5 Things You Need to Do Right When Filing a Workers’ Comp Claim

The First 5 Steps: What to Do Immediately After a Workplace Injury

Filing a workers' compensation claim can feel overwhelming, but taking the right actions immediately following a workplace injury is critical to ensuring your claim is approved and that you receive the benefits you are owed. Here are the five most essential things you need to do right away:

1. Report the Injury to Your Employer IMMEDIATELY

This is the most crucial step. Most states have strict deadlines (often 30 days or less) for reporting a work injury, but you should report it as soon as you realize an injury has occurred, even if it seems minor at first.

• How: Report it in writing (email or text is often sufficient initially, but follow company protocol).

• What: State the date, time, and location of the injury, and describe how it happened.

• Why: Late reporting is one of the easiest ways for an insurance company to deny a claim, as they may argue the injury didn't happen at work or wasn't serious.

2. Seek Medical Attention and Document Everything

Your health is the priority, but the medical records are the foundation of your legal claim. Even if you think you’re fine, get checked out.

• Be Clear: Tell every medical provider (doctors, physical therapists, etc.) that your injury is work-related and how it happened.

• Follow Orders: Strictly follow your doctor’s treatment plan, including prescriptions and restrictions. Deviating from medical advice can be used against you.

• Keep Records: Save every piece of paperwork—appointment schedules, prescriptions, medical bills, and copies of all reports.

3. Detail the Incident and Gather Evidence

Your memory can fade quickly, and the scene of the accident may change. Before either of those things happens, document the specifics.

• Write it Down: Create a detailed written narrative of the incident. Include the names of any tools, equipment, or machinery involved.

• Take Photos: Use your phone to take pictures of the injury, the accident scene, and any safety hazards that contributed to the injury.

• Identify Witnesses: Note the full names and contact information for any co-workers or others who witnessed the accident or were present immediately afterward.

4. Complete and Submit the Official Claim Form Promptly

In addition to reporting the injury to your employer, you must formally file the correct workers' compensation claim form with the proper state or regulatory agency.

• Do Not Delay: The employer is required to provide you with the necessary forms after you report the injury. If they don't, seek the form yourself through your state's Workers' Compensation Board.

• Be Thorough: Fill out the form accurately. Review it carefully before submitting it, as inconsistencies can lead to denials or delays.

5. Be Honest, Consistent, and Limit External Activity

From the moment of injury through the settlement, consistency is key to credibility.

• Stay Off Social Media: Never post details, photos, or updates about your injury, recovery, or activities online. Anything you post can and will be used by the insurance company to argue that your injury is less severe than you claim.

• Be Consistent: Your description of the injury to your employer, your doctor, and in the claim paperwork must be consistent.

When You Need Professional Legal Help

While many claims are straightforward, the workers’ compensation system is complex and heavily favors employers and insurance companies. You should consider hiring a legal professional, like an attorney or legal document specialist, in the following situations:

If you are facing any of these challenges, seeking professional guidance is the best way to protect your rights and your future. Contact Lazar Legal Solutions for your free consult today.