For many workers in physical labor jobs, there’s a likely chance that they could suffer from some type of workplace injury by the time they retire. The U.S. Bureau of Labor Statistics found that 2.6 million employees in the private sector alone reported work-related injuries in 2023.
Since workplace injuries affect millions of Americans each year, it’s helpful to know your legal options ahead of time if your job is physically demanding. To make sure you can get the full compensation you need for any medical bills, lost wages, and other losses, these are some of the first steps you should take after getting injured at work.
Get medical attention immediately, even if the injury is small.
No matter how minor your injury may feel, it’s important to see a doctor as soon as possible to maximize the settlement you could win from a worker’s compensation claim. If the injury is severe, have someone call 911 and make sure that you safely arrive at the hospital.
If your injury isn’t an emergency, then be sure to follow the next step below before you leave your workplace to recover at home.
Report the injury to your employer ASAP.
Back injuries, muscle strains, joint dislocation, and similar accidents related to overexertion are, by far, the most reported workplace injuries in the United States. Since these types of injuries can sometimes seem insignificant when they first occur, they can often be easy to overlook. That’s why it’s important to tell your boss about any notable pain or discomfort as soon as you notice it, no matter how minor it might feel.
The reason why workers need to quickly report an injury is because of the statute of limitations affecting workers’ compensation claims in each state. Each state has its own limit for how long an injured worker has to report an injury and file a claim until time runs out. For many states, the time limit is around 30 days, but this deadline can get as low as 3-4 days in a few states.
Find out the worker’s compensation laws in your state.
Once you’ve received the medical care you need, you’ll need to do a bit of research to make sure that you’re eligible to file a claim in your state. In some states, employees in certain industries (usually ones that are physically risky) or employment structures (often contractors) are blocked from worker’s compensation benefits.
Most states also have a 1-2 year time limit for employees to file a worker’s compensation claim before the statute of limitations runs out. In a few states, though, the statute of limitations can be as high as 5 years and as low as 90 days. You can check the worker’s compensation eligibility laws in your state by using this table on our website.
Important note for Texas residents: In Texas, private employers can opt-out of providing worker’s compensation benefits. Though most private employers in Texas choose to offer benefits anyway, around 1/3 of private Texas companies prevent their employees from seeking worker’s compensation. However, injured employees in this scenario have the ability to sue their employer for damages.
Make sure your employer files the injury report.
Though most employers are more than willing to work with you on an injury report, you could end up in a situation where your supervisor refuses to file one. If this happens, then you have a few options.
1. If you still have time before the deadline to report, you can submit a report of injury yourself through your state’s Department of Labor or Department of Insurance website.
2. If the deadline has passed, you can contact your state’s Worker’s Compensation division for assistance or work with a worker’s compensation lawyer to fight on your behalf.
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