What Do You Need to Do If You’re Injured at Work?

• September 17, 2025
• Attorney David Mann
• Workplace Accidents

If you suffer an injury on the job, you may qualify for workers’ compensation benefits. These benefits cover your necessary medical care and replace a portion of your lost wages. Your actions immediately following a work injury directly impact your ability to secure this financial support.

Making the right choices strengthens your legal position, while certain mistakes can jeopardize your claim.

A workers’ compensation lawyer protects your legal interests by helping you file your initial claim and advocating for you if the insurance company denies benefits or tries to force you back to work before you recover.

Let a lawyer handle the insurance company so you can focus on your medical treatment and recovery.

Your workers’ compensation lawyer can file the initial claim. They can also advocate for you when issues arise after you have filed the claim, such as a denial or an attempt to force you back to work before you are ready.

You already have enough stress and worry about getting the medical care you need. Hire a workers’ compensation lawyer to deal with the insurance company.

Key Takeaways in Workers’ Compensation Cases:

Report your work injury to your employer within the time limit your state’s law requires.

• Seek immediate medical care for your injuries and attend all follow-up appointments.
• File a workers’ compensation claim to seek payment for a job-related injury.
• Investigate whether you can file a third-party lawsuit if someone other than your employer caused your injury.
• Contact a workers’ compensation lawyer to manage your claim.

What Do Workers’ Compensation Benefits Cover?

Workers’ compensation benefits should provide financial and medical support to employees who suffer work-related injuries or illnesses. These benefits typically cover several key areas to help injured workers recover and maintain economic stability during their time away from work.

Workers’ compensation pays for necessary medical treatment related to the injury or illness. This coverage includes hospital stays, doctor visits, surgeries, medications, physical therapy, and other approved healthcare services. In most cases, the injured worker is not responsible for out-of-pocket expenses if they received treatment through authorized providers.

In addition to medical care, workers’ compensation benefits often include earnings replacement, which typically consists of a portion of the worker’s average weekly earnings during their time off due to injury. If the injury results in a permanent disability, additional compensation may be available depending on the extent of the impairment.

An independent medical examiner determines the scope and extent of your injuries once you have reached the point of maximum medical improvement.

Workers’ compensation may also cover vocational rehabilitation, or job retraining, if the injured employee cannot return to their previous job. In tragic cases where a worker dies as a result of a job-related injury, workers’ compensation may provide death benefits to surviving dependents.

You Must Report Your Injury to Your Employer Promptly

Promptly reporting your work injury to your employer is one of the most important steps you can take after an accident.

Most states have specific time limits requiring workers to notify their employer within a certain period, often within a few days or weeks, to qualify for workers’ compensation benefits. Failing to report your injury quickly can jeopardize your claim, cause delays in treatment, or even result in the denial of benefits.

When you report your injury, be clear and detailed about what happened, including the incident’s date, time, location, and circumstances. Providing accurate information helps your employer document the event properly and begin the workers’ compensation process without delay.

Report your injury in writing, such as through an email or formal incident report, and keep a copy for your records. This way, your employer cannot later claim that you did not provide them with notice in a sufficient amount of time. You can use a copy of the written letter to prove you sent it.

Early reporting also ensures you receive timely medical evaluation and treatment, which can prevent further complications or worsening of your condition. Additionally, it helps establish a clear record of your injury, which may be critical if the insurance company questions your claim later.

Always report your injury as soon as possible. Waiting too long can undermine your case and make securing the benefits you deserve harder.

Seek Timely Diagnosis and Treatment of Your Work Injury

Seek prompt medical treatment for a work injury to protect your health and support your workers’ compensation claim.

After an accident or injury on the job, getting timely medical attention helps ensure proper diagnosis, treatment, and recovery. It also creates a clear and documented medical record directly linking your injury to your workplace accident.

Delaying medical treatment can lead to worsening symptoms, complications, or permanent damage you may have prevented. Early care allows healthcare professionals to assess the severity of your injury and recommend appropriate interventions, whether medication, physical therapy, or surgery. It also helps you return to work sooner and reduces the risk of long-term disability.

From a legal perspective, prompt medical treatment strengthens your workers’ compensation case. Insurance companies and employers often scrutinize delayed treatment as a sign that the injury may not be as serious or related to work.

Consistent medical records showing your injury’s timeline provide evidence that your job duties caused your condition. You need this documentation if the insurance company disputes your claim or you need ongoing medical care benefits and lost earnings.

Document As Much as You Can About Your Work Injury

Documenting everything related to your work injury is essential for a successful workers’ compensation claim.

From the moment the injury occurs, keep detailed records of all aspects of the incident. These records include the date, time, location, and circumstances of the injury, along with the names of any witnesses. Make sure to save copies of all accident reports and written communications with your employer.

Additionally, maintain thorough records of your medical treatment, including doctor’s notes, test results, prescriptions, and bills. Record how the injury affects your daily life and work duties, noting any pain, limitations, or missed workdays.

Also, document any conversations or correspondence with insurance companies, medical providers, and your employer regarding your injury and claim.

Well-organized and accurate documentation strengthens your case by providing clear evidence that your injury is work-related. It also helps avoid disputes and delays, ensuring you receive the benefits and care you deserve.

Hire a Workers’ Compensation Attorney for Your Case

Hiring a workers’ compensation lawyer can significantly affect the outcome of your claim. An experienced attorney understands the legal requirements, deadlines, and paperwork, and will ensure you file your claim correctly and on time.

A workers’ compensation lawyer will thoroughly review your case, gather necessary evidence, and help you document the extent of your injury and how it relates to your job. They can communicate with your employer, insurance company, and medical providers on your behalf, protecting you from unfair tactics or delays.

If the insurance company denies your claim or unfairly limits your benefits, an attorney can advocate for you during appeals or hearings. They know how to challenge denials, negotiate settlements, and fight for the maximum compensation you deserve, including medical expenses, lost earnings, disability benefits, and rehabilitation costs.

Additionally, a lawyer provides peace of mind by handling the legal aspects so you can focus on healing. They also ensure you understand your rights and options at every stage of the process.

Do You Have a Right to File a Third-Party Lawsuit?

When you suffer a work-related injury, workers’ compensation is your primary source of benefits. This system pays benefits regardless of who was at fault.

In some cases, however, a third party—someone other than your employer or a coworker—caused your injury. When this happens, you may have the right to file a separate personal injury lawsuit against that negligent third party.

A third party can be anyone whose negligence or wrongdoing contributed to your injury. Examples include contractors, equipment manufacturers, property owners, or vehicle drivers in an accident.

For instance, if faulty machinery caused your injury, you might have a product liability claim against the manufacturer. Or, if a driver’s negligence caused a car accident while you were working, you can pursue a claim against that driver.

Unlike workers’ compensation, which generally provides limited benefits, a third-party lawsuit can potentially recover damages for pain and suffering, lost future earnings, and other losses workers’ comp does not cover. However, pursuing a third-party claim requires meeting a higher legal burden and proving negligence or liability.

Even if you cannot file a third-party lawsuit, you can still seek workers’ compensation benefits. You are better off filing an immediate workers’ compensation claim to meet the deadline and give you some money in the meantime.

If you eventually receive money in a settlement or lawsuit, you will repay the workers’ compensation insurance company for the money it has already advanced. Thus, you lose nothing by filing a workers’ compensation claim.

Common Mistakes to Avoid in a Workers’ Compensation Claim

First, do not delay reporting your injury. Failing to notify your employer promptly can lead to the denial of your claim. Most states require injury reporting within a specific timeframe, often just a few days or weeks. Always report your injury as soon as possible, preferably in writing, and keep a copy for your records.

Second, avoid withholding information from your doctor or employer. Be honest and thorough when describing your injury and symptoms. The insurance company can question your credibility and delay treatment or benefits by using inconsistent or incomplete statements against you.

Third, do not ignore medical treatment or skip appointments. Following your doctor’s recommendations is vital not only for your health but also to support your claim. Insurance companies may deny or reduce benefits if they believe you are not cooperating with treatment.

Fourth, refrain from discussing your case on social media or with others. Insurance companies can use statements or photos posted online against you to challenge your injury or exaggerate claims.

Fifth, avoid accepting the first settlement offer without consulting a lawyer. Insurance companies often offer less than what you may have the legal right to. A workers’ compensation attorney can evaluate your case and negotiate for fair compensation.

Frequently Asked Questions

Can I See My Own Doctor for a Work Injury?

You may be unable to choose your own physician when you have suffered an injury on the job. Depending on the laws of your state, your employer may have the right to direct you to their physician.

Can I Sue My Employer for a Work Injury?

Generally, you cannot sue your employer in a negligence-based lawsuit for your work injury, since workers’ compensation is the exclusive remedy. You can only sue your employer under minimal circumstances.

What if the Insurance Company Denies My Workers’ Compensation Claim?

The insurance company does not get the final say over your case because you always have the right to appeal. Working with an experienced workers’ compensation lawyer, you can either negotiate a settlement or have the denial overturned by a judge.

What if my employer claims my injury resulted from a pre-existing condition?

Insurance companies often try to deny claims by blaming a previous injury or pre-existing condition.

However, the law in most states allows you to receive workers’ compensation if your job duties aggravated, accelerated, or exacerbated a pre-existing condition.

A lawyer can gather the medical evidence needed to prove the work-related connection.

Are injuries that happen while traveling for work covered by workers’ compensation?

Generally, injuries sustained during your daily commute to and from your primary workplace are not covered.

However, if your job requires you to travel away from the main office—such as visiting clients, making deliveries, or running errands for your employer—injuries that occur during that travel are typically compensable.

What happens if my employer does not have workers’ compensation insurance?

State laws require most employers to carry workers’ compensation insurance.

If your employer illegally fails to maintain coverage, you may have the right to file a personal injury lawsuit directly against the employer for damages. These lawsuits often allow you to recover more compensation than a standard workers’ comp claim.

Some states also maintain a special fund to pay benefits to employees of uninsured employers. A lawyer can explain the options available in your state.

Fight Workplace Retaliation, Contact a Workers’ Compensation Lawyer

Your employer cannot fire you for filing a workers’ compensation claim, since that is an illegal retaliation.

Remember that an experienced attorney can guide you through the workers’ compensation system, advocate for your rights, and ensure you receive the benefits and compensation you are entitled to. Your health and well-being should be the top priority, and seeking legal guidance can help alleviate the stress and uncertainty that often come with workplace injuries.