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What to Do After a Workplace Injury

Hurt on the job? Here's what generally happens next, how workers' compensation interacts with other claims, and steps that protect your rights.

Report the injury right away

Most states require prompt reporting of a workplace injury to your employer, often within a matter of days, to preserve your right to workers' compensation benefits. Delaying can create disputes about whether the injury actually happened at work.

Get medical treatment and follow it

Seek medical care promptly and follow through with recommended treatment. Gaps in care can be used to argue the injury wasn't serious or wasn't work-related.

Workers' compensation isn't always the whole story

Workers' comp generally covers medical costs and a portion of lost wages regardless of fault, but it typically doesn't cover pain and suffering. If a third party, like an equipment manufacturer or a contractor other than your employer, contributed to the injury, a separate personal injury claim may also be possible.

Document everything

Photos of the scene and any hazard, names of witnesses, and copies of the incident report all help support your claim, whether it stays within workers' comp or extends into a third-party claim.

When to get a second opinion, legally speaking

If your workers' comp claim is denied, benefits seem too low, or you suspect a third party was involved, a free consultation with an attorney experienced in workplace injuries can clarify your options.

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Frequently asked

Can I sue my employer for a workplace injury?
In most states, workers' compensation is the exclusive remedy against your employer, meaning you generally can't sue them directly, though exceptions exist for intentional harm or lack of required coverage.
What if a piece of equipment caused my injury?
If defective equipment or a negligent third party contributed to your injury, you may have a separate product liability or personal injury claim in addition to workers' compensation.
General legal information for educational purposes only — not legal advice, and no attorney-client relationship is created. Laws vary by state and change over time; confirm details with a licensed attorney in your state.

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