How workers’ comp works
A plain guide to the system: the steps, the benefits and the parts that change from state to state. General information, not legal advice for your case.
Free case evaluationIf you were just hurt
Most claim problems start in the first few days. These three habits prevent many of them.
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Today
Get medical care and say the words "I was hurt at work." Report it to a supervisor, in writing if you can. Take photos of the place and anything that broke.
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This week
Write down what happened, who saw it and which shift it was. Keep every paper you're handed. Don't sign a recorded statement or a settlement form without advice.
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Next weeks
Go to every appointment. Keep a log of mileage, missed shifts and how you feel. If a check is late or a treatment is denied, call us.
How a claim usually moves
The order is similar in most states. The names of the forms and the deadlines are not.
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Step 1: Tell your employer, in writing
Report the injury to a supervisor as soon as you can, and keep a copy or a photo of what you sent. Many states set reporting deadlines of about 30 days; a few are much shorter.
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Step 2: Get medical care
Go to the clinic or emergency room and say clearly that you were hurt at work. In some states the employer or insurer picks the doctor; in others you can choose.
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Step 3: A claim is opened
Your employer reports the injury to its insurer. In some states you also file a claim with the state agency yourself. That filing protects your rights if the insurer drags its feet.
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Step 4: The insurer decides
The insurer accepts the claim, denies it or says it is still investigating. If wage benefits start, they usually replace part of your pay, not all of it.
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Step 5: If there's a dispute
Most states offer a conference or mediation first, then a hearing before a workers' comp judge. Appeal deadlines after a decision can be short.
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Step 6: Recovery, return or settlement
When you reach the most improvement doctors expect, you may get a permanent rating. The claim may end with a return to work, ongoing benefits or a settlement.
What changes from state to state
Every state runs its own workers' comp system. The ranges here describe what many states do. They are not the rule for your claim.
Missouri and Kansas each set their own rule on every row of this table. After the first call, we give you the dates and rates that apply to you, in writing.
| Topic | What many states do |
|---|---|
| Telling your employer | Often within about 30 days. A few states allow only a few working days; some allow longer. |
| Filing a formal claim | Often one to three years from the injury or from the last benefit payment. |
| Waiting period | Usually 3 to 7 days before wage benefits start. Those days are often paid back if you are out long enough. |
| Wage benefits | Usually about two-thirds of your average weekly pay, up to a weekly maximum set by the state. |
| Choosing a doctor | Some states let the employer or insurer choose; others let you choose or switch after a first visit. |
| Illness from exposure | The clock often starts when you knew, or should have known, the illness came from work. |
| Lawyer fees | Usually a percentage of benefits recovered, capped or approved under state rules. |
What benefits usually cover
Names and amounts differ by state. These are the common types.
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Medical care
Doctor visits, tests, therapy, surgery and prescriptions for the work injury, usually with no copay.
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Temporary wage benefits
Part of your pay while you can't work, or a top-up when light duty pays less.
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Permanent disability
Benefits for lasting damage, often based on an impairment rating and a state formula.
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Mileage and travel
In many states, travel to medical appointments is reimbursed. Keep a log.
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Job retraining
Some states offer vocational help when you can't return to your old work.
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Death benefits
Support for dependents and funeral costs when a work injury or illness is fatal.
What a comp lawyer costs
Workers' comp lawyers are usually paid a percentage of the benefits they recover, and each state limits that percentage or requires a judge to approve it. At our firm, if we don't recover benefits for you, you owe no attorney fee. Case costs are explained in your written agreement before anything is spent.
Fee questionsCan they fire me for filing?
Most states make it illegal to fire, demote or punish a worker for filing a workers' comp claim. Employers can still make job decisions for other reasons, so write down any change at work after you report an injury, with dates, and tell us.
General information only. The rules and remedies differ by state.
Get your own dates, in writing
Tell us what happened in about five minutes. A lawyer or our intake lead calls you back within one business day, in English or Spanish. No fee unless we recover benefits for you.
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