Injured At Work?
Here's Your Workers' Compensation Guide

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Who qualifies for workers' compensation?

Employers are required to have workers' comp (except in Texas or South Dakota). If your employer withholds pay for taxes, you probably qualify.

All employers in the United States are required to have workers' compensation insurance (except in Texas and South Dakota). If your employer withholds pay for taxes, you probably qualify.

Full-time workers

Part-time workers

Independent contractors

Freelancers

Self-employed workers

SEE IF YOU QUALIFY

Which injuries qualify for workers' compensation?

One-time incidents

Injuries from accidents and other one-time events, even if you're at fault

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Exposure to harmful substances

If you get sick from harmful substances at work, like asbestos

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Aggravation of a pre-existing injury

Existing conditions that are made worse due to your work

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Repetitive strain from long-term activities

Injuries from repeated actions, like a back injury from years of lifting boxes

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Not sure?

Any injury or illness that occurred while doing your job could qualify for benefits

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Your employer can't legally fire you for pursuing workers' comp.

If you've been injured, follow these steps.

Step 1

Report the injury to your employer

Tell your employer about your injury or illness as soon as possible. Write an email or a dated letter that says when you were injured and how the injury happened.

Step 2

Get medical care

If you need emergency medical care, tell the hospital or doctor it was a work injury. Your employer may also refer you to a work injury doctor who's in their insurance network.

Step 3

File for workers' comp if you're eligible

In most cases, your employer should file a claim for you. If approved, workers’ comp will pay you weekly benefits to cover lost wages while you're out of work. Your employer’s insurance will also pay for medical care.

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Step 4

Receive medical care as you recover

If your claim is approved, your employer's insurance will continue covering your medical care, and you’ll get weekly payments once you pass your state’s waiting period.

After you file a claim, your employer’s insurance company will approve or deny your claim. Approval means the insurer will continue covering your medical care and you’ll get weekly payments once you pass your state’s workers’ comp waiting period.

Step 5

Reach maximum medical improvement (MMI)

You’ll eventually reach a point where you've recovered as much as possible. For many workers, this means you can return to work. If you have a permanent condition, you may qualify for long-term workers' comp benefits.

When is the right time to hire a lawyer?

You're having trouble understanding workers' comp.

A lawyer will act as your translator for everything that your employer, insurers, and state organizations are doing.

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Your employer is uncooperative.

Perhaps they aren’t filing your claim in a timely manner or they deny that your injury took place on the job. A lawyer can immediately step in and make them take action.

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Your claim is denied.

A lawyer will appeal your claim by collecting evidence for you, talking to witnesses, getting you a settlement, or even representing you in court.

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Your diagnosis is inaccurate.

To determine your care and eventual payout, you need a medical evaluation. A lawyer can help you work with your doctor to get an accurate diagnosis.

To determine your care and eventual payout, you need a medical evaluation. A lawyer can help you get an accurate diagnosis by telling you what care you can ask for and how to prove that you need it.

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You received a settlement offer.

A lawyer will help maximize your payout to ensure it covers lost wages, future medical care, and other expenses caused by your injury or time out of work. Studies have shown median payouts were 739% higher when a lawyer handled the claim.

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You want to go back to work.

Doing any work outside of your doctor's treatment plan could result in lost benefits or insurance refusing to cover your medical bills. A lawyer will advise you on the best way to get back to work without jeopardizing your benefits.

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Frequently asked questions about workers' comp

Can I get fired for filing a workers’ comp claim?

Do I still get paid if I get injured at work?

Can I work and get workers’ comp at the same time?

Can I get workers’ comp if the injury was my fault?

Do all workers qualify for workers’ comp?

How long do workers' comp payments last?

Is workers’ comp taxable?

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