When employees are injured while carrying out their job duties, they can receive benefits through workers’ compensation. In most cases, workers’ comp is the “exclusive remedy” for injured employees, meaning they can't sue their employers in court (although there are exceptions allowing injured workers to sue in some circumstances).
The procedure for filing a workers’ comp claim varies from state to state. However, all states require employees to give their employers notice of their injuries by a certain deadline, usually within 30 days or less of the accident or injury. Several states also require employees to file a formal workers’ compensation claim before they can receive benefits. Employees who fail to meet their state’s notice and claim requirements may lose their right to collect benefits.
Follow the links below for more information about the workers' comp filing process and the rules in three major states.
Understanding the workers’ comp system and your right to benefits after a work-related injury.
To get workers' comp benefits for an on-the-job injury or illness, you need to follow your state's rules for reporting the injury and filing a claim. Learn how the process works and where to get more information and help.
What you need to know about filing for workers' compensation benefits, getting medical treatment, keeping records, and more.
If you fail to report your injury on time, your workers' comp claim might be denied.
A workers' comp hearing determines whether you will receive benefits. Learn how to prepare for a workers' comp hearing in order to get the benefits you deserve.
If you miss the deadlines for filing a workers’ comp claim or reporting a work-related injury (different in each state), you could lose your chance to get benefits.
You're more likely to get a fair settlement offer if you're well-prepared for mediation.
States have different rules for when and why you can ask for more benefits after you’ve already received a workers’ comp settlement or award.
If you’ve had an on-the-job injury or illness, but your workers’ comp claim was denied, you have the right to appeal that decision. You should know, however, that the process may involve several proceedings, settlement negotiations, and a lot of time.
Workers' compensation insurance may not be your only recourse for a workplace injury.
Learn about the common reasons that workers’ comp claims are denied—and what you can do about it.
Learn how to find your employer’s insurer and what you can do if it doesn’t meet California’s legal requirements for workers’ comp insurance.
Some workers’ comp claims for slip-and-fall-injuries are relatively straightforward, but many require a lengthy appeals process.
The law gives you the right to seek workers' comp for mental health issues in certain circumstances. But there are many hurdles to overcome in proving your claim.
Learn if and when workers' compensation will cover your car accident injuries and if you have any compensation or legal options.
If you have noticeable or painful scarring as a result of a workplace injury, you might wonder whether workers' comp benefits will cover this. Here's what you need to know.
You should expect an uphill battle when filing for workers' comp based on PTSD, but first responders may have an easier time getting benefits in some states.
While most work injuries are covered by workers' comp, there are a handful of exceptions.
To be covered by workers’ comp, injuries don’t have to result from sudden accidents like falling off a ladder or losing a finger to equipment malfunction.
It’s illegal in most states, including California, to retaliate against employees for filing a workers’ comp claim.
It’s possible to qualify for workers’ comp benefits if you were injured before you left your job—even if you didn’t file a claim until later—as long as you meet certain requirements.
Whether you can be laid off or fired while receiving workers' comp depends on the reason for your employer's action. Receiving workers' comp generally protects you from being laid off, but not all layoffs are illegal.
Learn about your legal options if you’ve been injured at work and your employer doesn’t carry workers’ comp insurance.
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At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.