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.
Even if an injury seems minor at first, it’s usually wise to report it, because some conditions, such as back strain or repetitive-motion injuries, can worsen or only become noticeable days later. Waiting can make it harder to show the injury is work-related.
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.
If it’s an emergency, get emergency care first and sort out paperwork afterward. Follow your provider’s treatment instructions and attend follow-up appointments, since gaps in treatment can be used to question how serious an injury is.
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).
Benefits commonly fall into a few categories: medical care, temporary wage replacement while you can’t work, payments for permanent impairment in some cases, and, in some states, help returning to work. The details, including how much wage replacement is paid and for how long, depend on your state’s rules.
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.
It also helps to write down how the injury happened soon after it occurs, including the date, time, location, and any witnesses, while the details are fresh. Photos of the scene or of visible injuries can be useful too.
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.
Appeal deadlines can be short, so if you receive a denial, check the notice for the deadline and instructions right away. Many attorneys who handle these cases offer an initial consultation, and in some states the fees allowed in workers’ compensation cases are limited, which is worth asking about.
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.
What if my employer doesn’t carry workers’ comp insurance?
Most states require employers to carry coverage, with some exceptions for small businesses or certain types of workers. If an employer is required to have it and doesn’t, many states offer other options, so it’s worth contacting your state’s workers’ compensation agency or an attorney.
Are independent contractors covered?
Generally, workers’ comp covers employees rather than independent contractors, but how a worker is classified can be disputed and depends on state law, so misclassification is something an attorney can help evaluate.
Related Reading
This article provides general information only and is not legal advice. Laws vary by state and change over time, so consider speaking with a licensed attorney about your specific situation.
Photo credit: see Image Credits.
