence should have discovered it.” Chrischilles v. Griswold, 260 Iowa 453, 463, 150 N.W.2d 94, 100 (1967).

The discovery rule applies in “pure latent injury cases”: The discovery rule is applied in a “pure latent injury case” in which the plaintiff fails to discover either his/her injury or its cause until long after the negligence occurs. Such cases include actions by workers afflicted with occupational disease. The discovery rule prevents unfairness from assuming a plaintiff was aware of facts which were “unknown and inherently unknowable.” LeBeau v. Dimig, 446 N.W.2d 800, 802 (Iowa 1989) (quoting Urie v. Thompson, 337 U.S. 163, 169, 69 S. Ct. 1018, 1024, 93 L. Ed. 1282, 1292 (1949)).

Discovery rule (toxic chemical): “The statute of limitations begins to run when a plaintiff first becomes aware of facts that would prompt a reasonably prudent person to begin seeking information as to the problem and its cause.” Montag v. T.H. Agriculture & Nutrition Co., Inc., 509 N.W.2d 469, 470 (Iowa 1993).

General rule of accrual/discovery rule: The statute of limitations does not begin to run until the injured party has actual or imputed knowledge of facts supporting all elements of action; once injured party has such knowledge, statute begins to run, even where party has no actual or imputed knowledge that facts are legally actionable. Franzen v. Deere and Co., 377 N.W.2d 660 (Iowa 1985).

Employer notification (occupational disease not resulting in death): 90 days after the first distinct manifestation of the occupational disease (I.C.A. § 85A.18)

Filing a claim (injury): 2 years from injury (I.C.A. § 85.26(1)) The limitations period does not begin to run “until the employee discovers, or should discover in the exercise of diligence, the nature, seriousness, and probable compensable character of the injury or disease[.]” Swartzendruber v. Schimmel, 613 N.W.2d 646, 650 (Iowa 2000).

Filing a claim (death): 2 years from death (I.C.A. § 85.26(1))

Filing a claim (disablement or death caused by latent or delayed pathological conditions, blood, or other tissue changes or malignancies due to occupational exposure to X rays, radium, radioactive substances or machines, or ionizing radiation): 90 days after disablement or death or after the employee had knowledge or in the exercise of reasonable diligence should have known the disablement was caused by overexposure to ionizing radiation or radioactive substances, and its relation to employment. (I.C.A. § 85A.12)

Statute of repose (occupational disease): An employer is not liable for any compensation for an occupational disease unless disablement or death results within 1 year after the last injurious exposure to such disease in such employment. I.C.A. § 85A.12. § 85A.12 is a statute of repose, not a statute of limitation. See Ganske v. Spahn & Rose Lumber Co., 580 N.W.2d 812, 815 (Iowa 1998).

General rule of accrual/discovery rule: A cause of action accrues when the act giving rise to the cause of action first causes substantial injury or, if the fact of injury is not reasonably ascertainable until some time after the initial act, when the fact of injury becomes reasonably ascertainable to the injured party. K.S.A. 60-513(b); Burton v. R.J. Reynolds Tobacco Co., 181 F.Supp.2d 1256 (10th Cir. 2002).

Statute of repose: No claim may be brought after ten (10) years from the date of the act or omission complained of.

Disocvery rule (toxic tort): A tort cause of action based on long-term exposure to carbon monoxide from a home heating system didn’t accrue until plaintiff sufffered a substantial ascertainable injury. Gilger v. Lee Const., Inc., 249 Kan. 307 (1991).

Discovery rule (latent ionizing radiation damage): “Ionizing radiation” is “any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter.” Kan. Stat. Ann. § 60-513a. No action may be brought to recover for an ionizing radiation injury more than 2 years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than 10 years from the date of the last occurrence to which the injury is attributed. Kan. Stat. Ann. § 60-513b.

Note: If the statute of limitations has expired on the decedent’s original cause of action before his or her death, a surviving heir cannot bring a wrongful death claim after their death (K.S.A. § 60-1901)

General rule of accrual/discovery rule: A cause of action accrues when the act giving rise to the cause of action first causes substantial injury or, if the fact of injury is not reasonably ascertainable until some time after the initial act, when the fact of injury becomes reasonably ascertainable to the injured party. K.S.A. 60-513(b)

“Last injurious exposure rule” for occupational injury: The date employee becomes incapacitated from performing work by is taken as the date of the injury equivalent to the date of accident. (K.S.A. § 44-5a06)

Employer notification (occupational injury resulting in disablement or death): 90 days after disablement or death (K.S.A. § 44-5a17) Objection to failure to give notice in 90 days is waived unless made at hearing. Id.

Employer notification (occupational disease resulting in disablement or death caused by latent or delayed pathological conditions, changes or malignancies due to the occupational exposure to X-rays, radium, radioactive substances or machines, or ionizing radiation): 1 year after date employee first suffered incapacity from exposure to radiation and knew or in exercise of reasonable diligence should have known occupational disease was caused by employment. (K.S.A. § 44-5a17)

Filing a claim (accident or injury): 3 years from date of accident (K.S.A. § 44-534(b))

Filing a claim (occupational disease resulting in disablement or death): 1 year from disablement or death (K.S.A. § 44-5a17) Objection to failure to file within 1 year waived unless made at hearing. (K.S.A. § 44-5a17)

Filing a claim (occupational disease resulting in disablement or death caused by latent or delayed pathological conditions, changes or malignancies due to the occupational exposure to X-rays, radium, radioactive substances or machines, or ionizing radiation): 1 year after date employee first suffered incapacity from exposure to radiation and knew or in exercise of reasonable diligence should have known occupational disease was caused by employment (K.S.A. § 44-5a17)

44-a506 “last injurious exposure rule” xxx

Statute of repose (occupational disease): (1) Silicosis – Employer is not liable unless disablement results within 1 year or death results within 3 years; (2) Occupational diseases other than silicosis not resulting in death – Employer not liable unless disablement results within 1 year after the last injurious exposure to the hazard of such disease in such employment; (3) Occupational diseases other than silicosis resulting in death – Employer not liable unless death follows continuous disability from such disease, commencing within the period above limited, for which compensation has been paid or awarded or timely claim made as provided in the workmen’s compensation act, and results within 7 years after such last exposure. Where payments have been made on account of any disablement from which death shall thereafter result such payments shall be deducted from the amount of liability provided by law in case of death. The time limit prescribed by this section shall not apply in the case of an employee whose disablement or death is due to occupational exposure to ionizing radiation.” (Kan. Stat. Ann. § 44-5a01(c))

General rule of accrual/discovery rule: The limitations period begins to run “on the date of the discovery of the injury, or from the date it should, in the exercise of ordinary care and diligence, have been discovered.” Wiseman v. Alliant Hosps., Inc., 37 S.W.3d 709, 712 (Ky. 2000). The limitations period commences when the injury becomes reasonably ascertainable to the injured party, not when the injured party has knowledge of the fact of injury. Burton v. R.J. Reynolds Tobacco Co., 181 F.Supp.2d 1256 (10th Cir. 2002).

Discovery rule (claims arising from latent injuries or exposure to harmful substances): The discovery rule applies to tort actions for injury resulting from a latent disease caused by exposure to a harmful substance. Louisville Trust Co. v. Johns–Manville Prods.Corp., 580 S.W.2d 497, 499-501 (Ky. 1979). The statute of limitations is tolled until plaintiff discovers or in the exercise of reasonable diligence should have discovered that she was injured and her injury may have been caused by the defendant’s conduct. Id.  It is not necessary for plaintiff to know that he or she has a legal cause of action. Conway  v.  Huff, 644 S.W.2d 333, 334 (Ky.  1982). A cause action accrues once plaintiff  knows, actually or constructively, that defendant may have caused his or her injury. Johns-Manville Prods. Corp., 580 S.W.2d at 501. Definitive knowledge of causation is not needed. Id. An injury doesn’t exist until plaintiff discovers defendant’s wrongful conduct or the misconduct becomes “objectively ascertainable.” Wiseman v. Alliant Hosps., 37 S.W.3d 709, 712-13 (Ky. 2000).

No discovery rule unless death was fraudulently concealed: The discovery rule does not apply unless there was fraudulent concealment of the cause of death. Gray v. Commonwealth, Ky.App., 973 S.W.2d 61, 62-63 (1997)

Employer notification (death): As soon as practicable (Ky.Rev.Stat.Ann. § 342.185)

Employer notification (occupational disease): As soon as practicable after employee first experiences symptoms reasonably sufficient to apprise the employee that he or she has contracted the occupational disease, or a diagnosis of the disease is first communicated to him or her, whichever occurs first (Ky.Rev.Stat.Ann. § 342.316(2))

Filing a claim (injury): 2 years from date of accident (Ky.Rev.Stat.Ann. § 342.185)

Filing a claim (death): 2 years from death (Ky.Rev.Stat.Ann. § 342.185)

Filing a claim (occupational disease not resulting in death): Within 3 years after the last injurious exposure to the occupational hazard or after the employee first experiences a distinct manifestation of an occupational disease in the form of symptoms reasonably sufficient to apprise the employee that he or she has contracted the disease, whichever shall last occur (KRS § 342.316(4)(a)) However, the right to compensation for any occupational disease shall be forever barred unless a claim is filed with the commissioner within 5 years from the last injurious exposure to the occupational hazard. Id.

Filing a claim (occupational disease resulting in death): 3 years after death if the death results from the occupational disease within 3 yeras after the last injurious exposure to the occupational hazard or after the employee first experiences a distinct manifestation of an occupational disease in the form of symptoms reasonably sufficient to apprise the employee that he or she has contracted the disease (KRS § 342.316(4)(a)) However, the right to compensation for any occupational disease shall be forever barred unless a claim is filed with the commissioner within 5 years from the last injurious exposure to the occupational hazard. Id.

Filing a claim (occupational radiation disease, asbestos-related disease or a type of cancer specified in KRS 61.315(11)(b)): 20 years from the last injurious exposure to the occupational hazard (KRS § 342.316(4)(a))

Accrual: The one-year prescriptive period for delictual actions “commences to run from the day injury or damage is sustained (La. Civ. Code Ann. Art. 3492)

Discovery rule: The prescription period of 1 year for tort actions does not begin to run until plaintiff has actual or constructive knowledge of the cause of action. A plaintiff has constructive notice of his/her cause of action if he/she has knowledge of the tortious act, the damage caused by the tortious act, and the causal relationship between tortious act and damage. Beth Israel v. Bartley, Inc., 579 So.2d 1066, 1072 (La.App. 4th Cir.1991), writ denied, 587 So.2d 696 (La.1991); Knaps v. B&B Chem. Co., 828 F.2d 1138, 1139 (5th Cir. 1987).

Latent injury: The prescription period does not run until the time when a reasonable plaintiff would become aware of the connection between her injured condition and the defendant’s tortious actions. Grenier v. Med Engineering Corp., 243 F.3d 200 (5th Cir. 2001).

Accrual: The one-year prescriptive period for delictual actions “commences to run from the day injury or damage is sustained (La. Civ. Code Ann. Art. 3492)

Discovery rule: “Liberative prescription of one year generally begins to run when the victim knows or should know of the damage, the delict, and the relationship between them. Branch v. Willis-Knighton Med. Ctr., 636 So.2d 211, 212 (La. 1994).

Employer notification (death): 30 days after death (La.Stat.Ann. § 23:1301)

Filing a claim (injury): 1 year after accident (La.Stat.Ann. § 23:1209(A)(1))

Filing a claim (death): 1 year from date of death (La.Stat.Ann. § 23:1209(A)(1))

Filing a claim (injury that does not develop immediately after the accident): 1 year from the time the injury develops, but no later than 3 years from the date of the accident (La.Stat.Ann. § 23:1209(A)(3))

Filing a claim (ooccupational disease resulting in disability): Within 1 year of the date that: (1) the disease manifested itself; (2) the employee is disabled from working as a result of the disease; (3) the employee knows or has reasonable grounds to believe that the disease is occupationally related. (La.Stat.Ann. § 23:1031.1(E))

Filing a claim (occupational disease resulting in death): 1 year from the date of death or 1 year from the date the claimant has reasonable grounds to believe that the death resulted from an occupational disease  (La.Stat.Ann. § 23:1031.1(F))

General rule of accrual: Begins to run on the date of the act or omission giving rise to the claim (14 M.R.S. § 753-A)

The discovery rule has limited application: Maine courts have only applied the discovery rule to a few discrete areas of law. Erlich v. Ouellette, Labonte, Roberge & Allen, P.A., 637 F.3d 32, 35 (1st Cir. 2011). The discovery rule has been applied in cases involving legal malpractice, foreign object and negligent diagnosis medical malpractice cases, and in cases involving asbestosis. Id. The discovery rule was adopted in asbestos inhalation cases where victims didn’t know at the time of exposure or for a long time afterward that they were injured. Kelleher v. Boise Cascade Corp., 676 F. Supp. 22 (D. Me. 1988). The actionable event in asbestos exposure cases is the date of the manifestation of asbestos-related disease, not the date of exposure. Bernierv. Raymark INdustries, Inc., 516 A.2d 534, 542-43 (Me.1986).

No discovery rule for toxic tort cases: Maine is in the minority of states that do not have some type of “discovery rule” that applies in toxic tort cases where people or property are injured by substances with latent harmful effects. https://legislature.maine.gov/testimony/resources/JUD20210317Faunce132603819773605199.pdf

General rule of accrual: 2 years from date of death (18-A M.R.S.A. § 2-804(b))

Discovery rule: The discovery rule does not apply to wrongful death actions. Butler v. Killoran, 714 A.2d 129 (Me. 1998).

Employer notification (death): 60 days from date of death (39-A M.R.S.A. § 905)

Employer notification (occupational disease): The requirements for notice of injury for an occupational disease claim are determined by  §§ 301 to 307. (39-A M.R.S.A. § 607). For injury occurring after 1/1/2020 – 60 days after date of injury; For injury occurring on or after 1/1/2013 and before 1/1/2020 – 30 days after date of injury; For injury occurring prior to 1/1/2013 – 90 days after date of injury. (39-A M.R.S.A. § 301) The date of injury is the date employee becomes incapacitated from performing his or her work. (39-A M.R.S.A. §606)

Filing a claim (injury): 1 year from the accident that causes the injury (39-A M.R.S.A. § 905)

Filing a claim (death): 1 year from the accident that causes the death (39-A M.R.S.A. § 905)

Filing a petition (occupational disease not resulting in death) – The requirements for filing a petition for an occupational disease claim are determined by §§ 301 to 307. (39-A M.R.S.A. § 607) 39-A M.R.S.A. § 306(1) provides that a petition must be filed 2 years after date of injury. The date of injury is the date employee becomes incapacitated from performing his or her work. (39-A M.R.S.A. §606)

Filing a petition (occupational disease resulting in death): The requirements for filing a petition for an occupational disease claim are determined by sections 301 to 307 (39-A M.R.S.A. § 607). 39-A M.R.S.A. § 306(6) provides , in the event of the death of the employee, a petition must be filed 1 year after death or 2 years from the date of injury, whichever is later, but in any event not later than 6 years from the date of last payment.

Accrual: Md. Cts. & Jud. Proc. Code does not define “accrual” for purposes of § 5-101.

Discovery rule: Maryland courts use the discovery rule to determine accrual. Frederick Road Ltd. P’ship v. Brown & Sturm, 360 Md. 76, 95, 756 A.2d 963 (2000). The discovery rule is applied to all civil actions in Maryland. Poffenberger v. Risser, 290 Md. 631, 636, 431 A.2d 677 (1981). A cause of action accrues “when a claimant gains knowledge sufficient to put him or her on inquiry notice.” Lumsden v. Design Tech Builders, Inc., 358 Md. 435, 447, 749 A.2d 796 (2000). A plaintiff is on inquiry notice if he has “‘knowledge of circumstances which would cause a reasonable person in the position of the plaintiff[ ] to undertake an investigation which, if pursued with reasonable diligence, would have led to knowledge of the alleged [tort].’” Estate of Adams v. Continental Ins. Co., 233 Md. App. 1, 25, 161 A.3d 70 (2017) (quoting Lumsden, 358 Md. at 446, 749 A.2d 796).

Discovery rule (latent diseases): The discovery rule has been extended to cases involving latent diseases. Harig v. Johns-Mansville Products Corp., 284 Md. 70, 394 A.D.2d 299, 306 (1978).

The timeliness of a wrongful death claim is not contingent on whether decedent’s action would have been timely during his or her lifetime: Wrongful death claims are independent and not contingent on whether the decedent would have had a timely claim before his or her death. Mummert v. Alizadeh, 435 Md. 207 (2013)

No discovery rule for wrongful death generally: The discovery rule does not apply to claims brought under § 3-904(g)(1). Georgia Pacific Co. v. Benjamin, 904 A.2d 511, 394 Md. 59 (2006); Trimper v. Porter-Hayden, 305 Md. 31, 501 A.2d 446 (1985)

Rule for occupational disease: Within 10 years of the date of death; or within 3 years of the date when the cause of death was discovered, whichever is shorter. (Md. Cts. & Jud. Proc. Code § 3-904(2))

Employer notification (death): 30 days after date of death (Md. Code, Labor & Employment §§ 9-704(b)(2))

Employer notification (occupational disease resulting in disability): 1 year after employee knows or has reason to believe that employee has the occupational disease (Md. Code, Labor & Employment § 9701(a)(1))

Employer notification (occupational disease resulting in death): 1 year after death (Md. Code, Labor & Employment § 9701(a)(2))

Filing a claim (injury): 60 days after accidental personal injury (Md. Code, Labor & Employment § 9709(a)(1))

Filing a claim (death): If an employee dies as a result of an accidental personal injury and dies within 7 years from the date of that injury, a claim must be filed within 18 months of death. (Md. Code, Labor & Employment § 9-710(B)(1)))

Filing a claim (disability due to an accidental personal injury from ionizing radiation): 2 years after the date of disablement;  or the date when the covered employee first knew that the disablement was due to ionizing radiation. (Md. Code, Labor & Employment § 9-709(3)(c))

Filing a claim (occupational disease resulting in disablement): 2 years after disablement or the date when the covered employee or the dependents of the covered employee first had actual knowledge that the disablement was caused by the employment. (Md. Code, Labor & Employment § 9-711(a)(1)(i))

Filing a claim (occupational disease resulting in death): 2 years after date of death or date when employee or employee’s dependents first had actual knowledge that the disablement was caused by the employment (Md. Code, Labor & Employment § 9-711(a)(1)(i) and (ii))

Accrual: A cause of action usually accrues on the date of injury. See Cannon v. Sears, Roebuck & Co., 374 N.E.2d 582, 584 (Mass. 1978).

Discovery rule (generally): The statute of limitations is tolled until a plaintiff knows or reasonably should know that he or she has been harmed as a result of the defendant’s conduct. Levin v. Berley, 728 F.2d 551, 553 (1st Cir. 1984); Taygeta Corp. v. Varian Associates, Inc., 763 N.E.2d 1053 (Mass. 2002).

Discovery rule (latent injury): Olsen v. Bell Telephone Laboratories, Inc., 388 Mass. 171, 445 N.E.2d 609, 612 (1983) [plaintiff’s cause of action accrued when asthma from exposure to toluene diisocyanate manifested itself]

General rule of accrual/discovery rule: “An action to recover damages under this section shall be commenced within three years from the date of death, or within three years from the date when the deceased’s executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action, or within such time thereafter as is provided by section four, four B, nine or ten of chapter two hundred and sixty.” M.G.L. c. 229, § 2. The discovery rule delays accrual until discovery. See Poblieglo v. Monsanto Co., 402 Mass. 112, 116 (1988)

Filing a claim (injury): 4 years from the date employee first became aware of the causal relationship between his disability and his employment (Mass. Gen. Laws ch 152 § 41)

Filing a claim (death): Within 4 years of death (Mass. Gen. Laws ch 152 § 41)

Filing a claim (occupational disease): 4 years from the date employee first became aware of the causal relationship between his disability and his employment (Mass. Gen. Laws ch 152 § 41)

General rule of accrual: The period of limitations runs from the time a claim accrues. M.C.L. § 600.5827. The claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results. M.C.L. § 600.5827. Stephens v Dixon, 449 Mich 531, 538; 536 NW2d 755 (1995).

Discovery rule: The discovery rule has been applied where an element of a cause of action has occurred but is not yet discoverable with reasonable diligence. Travelers Ins Co v Guardian Alarm Co of Michigan, 231 Mich App 473, 479-480; 586 NW2d 760 (1998). The discovery rule is generally applied where there is some verifiable basis for the plaintiff’s inability to bring the claim within the statutory period. Nelson v Ho, 222 Mich App 74, 86; 564 NW2d 482 (1997). Under the discovery rule, the statute of limitations begins to run when the plaintiff discovers, or, through the exercise of reasonable diligence, should have discovered a possible cause of action. Moll v Abbott Laboratories, 444 Mich 1, 5; 506 NW2d 816 (1993).

Exception – The wrongful death saving period: If a person dies during the applicable statute of limitations, or within 30 days thereafter, the personal representative has two years from the date letters of authority are issued to commence an action. However, the action must be commenced within three years after the statute of limitations applicable to the underlying theory of liability expires. (M.C.L. 500.5852)

General rule of accrual: The period of limitations runs from the time a claim accrues. M.C.L. § 600.5827. The claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results. M.C.L. § 600.5827. Stephens v Dixon, 449 Mich 531, 538; 536 NW2d 755 (1995). “The wrong is done when the
plaintiff is harmed rather than when the defendant acted.” Boyle v Gen.
Motors Corp., 468 Mich 226, 231 n. 5; 661 NW2d 557 (2003),

No discovery rule: “The statutory scheme is exclusive and thus precludes this common law practice of tolling accrual based on discovery in cases where none of the statutory tolling provisions apply.” Trentadue v. Gorton, 738 N.W.2d 664 (Mich. Sup. Ct. 2007)

Filing a claim (injury): 2 years after injury (Mich. Comp. Laws § 418.381(1)) Further, a claim is not valid unless it is made within 2 years after the latest of the following dates: (1) the date of injury, (2) the date disability manifests itself, or (3) the last day of employment with the employer against whom claim is being made. (Mich. Comp. Laws § 418.381(1))

Filing a claim (death): 2 years after death (Mich. Comp. Laws § 418.381(1))

Filing a claim (occupational disease resulting in injury): 2 years from the date the employee had knowledge, or a reasonable belief, or through ordinary diligence could have discovered, that the occupational disease was work related. (Mich. Comp. Laws § 418.441(1) and (2))

Filing a claim (occupational disease resulting in death): 2 years from the date a deceased employee’s dependents had knowledge, or a reasonable belief, or through ordinary diligence could have discovered, that the death was work related. (Mich. Comp. Laws § 418.441(1) and (2))

Statute of limitations (personal injury claims based on intentional torts: 2-years (M.S.A. § 541.07(1)). D.M.S. v. Barber, 645 N.W.2d 383, 386 (Minn. 2002).

Rule of accrual: The limitations period begins to run for a negligence or tort claim when a cause of action accrues. Antone v. Mirviss, 720 N.W.2d 331 (Minn. 2006). In general, “[a] cause of action accrues and the statute of limitations begins to run when the cause of action will survive a motion to dismiss for failure to state a claim
upon which relief can be granted. . . . [T]he running of the statute does not depend on the ability to ascertain the exact amount of damages.” Herrmann v. McMenomy & Severson, 590 N.W.2d 641, 643 (Minn. 1999). With respect to the element of damages, “some” damage is enough to trigger the running of statute of limitations [MacRae v. Group Health Plan, Inc., 753 N.W.2d 711 (Minn. 2008)], whether or not plaintiff knew of the damage [See Antone v. Mirviss, 720 N.W.2d at 336-37].

No discovery rule: Minnesota has not adopted a discovery rule for all cases. The discovery rule has been applied in cases involving continuing torts and fraudulent concealment [Haberle v. Buchwald, 480 N.W.2d 351 (Minn. App. 1992)] and in product liability actions [Mack v. Stryker Corp., 893 F.Supp.2d 976 (D. Minn. 2012); Hildebrandt v. Allied Corp., 839 F.2d 396,398 (8th Cir. 1987)].

“Some damage” rule of accrual: A tort cause of action “accrue[s] at such time as it could be brought in a court of law without dismissal for failure to state a claim.” Dalton v. Dow Chem. Co., 280 Minn. 147, 158 N.W.2d 580, 584 (1968). Minnesota courts apply the “some damage” rule to determine when a claim accrues. Hansen v. U.S. Bank Nat’l Ass’n, 934 N.W.2d 319, 327 (Minn. 2019).”[T]he statute of limitations begins to run when ‘some’ damage has occurred as a result of the alleged [negligent act].” Antone v. Mirviss, 720 N.W.2d 331, 336 (Minn. 2006).

No discovery rule: DeCosse v. Armstrong Cork Co., 319 N.W.2d 45 (Minn. 1982).

Employer notification (injury caused by x-rays, radium, radioactive substances or machines, ionizing radiation, or any other occupational disease): “Employee shall give notice to the employer and commence an action within 3 years after the employee has knowledge of the cause of such injury and the injury has resulted in disability” (Minn. Stat. § 176.151(c))

Filing a claim (injury): 3 years after employer has made a written report of the injury to the commissioner of the Dept. of Labor and Industry, but no more than 6 years from the date of the accident (Minn. Stat. § 176.151)

Filing a claim (death): A claim must be filed 3 years after the commissioner of the Dept. of Labor and Industry receives written notice of death from the employer, but no more than 6 years from the date of injury. (Minn. Stat. § 176.151(b)) However, if employee was paid compensation for the injury from which death resulted, a claim must be filed 3 years after the Dept. of Labor and Industry receives written notice of death from the employer, but no more than 6 years from the date of death. (Minn. Stat. § 176.151(b))

Filing a claim (injury caused by x-rays, radium, radioactive substances or machines, ionizing radiation, or any other occupational disease): “Employee shall give notice to the employer and commence an action within 3 years after the employee has knowledge of the cause of such injury and the injury has resulted in disability” (Minn. Stat. § 176.151(c))

General rule of accrual: “Under § 15-1-49, a cause of action accrues when the plaintiff has knowledge of the injury, not knowledge of the injury and its cause.” Barnes ex rel. Estate of Barnes v. Koppers, Inc., 534 F .3d 357, 365 (5th Cir. 2008).

Discovery rule (latent injury): The discovery rule applies when an injury or disease is latent. Sweeney v. Preston, 642 So.2d 332, 333-34 (Miss. 1994). “In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered the injury.” Miss. Code Ann. § 15–1–49(2). See also Raddin v. Manchester Educ. Found. Inc., 175 So. 3d 1243, 1249 (Miss. 2015); Angle v. Koppers, Inc., 42 So. 3d 1, 5 (Miss. 2010).

Statute of limitations: Wrongful death claims (claims that did not arise until decedent’s death including loss of consortium, society and companionship, estate claims, and insurance subrogation claims) must be brought in one suit in which each claim is subject to its own statute of limitations.

General rule of accrual: The statute of limitations for wrongful death claims begins to run from the time of death.  Caves v. Yarbrough, M.D., 991 So. 2d 142, 149-50 (Miss. 2008).

Employer notification (occupational disease): “All provisions of this chapter apply equally to occupational diseases as well as injury.” (Miss. Code. Ann. § 71-3-3(b))

Filing a claim (injury): 2 years from date of injury (Miss. Code. Ann. § 71-3-35(1))

Filing a claim (death): 2 years from date of death (Miss. Code. Ann. § 71-3-35(1))

Filing a claim (occupational disease): “All provisions of this chapter apply equally to occupational diseases as well as injury.” (Miss. Code. Ann. § 71-3-3(b)) In latent injury cases, the statute of limitations begins to run when claimant knew or should have known that he or she incured a compensable injury or disability. Tabor Motor Co. v. Garrard, 233 So. 2d 811, 817 (Miss. 1970) [“The claim period begins to run from the time compensable injury becomes reasonably apparent.”]; Struthers Wells-Gulfport, Inc. v. Bradford, 304 So. 2d 645, 649 (Miss. 1974); City of Jackson v. Sandifer, 125 So.3d 681 (Miss. Ct. App. 2013).

General rule of accrual/discovery rule: “Civil actions, other than those for the recovery of real property, can only be commenced within the periods prescribed in the following sections after the causes of action shall have accrued; provided, that for the purposes of sections 516.100 to 516.370, the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.” (Mo. Rev. Stat. § 516.100)

No discovery rule: In Boland v. Saint Luke’s Health Sys., Inc., 471 S.W.3d 703, 710 (Mo. banc 2015), the court held no discovery rule could be applied to section 537.100 (“The language of section 537.100 is unambiguous, and this Court’s precedent is clear: the plaintiffs’ claims accrued at the decedents’ deaths, and section 537.100 does not provide for delayed accrual under these circumstances.”). See also Missouri ex rel. Beisly II v. Perigo, 469 S.W.3d 434, 444 (Mo. banc 2015) [“The cause of action still accrues at the decedent’s death, and the statute of
limitations beginsto run at that time.”]

Employer notification (occupational disease): Written notice 30 days after the diagnosis of the condition unless the employee can prove the employer was not prejudiced by failure to receive the notice (Mo. Rev. Stat. § 287.420)

Filing a claim (injury): 2 years from date of injury (Mo. Rev. Stat. § 287.430)

Filing a claim (death): 2 years from date of death (Mo. Rev. Stat. § 287.430)

Filing a claim (occupational disease resulting in injury): The statute of limitation in section 287.430 does not begin to run in cases of occupational disease until it becomes reasonably discoverable and apparent that an injury has been sustained related to such exposure (Mo. Rev. Stat. § 287.063(3))

Filing a claim (occupational disease resulting in death): The statute of limitation in section 287.430 does not begin to run in cases of occupational disease until it becomes reasonably discoverable and apparent that an injury has been sustained related to such exposure (Mo. Rev. Stat. § 287.063(3))

General rule of accrual: “‘The general rule in Montana is that a claim accrues and the limitation period begins to run when all elements of the claim exist or have occurred.’ Thieltgesv. Royal All. Assocs., 2014 MT 247, 376 Mont. 319, 334 P.3d 382 (citing § 27-2-102, MCA; Draggin’ Y Cattle Co. v. Addink, 2013 MT 319, 372 Mont. 334, 312 P.3d 451).” Martigan v. McAfee, 2020 MT 322N. “Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.” Section27-2-102(2).

Discovery rule: The statute of limitations “does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered. . . .” (Mont. Stat. Ann. § 27-2-102(3)). This exception may be applied if “the facts constituting the claim are by their nature concealed or self-concealing” or “the defendant has taken action which prevents the injured party from discovering the injury or its cause” before, during, or after the act causing the injury.” Section 27-2-102(3).

Genearl rule of accrual: Death is a necessary element in a wrongful death action under Montana law. A wrongful death action accrues at the time of the death, rather than on the date of the injury. Carroll v. W.R. Grace & Co., 252 Mont. 485, 830 P.2d 1253 (1992).

Discovery rule: A claim does not accrue under Montana law until “the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party.” Section 27-2-102(3), MCA.

Filing a claim (personal injury): 1 year from date of injury (Mont. Code Ann. § 39-71-601(1))

Filing a claim (death): 1 year from date of death (Mont. Code Ann. § 39-71-601(1))

Filing a claim (occupational disease resulting in injury): 1 year from the date claimant knew or should have known that claimant’s condition resulted from an occupational disease (Mont. Code Ann. § 39-71-601(3))

Filing a claim (occupational disease resulting in death): 1 year from the date that the beneficiary knew or should have known that the decedent’s death was related to an occupational disease (Mont. Code Ann. § 39-71-601(3))

General rule of accrual: In a negligence action, it is generally stated that the statute of limitations begins to run when the cause of action accrues. Berntsen v. Coopers Lybrand, 249 Neb. 904, 546 N.W.2d 310 (1996).

Discovery rule: Where an injury is not obvious and is neither discovered nor discoverable within the limitations period, the statute of limitations does not begin to run until the potential plaintiff discovers, or with reasonable diligence should have discovered the injury. Duffy v. Father Flanagan’s Boys’ Home, No. 8:03CV31, 2006 WL 208832, *3 (D.Neb. Jan. 26, 2006) (citing Shilen v. Board of Regents, 640 N.W.2d 643, 650-51 (Neb. 2002)).

Accrual: Date of death (Neb. Rev. Stat. § 30-810)

Filing a claim (personal injury): 2 years from the date of the accident (Neb. Rev. Stat. § 48-137)

Filing a claim (death): 2 years from the date of death (Neb. Rev. Stat. § 48-137)

Filing a claim (occupational disease): 2 years from the date of injury. (Neb. Rev. Stat. § 48-137) The date of injury for purposes of § 48–137 is the date upon which the accumulated effects of the disease manifest themselves to the point the injured worker is no longer able to render further service. Dawes v. Wittrock Sandblasting & Painting, Inc., 266 Neb. 526, 539, 667 N.W.2d 167, 182 (2003); Hull v. Aetna Ins. Co., 247 Neb. 713, 719, 529 N.W.2d 783, 788-789 (1995).

General rule of accrual: “The general rule concerning statutes of limitation is that a cause of action accrues when the wrong occurs and a party sustains injuries for which relief could be sought.” Peterson v. Bruen, 106 Nev. 271, 274, 792 P.2d 18, 20 (1990).

Discovery rule: The limitations period is tolled until the injured party discovers or reasonably should have discovered facts supporting a cause of action. Siragusa v. Brown, 114 Nev. Adv. 147, 971 P.2d 801 (1998). “A claim accrues when the plaintiff knows or has reason to know of the injury that is the basis of the action.” Knox v. Davis, 260 F.3d 1009, 1013 (9th Cir. 2001), quoting Two Rivers v. Lewis, 174 F.3d 97, 992 (9th Cir. 1999).

General rule of accrual: The limitations period under NRS 11.190(4)(e) begins to run “‘when the wrong occurs and a party sustains injuries for which relief could be sought.'” Fausto v. Sanchez-Flores, 137 Nev. Adv. Op. No. 11 (2021), quoting Petersen v. Bruen, 106 Nev. 271, 274, 792 P.2d 18, 20 (1990).

Discovery rule: The statute of limitations period is tolled “‘until the injured party discovers or reasonably should have discovered facts supporting a cause of action’.” Fausto v. Sanchez-Flores, 137 Nev. Adv. Op. No. 11, at fn 2 (2021), quoting Petersen v. Bruen, 106 Nev. 271, 274, 792 P.2d 18, 20 (1990).

Employer notification (death): 7 days after the accident (Nev. Rev. Stat. § 616C.015(1))

Employer notification (occupational disease not resulting in death): 7 days after employee has knowledge of the disability and its relationship to his or her employment. (Nev. Rev. Stat. § 617.342(1))

Employer notification (occupational disease resulting in death): 7 days after dependent has knowledge of the disability and its relationship to the employee’s employment (Nev. Rev. Stat. § 617.342(1))

Filing a claim (injury): 90 days after an accident if: (a) The employee has sought medical treatment for an injury arising out of and in the course of his or her employment; or (b) trseThe employee was off work as a result of an injury arising out of and in the course of his or her employment. (Nev. Rev. Stat. § 616C.020(1))

Filing a claim (death): 1 year after death (Nev. Rev. Stat. § 616C.020(2))

Filing a claim (occupational disease not resulting in death): 90 days after employee has knowledge of the disability and its relationship to his or her employment. (Nev. Rev. Stat. § 617.344(1))

Filing a claim (occupational disease resulting in death): 1 year after death (Nev. Rev. Stat. 617.344(2)

Accrual: The act or omission complained of (N.H. Rev. Stat. Ann. § 508:4)

Discovery rule: “Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of.” N.H. Rev. Stat. Ann. § 508:4.

Accrual: Date of death (N.H. Rev. Stat. Ann. § 508:4)

Employer notification (occupational disease): 2 years from date of injury (N.H. Rev. Stat. Ann. § 281-A:19) “For the purpose of determining the date of injury for an occupational disease, the date of injury shall be taken to be the last date of injurious exposure to the hazards of such disease or the date on which the employee first knew or reasonably should have known of the condition and its relationship to the employee’s employment, whichever is the later.” (N.H. Rev. Stat. Ann. § 281-A:16)

Filing a claim (injury): 3 years from date of injury (N.H. Rev. Stat. Ann. §§ 281-A:21-a) In cases where the nature of the injury and its possible relationship to the employment are not known to the employee, the time for filing a claim shall not begin to run until the earlier of the following: I. The date the employee knows, or by reasonable diligence should know, of the nature of the injury and its possible relationship to the employment; or II. In the event of death, the date any dependent knows, or by reasonable diligence should know, of the nature of the injury and its possible relationship to the employee’s employment. (N.H. Rev. Stat. Ann. §§ 281-A:21-a)

Filing a claim (death): 3 years from date of injury (N.H. Rev. Stat. Ann. §§ 281-A:21-a)

Filing a claim (occupational disease): 3 years from date of injury (N.H. Rev. Stat. Ann. §§ 281-A:21-a) “For the purpose of determining the date of injury for an occupational disease, the date of injury shall be taken to be the last date of injurious exposure to the hazards of such disease or the date on which the employee first knew or reasonably should have known of the condition and its relationship to the employee’s employment, whichever is the later.” (N.H. Rev. Stat. Ann. § 281-A:16)

Accrual: The date the cause of action arose (N.J. Stat. Ann. § 56:9-14)

Discovery rule (toxic tort): The accrual of a cause of action is postponed when a plaintiff does not and cannot know the facts that constitute an ationable claim.” Gunwald v. Bronkesh, 131 N.J. 483, 492 (1993). A party seeking to obtain the benefit of the so-called discovery rule must demonstrate by the preponderance of the evidence that it either knew nor should have known of the existence of the cause of the action or the party to be joined by the exercise of due diligence. See Yarchak v. Trek Bicycle Corp., 208 F. Supp.2d 470, 2002 U.S. Dist. LEXIS 11236 (D.N.J. 2002). The discovery rule has been applied in medical malpractice and product liability cases. Vispisiano v. Ashland Chem. Co., 107 N.J. 416, 527 A.D2 66, 72 (1987). In Vispisiano, the discovery rule was applied to a toxic tort case. Id.

Accrual: Date of death (N.J.S.A. § 2A:31-3)

No discovery rule: The discovery rule does not apply to toll the statute of limitations provision under New Jersey’s Wrongful Death Act. Fuqua  v.  Bristol-Meyers  SquibbCo., –F.Supp.2d–, 2013 WL 781615, at *5  (D.N.J.  2013).

Filing a claim (injury): 2 years from date of injury (N.J. Rev. Stat. § 34:15-51)

Filing a claim (death): 2 years from date of death (N.J. Rev. Stat. §§ 34:15-41, 34:15-51)

Filing a claim (occupational disease): 2 years after the date on which the claimant first knew the nature of the disability and its relation to the employment (N.J. Rev. Stat. § 34:15-34) Note – With certain exceptions, § 34:15-34 is not applied retroactively and can only be applied to employees no were no longer exposed to causes of occupational diseases defined in 34:15-31(a) after January 1, 1980. Id. Exceptions are made for employees with claims of asbestosis, radiation poisoning, siderosis, anthracosis, silicosis, mercury poisoning, beryllium poisoning, chrome poisoning, lead poisoning or any occupational disease having the same characteristics of the above enumerated diseases as subsequently determined by the National Institute for Occupational Safety and Health. Id.

Accrual/discovery rule: “[P]ersonal injury claims may accrue at the time of the occurrence, the time of injury, or the time of discovery.” Gerke v. Romero, 237 P.3d 111, 114 (N.M. Ct. App. 2010) (internal quotation marks and citation omitted). Plaintiff must make a reasonable inquiry or exercise some degree of diligence in discovering his or her injuries or damages. Szczuvelek v. Harborside Healthcare Woods Edge, 182 N.J. 275 (2005).

Accrual: Date of death (N.M.S.A. § 41-2-2)

No discovery rule: New Mexico courts have consistently refused to extend the period of limitations under the wrongful death statute. Lujan v. Regents of Univ. of CA., 69 F.3d 1511 (10th Cir. 1995).

Filing a claim (injury): If a worker has given notice to the employer under N.M. Stat. § 52-1-29, and the employer then fails to pay compensation to which the worker is entitled under the Workers’ Compensation Act, the worker may file a claim within 1 year after the employer’s failure to pay compensation. (N.M. Stat. § 52-1-31(A))

Filing a claim (death): 1 year after death (N.M. Stat. § 52-1-31(B))

Filing a claim (occupational illness not resulting in death): If a worker has given notice to the employer as required by N.M. Stat. § 52-3-19, and the employer fails to pay benefits to which the worker is entitled under the New Mexico Occupational Disease Disablement Law, the worker may file a claim as provided in the New Mexico Occupational Disease Disablement Law no later than 1 year after the employer’s failure to pay benefits. (N.M. Stat. § 52-3-16(A))

Filing a claim (occupational disease resulting in death): If a worker who would have been entitled to receive benefits under the New Mexico Occupational Disease Disablement Law dies, the deceased worker’s eligible dependents may file a claim for benefits under the New Mexico Occupational Disease Disablement Law (N.M. Stat. § 52-3-16(C)) so long as the deceased worker or someone on his behalf or on behalf of his eligible dependents has given notice in the manner and time required by N.M. Stat. § 52-3-19 and so long as the claim is filed within 1 year from the date of the worker’s death (N.M. Stat. § 52-3-16(E)).

Accrual/discovery rule: The limitations period begins to run on the earlier of two dates: (1) the date plaintiff discovered the injury; or (2) the date when through the exercise of reasonable diligence plaintiff should have discovered the injury (N.Y.C.P.L.R. § 214-c(2))

Discovery rule (latent injury due to exposure to toxic substances): § 214-c(2) applies to actions for personal injury caused by the latent effects of exposure to any substance. Di Marco v. Hudson Valley Blood Services, 147 A.D.2d 156 (1st Dept. 1989) A cause of action for personal injury based on the expsoure to toxic substances accrues when the injury becomes apparent, not when the cause of the injury is identified. Karnath v. Bldg. New Lifestyles, Ltd., 146 AD3d 765, 767 (2d Dept. 2017).

Extension of the discovery rule under two conditions: An action can be commenced within 1 year of the discovery of the cause of the injury where: (1) the cause of the injury was discovered less than 5 years after the injury was discovered; or (2) the cause of the injury was discovered less than 5 years after the date when with reasonable diligence the injury should have been discovered. (N.Y.C.P.L.R. § 214-c(4))

Special rule for personal injury claims based on exposure to substances from Superfund sites: Claims can be brought within the period allowed under § 214-c or within 3 years of the designation of the site as a Superfund site, whichever is later (N.Y.C.P.L.R. § 214-f)

Accrual: Date of death (N.Y. Est. Powers & Trusts Law § 5-4.1)

Employer notification (death): 30 days after death (NY Work Comp L § 18)

Employer notification (occupational disease): 2 years after the disablement or after the  claimant  knew  or  should have  known  that  the  disease  is due to the nature of the employment, whichever is the later date (NY Work Comp L § 45)

Filing a claim (injury): 2 years from the date of accident causing injury (NY Work Comp L § 28)

Filing a claim (death): 2 years from date of death (NY Work Comp L § 28)

Filing a claim (occupational illness): 2 years after the disablement and after the claimant knew or should have known that the disease is or was due to  the  nature of  the  employment. (NY Work Comp L § 28) See also Hastings v. Fairport Cet. School Dist., 710 N.Y.S.2d 455 (3d Dep’t 2000); Grainero v. Northern Westchester Hosp., 695 N.Y.S.2d 762 (3d Dep’t 1999). This limitations period applies to “occupational illness including but not limited to compressed air illness or its sequelae, silicosis or other dust disease, latent or delayed pathological bone, blood or lung changes or malignancies due to occupational exposure to or contact with arsenic, benzol, beryllium, zirconium, cadmium, chrome, lead or fluorine or to exposure to x-rays, radium, ionizing radiation, radioactive  substances, or any other chemical compound.” (NY Work Comp L § 28)

Discovery rule and rule of repose: A cause of action accrues when bodily harm becomes apparent or reasonably should have become apparent to the claimant, whichever occurs first, but no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action. N.C.Gen.Stat. § 1-52(16). It is settled that disease is not a latent injury. Wilder v. Amatex Corp., 336 S.E.2d 66, 70-71 (N.C. 1985). For a disease, the legal injury and awareness of that injury occur simultaneously at diagnosis. Id.

Exception to rule of repose for personal injury caused by contaminated groundwater: “The 10-year period set forth in G.S. 1-52(16)  shall  not  be  construed  to  bar  an  action  for  personal  injury . . . caused or contributed to by . . . the consumption, exposure, or use of water supplied  from  groundwater  contaminated  by  a  hazardous  substance,  pollutant,  or contaminant.” N.C.Gen.Stat. § 130A-26.3. For purposes of this section, “contaminated by a hazardous substance, pollutant, or contaminant” means the concentration of the hazardous substance, pollutant, or contaminant exceeds a groundwater quality standard set forth in 15A NCAC 2L .0202. Id. This amendment applies to actions “filed, arising, or pending” on or after June 20, 2014.

Accrual: Date of death (N.C.G.S.A. § 1-53(4))

Employer notification (death): 30 days of death (N.C. Gen. Stat. § 97-22)

Employer notification (occupational diseases other than asbestosis, silicosis or lead poisoning): 30 days from date employee was advised of the occ. disease by competent medical authority (N.C. Gen. Stat. § 97-22, 97-58(b))

Filing a claim (injury): 2 years after the accident (N.C. Gen. Stat. § 97-24)

Filing a claim (death not caused by radiation): 2 years after death (97-58(c))

Filing a claim (death caused by radiation): 2 years after the date the employee first suffered incapacity from exposure to radiation and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his or her present or prior employment. (N.C. Gen. Stat. § 97-58(c))

Filing a claim (occupational disease not caused by radiation that results in disability or disablement): 2 years after disability or disablement (N.C. Gen. Stat. § 97-58(c)) but in no event shall the time for filing a claim be less than that provided in § 97-24 for filing a claim for an injury by accident. (N.C. Gen. Stat. § 97-24(a))

Filing a claim (occupational disease caused by radiation that results in injury or disability): 2 years after date employee first suffered incapacity and knew or in the exercise of reasonable diligence should have known the occupational disease was caused by employment. (N.C. Gen. Stat. § 97-58(c))

Filing a claim (occupational disease not caused by radiation that results in death): 2 years after death (97-58(b))

Accrual: Generally, the statute of limitations begins to run from the commission of the wrongful act giving rise to the cause of action. Osland v. Osland, 442 N.W.2d 907, 908 (N.D. 1989).

Discovery rule(generally): “To determine the point at which any statute of limitations begins to run, North Dakota applies the discovery rule.” Iverson v. Lancaster, 158 N.W.2d 507 (N.D. 1968). The limitations period doesn’t begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists. BASF Corp. v. Symington, 512 N.W.2d 692, 695 (N.D. 1994); Peterson v. Huso, 552 N.W.2d 83 (N.D. 1996).

Discovery rule (latent injury): When a case involves a latent injury, the discovery rule determines when the cause of action accrues. Erickson v. Scotsman, Inc., 456 N.W.2d 535 (N.D.1990).

Accrual: Ordinarily, the statute of limitations commences to run from the commission of a wrongful act giving rise to the cause of action. See Fox v. Higgins, 149 N.W.2d 369 (N.D.), cert. denied, 389 U.S. 873, 88 S. Ct. 160, 19 L. Ed. 2d 153 (1967).

Discovery rule: “To determine the point at which any statute of limitations begins to run, North Dakota applies the discovery rule.” Iverson v. Lancaster, 158 N.W.2d 507 (N.D. 1968). The limitations period doesn’t begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists. BASF Corp. v. Symington, 512 N.W.2d 692, 695 (N.D. 1994); Peterson v. Huso, 552 N.W.2d 83 (N.D. 1996).

Employer notification (occupational disease): North Dakota’s Workers Compensation statute does not contain specific provisions for occupational diseases or latent illness. A “compensable injury” is defined as “[a] [d]isease caused by a hazard to which an employee is subjected in the course of employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. Disease includes effects from radiation.” (N.D. Lab. & Em. Code § 65-01-02(11)(a)(1))

Filing a claim (injury): 1 year from date of injury (N.D. Lab. & Em. Code §§ 65-05-01) The date of injury is the first date that a reasonable person knew or should have known that the employee suffered a work-related injury and has either lost wages because of a resulting disability or received medical treatment. (N.D. Lab. & Em. Code § 65-05-01)

Filing a claim (death): 2 years after death (N.D. Lab. & Em. Code § 65-05-01)

Filing a claim (occupational disease): North Dakota’s Workers Compensation statute does not contain specific provisions for occupational diseases or latent illness. A “compensable injury” is defined as “[a] [d]isease caused by a hazard to which an employee is subjected in the course of employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. Disease includes effects from radiation.” (N.D. Lab. & Em. Code § 65-01-02(11)(a)(1))

Accrual/discovery rule (bodily injury caused by exposure to hazardous or toxic chemicals): The statute of limitations “accrues upon the date on which the plaintiff is informed by a competent medical authority that the plaintiff has an injury that is related to the exposure, or upon the date on which by the exercise of reasonable diligence the plaintiff should have known that the plaintiff has an injury that is related to the exposure, whichever date occurs first.” (O.R.C.A. § 2305.10(B)(1))

Accrual/discovery rule (latent injury): A cause of action for a latent injury accrues on the day “the plaintiff is informed by a competent medical authority that he has been injured,” or the day the plaintiff should have become aware that he had been injured, by the exercise of reasonable diligence. Schmitz v. Nat’l Collegiate Athletic Ass’n., No. 2018-Ohio-4391, slip op. at 7 (Ohio Oct. 31, 2018)) The statute of limitations generally begins to run when the plaintiff knows or should have known, by the exercise of reasonable diligence, that he has suffered an injury. Id.

Accrual: Date of death (Ohio Rev. Code Ann. § 2125.02)

Discovery rule: The discovery rule can be applied to toll wrongful death claims until plaintiffs know of the death and also know that it was wrongful. Collins v. Sotka, 81 Ohio St. 3d 506, 692 N.E.2d 581 (1998).

Notice of death: 1 year after death (Ohio Rev. Code § 4123.84(A))

Application (occupational injury not resulting in death): 2 years after the disability due to the disease began or “within such longer period as does not exceed six months after diagnosis of the occupational disease by a licensed physician.” (Ohio Rev. Code § 4123.85)

Application (occupational disease resulting in death): 2 years after death (Ohio Rev. Code § 4123.85)

Accrual: A cause of action accrues when a litigant first could have maintained his or her cause of action. MBA Commercial Const., Inc. v. Roy J. Hannaford Co., 1991 OK 87, 818 P.2d 469, 473 (Okla. 1991).

Discovery rule: The limitations period is tolled until the injured party knows or, in the exercise of reasonable diligence, should have known of the injury. Delashaw v. Tyson Foods, Inc., 100 Fed. App’x 762 (10th Cir. 2004); Samuel Roberts Noble Found., Inc. v. Vick, 1992 OK 140, 840 P.2d 619 (Okla. 1992);  Reynolds v. Porter, 1988 OK 88, 760 P.2d 816, n. 8 (Okla. 1988).

Discovery rule (occupational injury from the cumulative effect of an allegedly harmful product): In Williams v. Borden, Inc., 637 F2d 731, 734 (10th Cir. 1980) [Oklahoma courts would find that the statute of limitations  does not begin to run until the plaintiff knows, or as a reasonably prudent person should know, that he has the condition for which his action is brought and that the defendant caused it.]

Accrual: Date of death (Okla. Stat. Ann. Tit. 12-1053(A))

Employer notification (occupational disease not resulting in death): 6 months after the first distinct manifestation of the disease (85A OK Stat. § 67(B))

Employer notification (occupational disease resulting in death): 6 months after death (85A OK Stat. § 67(B))

Filing a claim (injury): 1 year from date of injury (85A OK Stat. § 69(A)(1)) A latent injury or condition shall not delay or toll the limitation periods specified in this section (85A OK Stat. § 69(D))

Filing a claim (death): 2 years from date of death (85A OK Stat. § 69(A)(3))

Filing a claim (occupational disease): 2 years from the date of the last injurious exposure to the hazards of the disease or infection (85A OK Stat. § 69(A)(2)(a))

Filing a claim (asbestosis or silicosis): 1 year after disablement, and the disablement shall occur within 3 years from the date of the last injurious exposure to the hazard of silicosis or asbestosis (85A OK Stat. § 69(A)(2)(b))

Filing a claim (disease condition caused by exposure to x-rays, radioactive substances, or ionizing radiation): 2 years from the date the condition is made known to an employee following examination and diagnosis by a medical doctor (85A OK Stat. § 69(A)(2)(c)

Accrual/discovery rule: The limitations period begins to run from the earlier of (1) the date the plaintiff actually discovers the injury or (2) the date when the plaintiff, exercising reasonable care, should have discovered the injury, including learning facts that an inquiry would have disclosed.” Greene  v.  Legacy  Emanuel  Hospital, 335 Or 115, 123, 60 P3d 535 (2002). A plaintiff discovers an “injury” when he knew, or reasonably should have known, of the existence of three elements: (1) harm, (2) causation, and (3) tortious conduct. Padrick v. Lyons, 372 P.3d 528, 535 (Ore. Ct. App. 2016).

Statute of ultimate repose (negligent injury to person): A negligent action must be commenced within 10 years after the negligent act. O.R.S. § 12.115(1). “In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of.” Id.

Accrual: Date of death (O.R.S. § 30.020(1))

Note – “ORS 30.020 provides both a limitations period within which a wrongful death action may be commenced and a period of ultimate repose beyond which no wrongful death action may be brought.” Kambury Estate Kambury v. AG, 981208378;  CA A107705) (Court of Appeals of Oregon 2001).

Statute of ultimate repose: Statute of ultimate repose (negligent injury to person): § 30.020(2)(a) allows suit to be filed within the stuate of ultimate repose for § 12.110

Employer notification (death): Immediately but not later than 90 days after the accident resulting in death (Or.Rev.Stat. § 656.265(1)) If the worker fails to provide proper notice within 90 days, the worker may still file a claim within 1 year from the date of injury if the employer has knowledge of the injury, if the worker dies within 180 days of the injury, or if the worker or beneficiary had good cause for late notice (O.R.S.§ 656.265(4))

Filing a claim (injury): If the worker fails to provide proper notice within 90 days, the worker may still file a claim within 1 year from the date of injury if the employer has knowledge of the injury, if the worker dies within 180 days of the injury, or if the worker or beneficiary had good cause for late notice (O.R.S. § 656.265(4))

Filing a claim (occupational disease not resulting in death): 1 year from the date the worker first discovered, or in the exercise of reasonable care should have discovered, the occupational disease; or 1 year from the date the claimant becomes disabled or is informed by a physician that the claimant is suffering from an occupational disease. (O.R.S. § 656.807(1))

Filing a claim (occupational disease resulting in death): 1 year from the date that the worker’s beneficiary first discovered, or in the exercise of reasonable care should have discovered, that the cause of the worker’s death was due to an occupational disease (O.R.S. § 656.807(2))

Accrual: Generally speaking, that statute of limitations begins to run when the injury is inflicted. Fine v. Checcio, 582 Pa. 253 (2005), citing Ayers v. Morgan, 397 Pa. 282, 154 A.2d 788, 791 (1959).

Discovery rule: Plaintiff may commence an action even after the statute of limitations expired if plaintiff was reasonably unaware, despite due diligence, that his injuries were caused by another’s wrongdoing. Gleason v. Borough of Moosic, 15 A.3d 479, 484 (Pa. 2011); Fine v. Checcio, 870 A.2d 850 (Pa. 2005). “The discovery rule tolls the accrual of the statute of limitations when a plaintiff is unable, ‘despite the exercise of due diligence, to know of the injury or its cause.'” Mest v. Cabot Corp., 449 F.3d 502, 510 (3d Cir. 1985), quoting Pocono Int’l Raceway, Inc. v. Pocono Produce, Inc., 468 A.2d 468, 471 (Pa. 1983).

Discovery rule (latent injury): The discovery rule is often applied in latent disease cases where a plaintiff is unable to discover his or her injury until several years after the tort occurred. Cathcart v. Keene Indus.  Insulation, 324 Pa.Super. 123, 471 A.2d 493, 500 (1984).

Statute of limitations: 2 years (42 Pa.C.S. § 5524(2))

Accrual: Date of death. Wygant v. General Electric Co., 113 A.D.3d 310 (Pa. Super. Ct. 2015)

Discovery rule: The discovery rule applies to wrongful death actions. McGowan v. University of Scranton, 759 F.2d 287, 297 (3d Cir.1985). statute of limitations under wrongful death and survival act statutes may be tolled when a plaintiff is unable, despite exercise of due diligence, to determine the cause of decedent’s death. Id.

Employer notification (injury resulting from ionizing radiation or any other cause in which the nature of the injury or its relationship to the employment is not known to the employee): The time for giving notice does not begin to run until employee knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to his or her employment. (77 Pa. Cons. Stat. § 631) The term “injury” in this section means disability resulting from occupational disease. (77 Pa. Cons. Stat. § 631)

Filing a petition (injury): 3 years from date of injury (77 Pa. Cons. Stat. § 602)

Filing a petition (death): 3 years from date of death (77 Pa. Cons. Stat. § 602)

Filing a petition (occupational disease not resulting in death): 3 years from date of injury (77 Pa. Cons. Stat. § 602) However, the injury or disability resulting from an occupational disease is compensable only if it occurred within 300 weeks after the last date of employment in an occupation or industry in which employee was exposed to the hazards of the disease. (77 P.S. §411(2))

Filing a petition (occupational disease resulting in death): 3 years from date of death (77 Pa. Cons. Stat. § 602) However, death resulting from an occupational disease is compensable only if it occurred within 300 weeks after the last date of employment in an occupation or industry to which the employee was exposed to the hazards of the occupational disease. If the employee’s compensable disability occurred within such period, the subsequent death as a result of the disease is likewise compensable. (77 P.S. §411(2))

Filing a petition (injury resulting from ionizing radiation) (discovery rule applies): The time for filing a claim does not begin to run until employee knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to his or her employment. (77 Pa. Cons. Stat. § 602) The term “injury” in this section means, in cases of occupational disease, disability resulting from occupational disease. Id.

Accrual: Time of injury. Soares v. Ann & Hope of Rhode Island, Inc., 637 A.2d 339, 352-53 (R.I. 1994).

The discovery rule has limited application: Rhode Island’s discovery rule replaces the time of injury with the time “an injury or some wrongful conduct should have, in the exercise of reasonable diligence, been discovered.” Renaud v. Sigma-Aldrich Corp., 662 A.2d 711, 715 (R.I. 1995). Rhode Island has confined the application of the discovery rule to strict products liability actions for damage to personal property, actions for damage to real property, and strict products liability actions against drug manufacturers. Santanelli v. Remington Arms Co., C.A. No. 11-0245-S (D.R.I. Nov. 30, 2011), citing Benner v. J.H. Lynch & Sons, Inc., 641 A.2d 332, 337 (R.I. 1994); Lee v. Morin, 469 A.2d 358 (R.I. 1983); Anthony v. Abbott Labs., 490 A.2d 43 (R.I. 1985) [drug products liability]. The discovery rule does not apply to a personal injury case with a readily and immediately apparent injury from a cause that could have been uncovered with reasonable diligence. Id.

Accrual: Date of death (R.I.G.L. § 10-7-1)

Discovery rule (if the wrongful act, neglect or default causing death is not known at the time of death): “With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three (3) years of the time that the wrongful act, neglect or default is discovered or, in the exercise of reasonable diligence, should have been discovered.” (R.I.G.L. § 10-7-2)

Employer notification (occupational disease not resulting in death): 90 days after disablement (Rhod. Rev. Stat. § 28-34-9) The date of disablement for an occupational disease is the date of partial or total incapacity to work as a result of the disease. (Rhod. Rev. Stat. § 28-34-6)

Employer notification (occupational disease resulting in death): 90 days after disablement (R.I.G.L. § 28-34-9) The date of disablement for an occupational disease is the date of partial or total incapacity to work as a result of the disease. (R.I.G.L. § 28-34-6)

Filing a claim (injury): 2 years after the occurrence or manifestation of the injury or incapacity (R.I.G.L. § 28-35-57(a))

Filing a claim (death): 2 years after death (§ 28-35-57(a))

Filing a claim (occupational disease not resulting in death): 2 years from date of disablement (R.I.G.L. § 28-34-4) The date of disablement for an occupational disease is the date of partial or total incapacity to work as a result of the disease. (Rhod. Rev. Stat. § 28-34-6)

Filing a claim (occupational disease resulting in death): 2 years from date of disablement (R.I.G.L. § 28-34-4) The date of disablement for an occupational disease is the date of partial or total incapacity to work as a result of the disease. (Rhod. Rev. Stat. § 28-34-6)

Accrual: The statute of limitations begins to run at the time of injury or damage. Gray v. Southern Facilities, 256 S.C. 558, 183 S.E.2d 438 (1971) [“a negligent act is not in itself actionable and only becomes such when it results in injury or damage to another”]

Discovery rule: S.C. Code Ann. § 15-3-535 provides: “Except as to actions initiated under Section 15-3-545 [medical malpractice], all actions initiated under Section 15-3-530(5) [includes actions for any injury to the person or rights of another not arising on contract and not enumerated by law] must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action. must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action.”

Discovery rule (latent disease in a products liability action): See Collins v. RJ Reynolds Tobacco Co., 901 F. Supp. 1038 (D.S.C. 1995) [Plaintiff’s personal injury action accrued on that date he was aware of his diagnosis of emphysema and was also aware that his injury might be related to his smoking.]

Accrual: Date of death (S.C. Code Ann. § 15-3-530(6))

Filing a claim (accident): 2 years after the accident (S.C. Code Ann. § 42-15-40)

Filing a claim (death): 2 years after death (S.C. Code Ann. § 42-15-40)

Filing a claim (occupational disease not resulting in death): Disablement resulting from occupational disease is treated as an injury by accident (S.C. Code Ann. § 42-11-40) so a claim must be filed within 2 years of the accident. (S.C. Code Ann. § 42-15-40). With the exception of employees with pulmonary disease from inhalation of organic or inorganic dust, an employee is entitled to compensation unless the occupational disease was contracted within 1 year after the last exposure to the hazard peculiar to his employment that caused the disease. (S.C. Code Ann. § 42-11-70)

Filing a claim (occupational disease resulting in death): Death resulting from occupational disease is treated as an injury by accident (S.C. Code Ann. § 42-11-40) so a claim must be filed within 2 years of the acccident. (S.C. Code Ann. § 42-15-40). With the exception of employees with pulmonary disease from inhalation of organic or inorganic dust, an employee is entitled to compensation unless the occupational disease was contracted within 1 year after the last exposure to the hazard peculiar to his employment that caused the disease. (S.C. Code Ann. § 42-11-70)

Filing a claim (exposure to ionizing radiation resulting in injury): The time for filing a claim does not begin to run until (1) the time employee sustains the injury or disability; and (2) the time that employee knows or by the exercise of reasonable diligence should know of the existence of the injury or disability and its possible relationship to his or her employment. (S.C. Code Ann. § 42-13-60)

Filing a claim (exposure to ionizing radiation resulting in death): The time for filing a claim does not begin to run until the person entitled to file the claim knows, or by the exercise of reasonable diligence should know, the possible relationship of the death to the employment. (S.C. Code Ann. § 42-13-60)

Accrual: The date of the occurrence of the tortious conduct. Baye v. Diocese of Rapid City, 630 F.3d 757 (8th Cir. 2011)

No discovery rule: “South Dakota law is clear that no discovery rule applies to delay the running of a statute of limitations unless there has been explicit statutory authorization to that effect. [citations omitted]” Baye v. Diocese of Rapid City, 630 F.3d 757 (8th Cir. 2011). S.D.C.L. § 15-2-14(3) does not provide explicit language delaying the running of the statute of limitations. Id.

Accrual: Death of deceased person (S.D.C.L. § 21-5-3)

No discovery rule: “South Dakota law is clear that no discovery rule applies to delay the running of a statute of limitations unless there has been explicit statutory authorization to that effect. [citations omitted]” Id. S.D.C.L. § 21-5-3 does not contain such explicit language. Id.

Employer notification (exposure to ionizing radiation resulting in incapacity): 1 year after date upon which employee first suffered incapacity and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by the employee’s present or prior employment  (S.D.C.L. § 62-8-30)

Filing a petition (disability): 2 years after claimant becomes disabled (S.D.C.L. § 62-8-11)

Filing a petition (death): 2 years of date of death (S.D.C.L. § 62-8-11)

Filing a petition (occupational disease resulting in disability): 6 months after employment has ceased (S.D.C.L. § 62-8-29)

Filing a petition (occupational disease resulting in death): 90 days after death (S.D.C.L. § 62-8-29)

Filing a petition (exposure to ionizing radiation resulting in incapacity): 1 year after the date upon which employee first suffered incapacity and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by the employee’s present or prior employment (S.D.C.L. § 62-8-30)

Accrual/discovery rule: The statute of limitations begins to run when the injury occurs, is discovered or when in the exercise of reasonable care and diligence should have been discovered. Mills v. Booth, 344 S.W.3d 922, 927 (Tenn. Ct. App. 2010). It is not required that plaintiff know the full extent of his or her damages or the specific type of legal claim he or she has. The limitations period begins when plaintiff has actual knowledge of facts sufficient to put a reasonable person on notice that he or she has suffered an injury as a result of wrongful conduct. Spates v. Howell, 420 S.W.3d 776, 781-82 (Tenn. Ct. App. 2013); see also Terry v. Niblack, 979 S.W.2d 583, 586 (Tenn. 1998); Haywood v. Trexis Insurance Corp., No. W2020-00418-COA-R3-CV (Tenn. Ct. App. April 12, 2021).

Discovery rule (latent injury): The discovery rule protects a plaintiff suffering from latent injuries by delaying the commencement of the statute of limitations period until plaintiff knows, or reasonably should know, enough information concerning his or her injuries to bring a claim. Putnam v. John W. Leach Administrator Ad Litem, No. W2017-00728-COA- R3-CV, 2017 WL 5224227, *6 fn. 9 (Tenn. Ct. App. Jan. 18, 2018).

Discovery rule: “The statute of limitations begins to run when the plaintiff knows or in the exercise of reasonable care and diligence should know that an injury has been sustained as a result of wrongful or tortious conduct by the defendant. It is knowledge of facts sufficient to put a plaintiff on notice that an injury ha been sustained which is crucial. Such knowledge includes not only an awareness of the injury, but also the tortious origin or wrongful nature of that injury.” Shadrick v. Coker, 963 S.W.2d 726, 733-34 (Tenn. 1998) (citations and internal quotations omitted).

Employer notification (injury occurring as the result of gradual or cumulative events or trauma): 30 days after the employee: (1) knows or reasonably should know that the employee has suffered a work-related injury that has resulted in permanent physical impairment;  or (2) is rendered unable to continue to perform the employee’s normal work activities as the result of the work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities. (Tenn. Code Ann. § 50-6-201(b))

Employer notification (occupational disease): 30 days after the first distinct manifestation of an occupational disease (Tenn. Code Ann. § 50-6-305(a)) This section is not applicable to asbestos-related disease or coal worker’s pneumoconiosis. Id.

Filing a claim (injury): 1 year after the accident resulting in injury (Tenn. Code Ann. § 50-6-203(1))

Filing a claim (death): 1 year from the fatal accident causing the death (Tenn. Code Ann. § 50-6-203(1))

Filing a claim (occupational disease not resulting in death): The date when the incapacity for work resulting from an occupational disease began (Tenn. Code Ann. § 50-6-306(a))

Filing a claim (occupational disease resulting in death): The date that death resulted from the occupational disease (Tenn. Code Ann. § 50-6-306(a))

Accrual: The accrual date in section 16.003(a) is not defined by statute. Childs v. Haussekker, 974 S.W.2d 31 (Tex. 1998).

Discovery rule: A claim accrues when plaintiff knew or in the exercise of reasonable diligence should have known of the wrongful act and resulting injury. Schlumberger Tech. Corp. v. Pasko, 544 S.W.3d 830 (Tex. 2018); S.V. v. R.V., 933 S.W.2d 1, 4 (Tex. 1996).

Discovery rule (latent occupational disease): “The discovery rule for latent occupational disease is reserved for ‘injuries [that] often do not manifest themselves for two or three decades following exposure to the hazardous substance’ (ex. asbestos, causing mesothelioma). … In these cases, accrual is deferred until ‘a plaintiff’s symptoms manifest themselves to a degree or for a duration that would put a reasonable person on notice that he or she suffers from some injury and he or she knows, or in the exercise of reasonable diligence should have known, that the injury is likely work-related.’ Childs v. Haussecker, 974 S.W.2d 31, 40 (Tex. 1998).” Schlumberger Tech. Corp. v. Pasko, 544 S.W.3d 830 (Tex. 2018).

Accrual: A wrongful death cause of action accrues on the death of the injured person. Tex. Civ. Prac. & Rem. Code § 16.003(b).

Discovery rule (injuries not discoverable at time of death): The discovery rule applies only to inherently undiscoverable injuries. Barker v. Eckman, 213 S.W.3d 306, 312 (Tex. 2006). It does not apply to a wrongful death claim that arises from injuries generally discoverable at the time of death. Bros. v. Gilbert, 950 S.W.2d 213, 216 (Tex. App.—Eastland 1997, pet. denied).

Employer notification (injury): 30 days from date of injury (Texas Labor Code § 409.001(a)(1))

Employer notification (occupational disease resulting in injury): 30 days after the employee knew or should have known that the injury may be related to the employment (Texas Labor Code § 409.001(a)(2))

Filing a claim (injury): 1 year from the date of injury (Texas Labor Code § 409.003(1))

Filing a claim (death): 1 year from the date of death (Texas Labor Code § 409.007)

Filing a claim (occupational disease not resulting in death): 1 year from the date the employee knew or should have known that the disease was related to the employee’s employment (Texas Labor Code § 409.003(2))

Discovery rule: The statute of limitations is tolled “until the discovery of facts forming the basis for the cause of action.” Myers v. McDonald, 635 P.2d 84, 86 (Utah 1981). “We apply the discovery rule only when required by statute, when a defendant has affirmatively concealed a plaintiff’s cause of action, or when exceptional circumstances exist.” Snow v. Rudd, 2000 UT 20, 998 P.2d 262 (Utah 2000). The discovery rule can apply in a tort action. Klinger v. Kightly, 791 P.2d 868 (Utah 1990). Whether to apply the discovery rule is a question of law. Id. A balancing test is used to evaluate whether the application of the discovery rule would be irrational or unjust. Id. The discovery rule has been applied where the legislature has adopted the discovery rule by statute; there is proof of concealment or misleading by the defendant; and application of the general statute of limitation rule would be irrational or unjust. Id.

Accrual: Death of decedent (U.C.A. § 78B-2-304)

Discovery rule: Applied in “exceptional” circumstance where plaintiffs didn’t know of decedent’s death until after the statute of limitations expired. Myers v. McDonald, 635 P.2d 4 (1981).

Notify employer (occupational disease): Promptly (U.C.A. § 34A-3-108(1)) and within 180 days after the cause of action arises (U.C.A. § 34A-3(2)(a)). The cause of action is considered to arise on the date the employee first suffered disability from the occupational disease and knew, or in the exercise of reasonable diligence should have known, that the occupational disease was caused by employment. (U.C.A. § 34A-3-108(2)(b))

Filing a claim (injury): 6 years from the date of the accident (U.C.A. § 34A 2-417(2)(a)(i))

Filing a claim (death): 1 year after date of death (U.C.A. § 34A 2-417(3))

Filling a claim (occupational disease not resulting in death): 6 years after the date the employee’s cause of action arises (U.C.A. § 34A-3-109(2)(a)). The cause of action is considered to arise on the date the employee first suffered disability from the occupational disease and knew, or in the exercise of reasonable diligence should have known, that the occupational disease was caused by employment. (U.C.A. § 34A-3-108(2)(b))

Filing a claim (occupational disease resulting in death): 1 year after the date that deceased employee’s dependents knew, or in the exercise of reasonable diligence should have known, that the employee’s death was caused by an occupational disease (U.C.A. § 34A-3-109(3)(a))

Accrual: “The cause of action shall be deemed to accrue as of the date of the discovery of the injury.” Cavanaugh v. Abbott Laboratories, 145 Vt. 516, 521, 496 A.2d 154, 158 (1985). “The date of accrual under the statute of limitations seeks to identify the point at which a plaintiff should have discovered the basic elements of a cause of action:  an injury caused by the negligence or breach of duty of a particular defendant.” Earle v. State, 170 Vt. 183, 193, 743 A.2d 1101, 1108 (1999).

Discovery rule: “[T]he limitations clock does not begin running until the plaintiff knows or should know of the injury and cause.” State v. Atlantic Richfield Company, 2016 VT 61 (2016).

Statute of repose for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development: “An action to recover for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development shall be commenced within three years after the person suffering the injury has knowledge or ought reasonably to have knowledge of having suffered the injury and of the cause thereof, but in no event more than 20 years from the date of the last occurrence to which the injury is attributed.” 12 V.S.A. § 518(a).

No discovery rule: The discovery rule does not apply to wrongful death actions. The time for 14 V.S.A. § 1492 is based on the occurrence of death and does not toll or accrue upon later discoveries. Leo v. Hillman, 164 Vt. 94, 97–100 (1995).

Filing a claim (injury): 6 months after the date of injury. (21 V.S.A. § 656(a)) The date of the injury is the point in time when the injury or disease, and its relationship to the employment is reasonably discoverable and apparent. (21 V.S.A. § 656(b))

Filing a claim (death): 6 months after death (21 V.S.A. § 656(a))

Filing a claim (occupational disease): 2 years after the date when the occupational disease is reasonably discoverable and apparent (21 V.S.A. § 660)

Accrual (generally): Date of injury (Va. Code § 8.01-230)

Discovery rule: Statutory exceptions to the statute of limitations are made for foreign objects left in the body, fraud, negligent failure to diagnose a malignant tumor, and incapacitation. (Va. Code §§ 8.01-229 and 8.01-243)

Statutory discovery rule (latent injury from exposure to substances): A cause of action accrues when the person knew or should have known of the injury and its causal connection to an injury-causing substance or product. Latent injuries are injuries that remain dormant or do not develop and are therefore undiagnosable during the period of limitations set forth in § Va. Code § 8.01-243(A). (Va. Code § 8.01-249(4)(a))

Discovery rule (latent disease): The cause of action accrues on the date a plaintiff develops the disease, not on the date of exposure. Gary Adams v. American Optical Corporation, 19-1609 (4th Cir. Nov. 5, 2020); Locke v. Johns Manville Corp., 275 S.E.2d 900, at 904-06 (Va. 1981).

Accrual: Date of death (Va. Code § 8.01-244)

Tolling: “If a person entitled to bring a personal action dies with no such action pending before the expiration of the limitation period for commencement thereof, then an action may be commenced by the decedent’s personal representative before the expiration of the limitation period … or within one year after his qualification as personal representative, whichever occurs later.” (Va. Code § 8.01-229(B)).

Employer notification (death): As soon as practicable (Va. Code § 65.2-600(A)) and within 30 days after death (Va. Code § 65.2-600(D))

Filing a claim (injury): 2 years from date of accident (Va. Code § 65.2-601)

Filing a claim (death): 2 years from date of death (Va. Code § 65.2-601)

Filing a claim (occupational disease not resulting in death): 2 years after a diagnosis of the disease is first communicated to the employee or within five years from the date of the last injurious exposure in employment, whichever first occurs (Va. Code § 65.2-406(A)(6))

Filing a claim (occupational disease resulting in death except for certain occupational diseases including radium disability or disability due to exposure to radioactive substances and X-rays): 3 years after death (Va. Code § 65.2-406(B))

Filing a claim (certain occupational diseases including radium disability or disability due to exposure to radioactive substances and X-rays): The 3-year limitation of Va. Code § 65.2-406(B) does not apply. (Va. Code § 65.2-406(B))

Accrual: “The general rule in ordinary personal injury actions is that a cause of action accrues at the time [of] the act or omission.” In re Estates of Hibbard, 118 Wn.2d 737, 744. 26 P.2d 690 (1992

Discovery rule: The discovery rule applies to “’claims in which plaintiffs could not have immediately known of their injuries.’” Dezihan v. State, 492 P.3d 173 (2021), quoting In re the Estates of Hibbard, 118 Wn.2d at 749. A cause of action accrues at the time the plaintiff knew or should have known all of the essential elements of the cause of action [White v. Johns-Manville Corp., 103 Wn. 2d 344, 348, 693 P.2d 687 (1985)] and has the right to apply to a court for relief [Haslund v City of Seattle, 86 Wn.2d 607, 619 (1976).

Discovery rule (personal injuries arising from exposure to toxic substances): In Green v. A.P.C., 136 Wn.2d 87, 100, 960 P.2d 912 (1998), the discovery rule was extended to cover personal injuries arising from exposure to toxic substances where there was no evidence that the plaintiff should have known their injury existed more than three years before filing suit.

Accrual: A cause of action accrues when plaintiff discovered or reasonably should have discovered all essential elements of a cause of action. Ohler v. Tacoma Gen. Hosp., 92 Wn.2d 507, 511, 598 P.2d 1358 (1979).

Discovery rule: Ohler v. Tacoma Gen. Hosp., 92 Wn.2d 507, 511, 598 P.2d 1358 (1979) [The court found that whether decedent’s death provided facts from which the claimant discovered, or could have discovered, the cause of her husband’s death was an issue for the trier of fact.]

Filing a claim (injury): 1 year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued (R.C.W.A. § 51.28.050)

Filing a claim (death): 1 year after death due to accident or injury (R.C.W.A. § 51.32.040(2)(c))

Filing a claim (occupational disease claims other than occupational hearing loss): 2 years after a worker has written notice from a medical provider that (1) the occupational disease exists, and (2) a claim for disability benefits may be filed. (R.C.W.A. § 51.28.055(1))

Accrual: The action accrues when the injury is inflicted. Hundley v. Martinez, 151 W.Va. 977, 985, 158 S.E.2d 159, 164 (1967)

Discovery rule: The discovery rule is generally applicable to all torts, unless there is a clear statutory prohibition. Syllabus Point 2, Cart v. Marcum, 188 W.Va. 241, 423 S.E.2d 644 (1992). The limitations period begins to run when plaintiff knows or through the exercise of reasonable diligence should know: (1) plaintiff was injured; (2) an entity owed plaintiff a duty to act with due care and may have engaged in conduct that breached that duty; and (3) there is a causal connection between the entity’s conduct and the injury.” Id.

Discovery rule (latent injury from exposure to a substance): The discovery rule was applied in cases involving respiratory injuries from a series of exposures to toluene diisocyanate at work. DeRocchis v. Matlack, Inc., 194 W.Va. 417, 460 S.E.2d 663, 667 (1997). There are 3 types of “pure latent injury cases” in which plaintifs fail to discover the injury or its cause until long after the negligent act occurred: (1) Workers who contract an occupational disease; (2) medical malpractice plaintiffs who discover an injury long after the negligent medical treatment was administered; and (3) product liability suit by plaintiffs who discover a side effect from the use of a drug or other medically-related product. Albertson v. T.J. Stevenson & Co., 749 F.2d 223, 230 (5th Cir. 1984)

Accrual: Date of death (W. Va. Code § 55-7-6(d))

Discovery rule: The discovery rule applies to actions arising under the Wrongful Death Act. Bradshaw v. Soulsby, 558 S.E.2d 681, 210 W.Va. 682 (W. Va. 2001).

Filing a claim (injury): 6 months from date of injury (W. Va. Code § 23-4-15(a))

Filing a claim (death): 6 months from date of death (W. Va. Code § 23-4-15(a))

Filing a claim (occupational disease not resulting in death): For occupational disease claims other than claims for occupational pneumoconiosis, the claim must be filed by the latest of the following dates: (1) 3 years from the date that employee was last exposed to the particular occupataional hazard invovled; (2) 3 years after employee’s occupational disease was made known to him or her by a physician; or (3) 3 years after which the employee should reasonably have known of the occupational disease (W.Va. Code § 23-4-15(c))

Accrual: At the time the negligent act occurs. Koplin v. Pioneer Power & Light, 162 Wis. 2d 1, 469 N.W.2d 595 (1991).

Discovery rule (all tort actions): Wisconsin is the only juridiction that appears to have applied a discovery rule to all tort actions. Jones v. Trustees of Bethany College, 177 W.Va. 168, 351 S.E.2d 183 (1986)., citing Hansen v. A.H. Robins, Inc., 113 Wis.2d 550, 335 N.W.2d 578 (1983). In the absence of a legislatively created rule to the contrary, claims do not accrue “until the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, not only the fact of injury but also that the injury was probably caused by the defendant’s conduct or product.” Borello v. U.S. Oil Co., 130 Wis. 2d 397, 411, 388 N.W.2d 140 (1986). A cause of action does not accrue until the nature of the injury and the cause or at least a relationship between the event and injury is or ought to have been known to the claimant. See Stroh Die Casting Co. v. Monsanto Co., 502 N.W. 2d 132 (Wis. 1993).

Discovery rule (continuing negligent acts): A cause of action accrues when the negligent act occurs, or the last in a continuum of negligent acts occur and the plaintiff has a basis for objectively concluding that the defendant caused injuries and damages. Koplin v. Pioneer Power & Light, 162 Wis. 2d 1, 469 N.W.2d 595 (1991).

Accrual: “The discovery rule permits the accrual of wrongful death claims after the date of the decedent’s death. Christ v. Exxon Mobil, 2015 WI 58 (Wis. 2015).

Discovery rule: The discovery rule applies to statutes of limitations for both wrongful death and survival actions.  Christ v. Exxon Mobil, 2015 WI 58 (Wis. 2015).

Filing a claim (injury): 2 years after the date of the injury or death or the date the employee or his or her dependent knew or ought to have known the nature of the disability and its relation to the employment (Wis. Stat. § 102.12)

Filing a claim (death): 2 years after the date of the injury or death or the date the employee or his or her dependent knew or ought to have known the nature of the disability and its relation to the employment (Wis. Stat. § 102.12)

Filing a claim (occupational disease): 12 years after the date of injury  (Wis. Stat. § 102.17(4))

Filing a claim (occupational disease resulting in death): 12 years after death (Wis. Stat. § 102.17(4))

Accrual/discovery rule: “Wyoming is a ‘discovery state,’ meaning the statute of limitations is not triggered until the plaintiff knows or has reason to know of the existence of a cause of action. [citations omitted].” James v. Montoya, 963 P.2d 993 (1998). “A tort cause of action accrues when the plaintiff knows or has reason to know that she has suffered damage due to another’s wrongful act. Ogle v. Caterpillar Tractor Co., 716 P.2d 334, 337 (Wyo.1986) (quoting Anderson v. Bauer, 681 P.2d 1316, 1321 (Wyo. 1984)).

Continuing tort rule: “When a tort involves continuing injury, the cause of action accrues, and the limitation period begins to run, at the time the tortious conduct ceases.” Page v. United States, 729 F.2d 818, 821 (D.C. Cir. 1984) (quoting Donaldson v. O’Connor, 493 F.2d 507, 529 (5th Cir. 1974), vacated on other grounds, 422 U.S. 563, 95 S.Ct. 2486, 45 L.Ed.2d 396 (1975))

Accrual: Death of the decedent (Wyo. Stat. § 1-38-102(d))

Filling a claim (injury resulting from a single brief occurrence): 1 year from date of injury (Wyo. Stat. Ann. § 27-14-503(a))

Filing a claim (injury that is not readily apparent): 1 year after employee discovers the injury (Wyo. Stat. Ann. § 27-14-503(a))

Filing a claim (injury occurring over a substantial period of time): The later of the following two dates: (1) 1 year after a diagnosis of injury is first communicated to the employee; or (2) 3 years from the date of last injurious workplace exposure to the condition causing the injury. (Wyo. Stat. Ann. § 27-14-503(b)) Note regarding injury caused by ionizing radiation: The 3-year limitation does not apply to injury caused by ionizing radiation. (Wyo. Stat. Ann. § 27-14-503(b))

Filing a claim (death resulting from ionizing radiation): Within one (1) year after a diagnosis of the medical condition is first communicated to the employee or if death occurs without the communication of a diagnosis to the employee, a claim shall be filed within one (1) year after the date of death. (Wyo. Stat. Ann. § 27-14-503(b))