What is workers' compensation?

Workers' compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill because of their job. It covers medical expenses, a portion of lost wages, rehabilitation costs, and disability benefits. In exchange for these guaranteed benefits, employees generally give up the right to sue their employer for the injury. Each state runs its own workers' comp system with different rules, deadlines, and benefit levels.

Do I need a lawyer for a workers' comp claim?

Not every claim requires an attorney, but many benefit from one — especially if your claim was denied, your employer disputes the injury, you're offered a settlement, your benefits were reduced or cut off, or you have a permanent disability. Workers' comp attorneys typically work on contingency, meaning they take a percentage of your benefits if they win and you pay nothing upfront. The percentage is usually capped by state law.

How long do I have to report a workplace injury?

Reporting deadlines vary by state but are typically much shorter than other injury claims — often 30 to 90 days from the date of injury. For occupational diseases or repetitive stress injuries, the clock may start when you knew or should have known the condition was work-related. Reporting late can result in your claim being denied, so report the injury to your employer as soon as possible, preferably in writing.

What if my workers' comp claim was denied?

A denial is not the end. Common reasons for denial include missed deadlines, disputes about whether the injury is work-related, insufficient medical evidence, or pre-existing condition arguments. You can appeal through your state's workers' compensation board or commission. An attorney experienced in workers' comp appeals can evaluate the denial reason and build a case for your hearing.

Can I see my own doctor for a work injury?

It depends on your state. Some states let you choose your own doctor from the start. Others require you to see a company-approved physician initially and then allow you to switch later. Some states give the employer or their insurer control over which doctor you see. Knowing your state's rules matters because the treating doctor's opinion heavily influences your claim — including whether you can work, what treatment you need, and your disability rating.

Can I be fired for filing a workers' comp claim?

It's illegal in every state for an employer to retaliate against you for filing a workers' comp claim. This includes firing, demotion, reduced hours, harassment, or threats. However, employers sometimes disguise retaliation as a legitimate business decision. If you suspect retaliation, document everything and consult an attorney. You may have a separate retaliation claim in addition to your workers' comp case.

What benefits does workers' comp cover?

Workers' comp typically covers medical expenses related to the injury (doctor visits, surgery, medication, physical therapy), temporary disability payments (a portion of lost wages while you recover), permanent disability benefits (if you don't fully recover), vocational rehabilitation (job retraining if you can't return to your old job), and death benefits for surviving family members. Benefit amounts and duration vary by state.

Can I sue my employer if I'm getting workers' comp benefits?

Generally no — the trade-off of workers' comp is that you receive guaranteed benefits without proving fault, but you give up the right to sue your employer. However, there are exceptions: if your employer intentionally caused your injury, if a third party (not your employer) contributed to the injury, or if your employer doesn't carry required workers' comp insurance. A third-party claim can be pursued alongside your workers' comp benefits.

What if my employer doesn't have workers' comp insurance?

Most states require employers to carry workers' comp insurance (with some exceptions for very small businesses). If your employer doesn't have coverage, you may be able to file a claim through your state's uninsured employer fund, sue your employer directly in civil court (since the workers' comp trade-off doesn't apply), or both. An attorney can advise you on the best path based on your state's laws.

How much will I receive in workers' comp benefits?

Temporary disability benefits are typically two-thirds of your average weekly wage, up to a state-set maximum. Permanent disability benefits depend on your disability rating, which a doctor assigns based on the lasting impact of your injury. Every state has its own formula and caps. An attorney can evaluate whether the disability rating and benefit calculation are accurate — insurers sometimes undervalue claims.