Hurt at work
Most job injuries go through workers’ compensation, which works differently from a regular injury claim and has short reporting deadlines. If someone other than your employer helped cause the injury, you may have a second claim.
What to do first
- Get safe and get medical care. Call 911 if it is serious. Get checked even if you feel okay.
- Report it to your employer in writing. Short reporting deadlines apply. Keep a copy.
- Photograph the area and equipment. The hazard, machinery, missing safety gear, and your injuries.
- Ask for the claim forms. Write down who you spoke to and when.
- Collect witness contacts. Name and phone number for anyone who saw it.
- Do not admit fault. Stick to the facts. Do not apologize or guess what happened.
- See a doctor within 24 hours. Symptoms can show up days later. Keep every visit record.
What to do and save
- Tell your employer about the injury in writing as soon as you can, and keep a copy.
- Ask for the workers’ compensation claim forms and the name of the insurer.
- Photos of the area, the equipment, and any missing safety gear.
- Names of coworkers who saw what happened.
- Every medical record, work restriction note, and day of missed work.
Common mistakes
- Waiting to report the injury because you do not want to cause trouble.
- Reporting it only by word of mouth.
- Going back to full duty against your doctor’s restrictions.
- Signing a statement or form you did not read.
Who may be responsible
Your employer’s workers’ compensation insurance covers most job injuries regardless of fault. A separate company, such as an equipment maker or a contractor on the site, may also be responsible.
Your filing deadline
Every state sets a time limit to file an injury lawsuit. Most are between one and six years, and some situations are shorter. Workers' compensation has short deadlines to report an injury, often days to weeks.
See the time limit for your state
When it is worth talking to a lawyer
It is worth a call if you were seriously hurt, if fault is disputed, if an insurer denies or delays your claim, if you expect a long recovery, or if you have been offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
Questions people ask
What if I was hurt at work?
Workplace injuries usually go through workers’ compensation, which is separate from a regular injury claim and has its own short reporting deadlines. Tell your employer in writing right away and ask for the claim forms. If someone other than your employer caused it, you may also have another claim.
How do I pay medical bills while my claim is open?
Use your health insurance if you have it. Some auto policies include medical payments or personal injury protection coverage, which pays regardless of fault. Providers or insurers may later ask to be repaid from a settlement, which is called a lien. Keep every bill and explanation of benefits.
Should I see a doctor if I feel fine?
Yes, soon. Some injuries show up hours or days later. A visit also creates a medical record that links your symptoms to the event. Follow the treatment plan and go to your appointments. Gaps in care are used to argue an injury was not serious.
Do I need a lawyer?
No law says you must have one. Many small claims are settled without a lawyer. It is worth talking to one if you were seriously hurt, fault is disputed, the insurer denies or delays the claim, you have a long recovery, or you are offered an amount that does not cover your costs. Most injury lawyers offer a free first consultation.
General information, not legal advice. Rules differ by state and situation. Kindred is not a law firm.