What to Do After a Workplace Injury

How you handle the first days after a workplace injury can decide whether benefits are paid quickly or disputed for months.

1. Get medical care

• In an emergency, go to the ER or call 911.
• Tell every provider the injury happened at work, so the records and billing go to workers' comp.
• Some states let the employer or insurer choose the first doctor; others let you choose. Ask your employer or check your state's rules.

2. Report the injury in writing

Notify your supervisor or HR in writing as soon as possible, with the date, time, place and how it happened. State deadlines for notice vary, sometimes as short as a few days, and missing them can bar your claim. Federal rules require employers to have a reasonable procedure for reporting injuries and prohibit retaliation for reporting (29 CFR 1904.35).

3. Make sure a claim is filed

In many states the employer files a first report of injury with its insurer; in others the worker must file a claim form with the state agency. Ask for a copy and the claim number.

4. Document everything

• Photos of the scene and your injury
• Names of witnesses
• Medical records, prescriptions and restrictions
• Pay stubs showing pre-injury wages
• A log of missed work and expenses such as mileage to appointments

Our workplace injury checklist lists them.

5. Follow restrictions and treatment

Attend appointments and follow work restrictions. If light duty is offered within your restrictions, refusing it can affect benefits in many states.

6. Watch for problems

• Claim denied or "under investigation" for weeks
• Benefits paid late or less than expected
• Pressure to use personal health insurance or sick leave instead
• Discipline or termination after reporting

If any of these happen, see do I need a lawyer for workers' comp.

Safety concerns

If the injury resulted from a hazard that still exists, you can file a safety complaint with OSHA, and employers may not retaliate (OSHA).

Time off and job protection

Workers' comp pays benefits, but job protection may come from the FMLA or state law. See when FMLA leave runs out.

An employment lawyer or workers' comp attorney can help if your employer resists the claim.

Sources

1. Cornell Law School LII: Workers' compensation
2. OSHA: Workers' rights
3. OSHA: File a safety and health complaint
4. Cornell Law School LII: 29 CFR 1904.35, Employee involvement (injury reporting rights)