Guides · Types of case
You were hurt at work
How workers compensation differs from suing someone, what usually gets claims denied, and when there may be a separate claim against a third party.
Being injured at work runs through a different system from an ordinary injury claim, and the difference catches people out.
It is not a fault system
Workers compensation generally pays for medical treatment and lost earnings without you having to prove your employer did anything wrong. The trade is that it is normally the exclusive remedy against the employer, and it does not pay for pain and suffering the way an injury claim can. You give up the lawsuit and you get a system that is meant to pay regardless of blame.
What gets claims denied
Late reporting. Every state sets a window for telling your employer, some of them short. Report in writing and keep a copy, even if you told a supervisor verbally at the time.
A gap in treatment. Stopping and restarting is read as recovery, whatever the real reason.
Whether it arose from the work. This is the usual battleground, particularly for back injuries, repetitive strain and any condition that developed gradually rather than in one visible moment.
Rules about which doctor. Many states restrict who you may treat with, at least initially. Going outside that list without checking can put the bills on you.
The part people miss: a third party claim
Workers compensation blocks a claim against your employer, not against everyone. If a subcontractor on the site, another driver, a property owner or the manufacturer of a defective machine caused the injury, a separate claim against them may exist alongside the compensation claim, and that one can cover what compensation does not. It is worth asking specifically whether anyone other than your employer was involved.
Cost
Fees in this area are commonly a percentage set or capped by state rules rather than negotiated, so ask what the cap is where you are. First consultations are typically free.
If things change after you report
Retaliation for filing a claim is unlawful in every state, though what counts and what can be done about it varies. If your hours, duties or treatment change noticeably after you report, write down what changed and when.
General information, not advice about your claim. Workers compensation is heavily state-specific, including the deadlines, and those deadlines can be short.