How To File Workers' Comp Claims After Injury (2026)

Steps to File a Workers' Compensation Claim

Although each state has its own workers’ compensation system, the steps to file a claim are very similar. Usually, the claims process follows these key steps:

• You report your injury to your employer
• You seek medical attention
• Your employer gives you a workers’ comp claim form
• You fill out the form and return it to your employer
• Your employer files a workers’ comp insurance claim on your behalf
• The insurer investigates
• You receive a decision, typically in about 14 days

When you first get injured at work, your employer should be able to give you information on your state’s workers’ compensation system. You may also find details on your state’s website.

Report Your Work Injury to Your Employer Immediately

Most states have two critical deadlines you must adhere to:

• A deadline to report your injury to your employer
• A deadline to file a workers’ compensation claim

Some states require you to notify your employer of your injury within a few days. Others give you 30 days or more. Regardless of your state’s deadline, though, it’s best to notify your employer in writing as soon as you can.

If you tell your employer about your injury in person, you should send a follow-up email or letter so there is a written record as well.

Complete and Submit the Workers' Comp Claim Form

As soon as you report the injury to your employer, your employer should give you workers’ comp claim forms to fill out. The deadline to submit the form depends on your state.

Typically, you’ll need to fill out your portion of the form and then return it to your employer. Your employer will complete their portion and submit the form to their insurance company.

When determining how to file workers' comp claims, make sure to look into your state’s specific procedures. In some states, you only need to file paperwork if the insurance company refuses to cover benefits and you want to appeal.

What Happens After You File Your Workers' Comp Claim

Once you file your claim, the insurance company will investigate your injury. Over the course of the investigation, the insurance adjuster may do the following:

• Interview you, your employer and your doctor
• Look over your medical records
• Review any available CCTV footage of your injury
• Look into your workplace’s safety protocols
• Have an independent medical examiner (IME) review your case

In most states, the insurance company is required to issue an approval or denial within two to four weeks.

What to Do if Your Workers' Comp Claim Is Denied

Unfortunately, insurance companies sometimes deny perfectly legitimate claims. If your workers’ comp claim is denied, don’t panic. Before you do anything else, find out the reason for the denial.

If you think the denial was wrongful, the good news is that you can appeal. The appeals process differs by state, and while you aren’t required to have the help of a lawyer, it’s highly advisable.

Often, an attorney will be able to help you put together an appeal and then negotiate a fair settlement. However, there are some instances where the insurance company is unwilling to budge. If this happens, your attorney may be able to file a workers’ compensation lawsuit on your behalf.

Types of Benefits You Can Receive Through Workers' Comp

The core workers’ compensation benefits are medical care and wage replacement. Injury-related medical care is usually 100% covered, and temporary total disability (TTD) benefits may be two-thirds of your average weekly wage.

If you have a long-term disability because of your injury, you can often receive ongoing compensation or a lump-sum settlement. Some states also assist with vocational rehabilitation if you can’t return to your old job.

Important Deadlines for Filing Workers' Comp Claims

Be mindful of your state’s deadlines for the following:

• Reporting the injury to your employer, generally in writing
• Filing your workers’ comp claim
• Filing an appeal

If you’ve been injured at work, it’s vital to find out your state’s deadlines as soon as possible to avoid missing one.

When You Should Hire a Workers' Comp Attorney

If your claim has been denied or you’re experiencing unreasonable delays, you should contact a lawyer. It’s also a good idea to contact a lawyer immediately if your injury is very severe or your employer disputes the validity of your claim.

Get Matched With an Experienced Workers' Comp Attorney Today

If you have a minor injury that doesn’t require you to miss work, your workers’ compensation claim might be relatively uncomplicated. In more complex cases, the best way to increase your chances of fair compensation is to hire a workers’ compensation lawyer. The right lawyer can guide you on how to file workers' comp claims at every step and help build a strong case.

When you’re trying to heal from an injury, choosing an attorney can be overwhelming. That’s why we’re here. At ConsumerShield, we match people who need legal help with experienced lawyers nearby. Filling out our contact form is easy; get in touch with us for a free case review today.