Guide · Updated
Hurt at work: workers’ compensation and injury claims
If you were hurt on the job, workers’ compensation is usually the main way to get your medical bills and part of your pay covered. Sometimes someone other than your employer also caused the injury. Then you may have a separate injury claim too. This guide explains both, and the deadlines that come first.
Right away
Step 1: Get care, then tell your employer in writing
- Write down what happenedThe date, time and place, what you were doing, and what caused the injury. Add the names of anyone who saw it.
- Take photosYour injuries, and the place, tool, machine or vehicle involved, if you safely can.
This week
Step 2: What to keep
- Your written noticeThe copy you gave your employer, and any reply.
- Medical records and billsEvery visit, test and prescription. How to get your medical records explains how to get copies.
- Pay recordsPay stubs from before the injury, and a list of the days or hours you missed because of it.
- Letters and formsAnything from your employer, its insurance company or the state agency. Write down the claim number.
Good to know
Step 3: How workers’ compensation usually works
Workers’ compensation is a separate system from an injury lawsuit. Each state runs its own, with its own forms and deadlines.
There is a trade-off. If your employer has coverage, you usually can’t sue your employer for the injury. In Texas, for example, workers’ compensation is the only way to recover from a covered employer or a co-worker5. There are narrow exceptions.
You also have to file a claim with the state, not just tell your employer.
Good to know
Step 4: If your employer has no workers’ compensation
Texas is different. There, private employers can generally choose whether to carry it6. If a Texas employer doesn’t, you may be able to sue it for your injury. You must show the employer, or someone working for it, was careless7. The employer can’t defend itself by blaming your own carelessness or a co-worker’s7.
Good to know
Step 5: When someone else caused the injury
Sometimes a person or company other than your employer is to blame. This is called a third party. Examples include:
- A driver who hit you while you were driving or working on the road for your job.
- The maker of a machine, tool or safety gear that failed.
- Another company working at the same site.
- The owner of a property you were sent to work at.
You may be able to bring an injury claim against them and still get workers’ compensation.
In an injury claim, your own share of fault can count. In Texas, you can’t recover if you are found more than 50% at fault9. Your state’s page shows its fault rule.
Good to know
Step 6: Safety rules and reporting
Federal workplace-safety rules set duties for employers. For example, floors and walkways must be kept free of hazards such as spills, snow and ice10. Employers must also report a worker’s death to OSHA within 8 hours. They must report a hospital stay, an amputation or the loss of an eye within 24 hours11.
This week
Step 8: Your deadlines
There can be several deadlines. One is to tell your employer, and one is to file a workers’ compensation claim. If someone else caused the injury, there is also a deadline to file an injury lawsuit. In Texas, for example, most injury suits must be brought within two years13. Find your state’s deadline, or see the Texas, New York and Florida pages.
When you’re ready
Step 9: What a lawyer can do
You don’t have to hire one. Some lawyers handle workers’ compensation, some handle injury lawsuits against third parties, and some do both. Ask which kinds of cases they handle.
See what a personal injury lawyer does, how to choose a personal injury lawyer and how contingency fees work.
Workplace injury rules in your state
The deadline to file and the other rules for a workplace injury case are set by each state. Pick yours.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
When you’re ready
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Where the legal facts on this page come from
- Tex. Lab. Code §§ 409.001, 409.003 (notice of injury to employer; claim for compensation)“§ 409.001. (a) An employee or a person acting on the employee's behalf shall notify the employer of the employee of an injury not later than the 30th day after the date on which: (1) the injury occurs … § 409.003. An employee or a person acting on the employee's behalf shall file with the division a claim for compensation for an injury not later than one year after the date on which: (1) the injury occurred …”Read the source: Tex. Lab. Code §§ 409.001, 409.003 (notice of injury to employer; claim for compensation)
- N.Y. Workers' Compensation Law § 18 (notice of injury or death)“Notice of an injury or death for which compensation is payable under this chapter shall be given to the employer within thirty days after the accident causing such injury, and also in case of the death of the employee resulting from such injury, within thirty days after such death. … The notice shall be in writing, and contain the name and address of the employee, and state in ordinary language the time, place, nature and cause of the injury …”Read the source: N.Y. Workers' Compensation Law § 18 (notice of injury or death)
- Fla. Stat. § 440.185 (notice of injury or death)“(1) An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless: (a) The employer or the employer’s agent had actual knowledge of the injury; …”Read the source: Fla. Stat. § 440.185 (notice of injury or death)
- 29 C.F.R. § 1904.35 (employee involvement in injury recordkeeping)“(b) Implementation —(1) What must I do to make sure that employees report work-related injuries and illnesses to me? (i) You must establish a reasonable procedure for employees to report work-related injuries and illnesses promptly and accurately. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness; … (iv) You must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness. (2) Do I have to give my employees and their representatives access to the OSHA injury and illness records? Yes, your employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations, as discussed below.”Read the source: 29 C.F.R. § 1904.35 (employee involvement in injury recordkeeping)
- Tex. Lab. Code § 408.001 (exclusive remedy)“(a) Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee. (b) This section does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer's gross negligence.”Read the source: Tex. Lab. Code § 408.001 (exclusive remedy)
- Tex. Lab. Code § 406.002 (coverage generally elective)“(a) Except for public employers and as otherwise provided by law, an employer may elect to obtain workers' compensation insurance coverage. (b) An employer who elects to obtain coverage is subject to this subtitle.”Read the source: Tex. Lab. Code § 406.002 (coverage generally elective)
- Tex. Lab. Code § 406.033 (suits against employers without coverage)“(a) In an action against an employer by or on behalf of an employee who is not covered by workers' compensation insurance obtained in the manner authorized by Section 406.003 to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment, it is not a defense that: (1) the employee was guilty of contributory negligence; (2) the employee assumed the risk of injury or death; or (3) the injury or death was caused by the negligence of a fellow employee. … (c) The employer may defend the action on the ground that the injury was caused: (1) by an act of the employee intended to bring about the injury; or (2) while the employee was in a state of intoxication. (d) In an action described by Subsection (a), the plaintiff must prove negligence of the employer or of an agent or servant of the employer acting within the general scope of the agent's or servant's employment.”Read the source: Tex. Lab. Code § 406.033 (suits against employers without coverage)
- Tex. Lab. Code §§ 417.001, 417.002 (third-party liability; recovery in a third-party action)“§ 417.001. (a) An employee or legal beneficiary may seek damages from a third party who is or becomes liable to pay damages for an injury or death that is compensable under this subtitle and may also pursue a claim for workers' compensation benefits under this subtitle. (b) If a benefit is claimed by an injured employee or a legal beneficiary of the employee, the insurance carrier is subrogated to the rights of the injured employee and may enforce the liability of the third party in the name of the injured employee or the legal beneficiary. … § 417.002. (a) The net amount recovered by a claimant in a third-party action shall be used to reimburse the insurance carrier for benefits, including medical benefits, that have been paid for the compensable injury. (b) Any amount recovered that exceeds the amount of the reimbursement required under Subsection (a) shall be treated as an advance against future benefits, including medical benefits, that the claimant is entitled to receive under this subtitle.”Read the source: Tex. Lab. Code §§ 417.001, 417.002 (third-party liability; recovery in a third-party action)
- Tex. Civ. Prac. & Rem. Code ch. 33“§ 33.001: In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. § 33.012(a): If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility. § 33.012(b): If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements. § 33.012(c): Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or (2) a percentage equal to each settling person's percentage of responsibility as found by the trier of fact.”Read the source: Tex. Civ. Prac. & Rem. Code ch. 33
- 29 C.F.R. § 1910.22 (walking-working surfaces: general requirements)“(a) Surface conditions. The employer must ensure: (1) All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition. (2) The floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. … (3) Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.”Read the source: 29 C.F.R. § 1910.22 (walking-working surfaces: general requirements)
- 29 C.F.R. § 1904.39 (employer reports of deaths and serious injuries to OSHA)“(a) Basic requirement. (1) Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. (2) Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA.”Read the source: 29 C.F.R. § 1904.39 (employer reports of deaths and serious injuries to OSHA)
- Tex. Lab. Code § 451.001 (discrimination against employees prohibited)“A person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers' compensation claim in good faith; (2) hired a lawyer to represent the employee in a claim; (3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or (4) testified or is about to testify in a proceeding under Subtitle A.”Read the source: Tex. Lab. Code § 451.001 (discrimination against employees prohibited)
- Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
This is general information, not legal advice.