Injured on the Job? Here’s What to Do
Workers’ Comp
A workplace injury can be disorienting, and acting quickly matters both for your health and for any workers’ compensation claim. Here is a general overview of what to consider.
1. Report the Injury Right Away
Most states require reporting a workplace injury to your employer within a specific window (often 30 days or less) to preserve your right to benefits. Report it in writing if possible, and keep a copy.
2. Get Medical Attention
Seek medical care promptly, and tell the provider clearly that the injury is work-related. In some states, your employer or their insurer may direct you to a specific provider for the claim to be covered.
3. Understand What Workers’ Comp Generally Covers
Workers’ compensation typically covers medical treatment and a portion of lost wages while you recover, regardless of who was at fault. In exchange, employees generally give up the right to sue their employer directly for the injury (with some exceptions).
4. Document Everything
Keep copies of medical records, correspondence with your employer or their insurer, and a record of missed work and expenses related to the injury.
5. Know That Claims Can Be Denied or Disputed
Claims are sometimes denied or disputed over issues like whether the injury is work-related or how severe it is. If that happens, you generally have the right to appeal, and many people consult a workers’ compensation attorney at that point.
Frequently Asked Questions
Can I be fired for filing a workers’ comp claim?
Retaliating against an employee for filing a legitimate claim is generally illegal, though the specific protections vary by state.
What if my employer says the injury wasn’t work-related?
You can typically still file a claim and provide your own documentation; if denied, most states allow you to appeal the decision.
Does workers’ comp cover pre-existing conditions that got worse at work?
Sometimes, if the work aggravated the condition — but this is often disputed and may need medical documentation connecting the two.
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