Being injured at work can bring your life to a sudden halt. The pain, uncertainty, and financial stress can feel overwhelming — especially if you’ve never filed a workers’ compensation claim before. Fortunately, in the U.S., every state has laws to protect injured employees. If you know your rights and follow the correct steps, you can access medical care, wage replacement, and long-term support.
Let’s walk through what the process of claiming a work accident actually looks like — from reporting the incident to appealing a denied claim.
What qualifies as a work accident in the U.S.?
A work accident doesn’t have to be catastrophic to qualify for compensation. It includes any injury or illness that occurs as a result of your job duties — from a slip in the break room to long-term damage caused by repetitive tasks.
For example, if you experience hand pain due to repetitive work, you might qualify for compensation, as explained in this article on workplace injuries caused by repetitive motion.
More obvious injuries — such as falls from scaffolding or machinery accidents — are also covered under workers’ compensation laws in most states.
What should I do immediately after a workplace injury?
The first step is notifying your supervisor or HR department as soon as possible. Most states give you between 3 and 30 days to report a workplace injury, but the sooner you act, the stronger your case will be.
If your employer doesn’t report your claim or denies that the injury happened at work, you have options. Learn more in this guide on how to respond to a denied work accident claim.
After reporting it, seek medical attention. Some employers have a list of approved doctors. Make sure to tell the doctor the injury happened at work — this ensures your treatment is documented properly for insurance.
How do I file a workers’ compensation claim?
Once you’ve reported the injury and received initial care, your employer should give you a claim form. You’ll need to:
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Complete the form with accurate details about how the injury happened
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Submit it to your employer or state board
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Keep a copy for your records
After submission, your employer forwards the claim to their insurance carrier. That insurer then investigates and determines whether to approve or deny the claim.
If you’re not sure what paperwork to expect, you can review the standard process for claiming a work accident.
What benefits can I receive from a workers’ compensation claim?
If your claim is accepted, you’ll be eligible for a range of benefits:
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Full medical coverage for injury-related treatments
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Wage replacement — usually around 66% of your regular salary
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Permanent disability payments if the injury results in lasting limitations
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Rehabilitation or job retraining, if you can’t return to your previous duties
The exact amount can also depend on the body part affected. For instance, there’s a standardized value if you lose a finger, hand, or eye. You can explore this in the compensation table for work accidents.
What if my injury results in permanent damage?
When an injury results in permanent partial or total disability, you may be entitled to additional compensation. This depends on your state’s schedule of injuries.
For example, the value of a finger or an eye is predetermined in many states. See this detailed article on how much each finger is worth in a workplace accident caseor the value of an eye injury.
What if my claim is denied?
Don’t panic — denied claims are not the end of the road. In most states, you can appeal the decision. This usually involves:
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Requesting a hearing before a workers’ compensation judge
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Presenting additional medical evidence or witness testimony
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Possibly working with a lawyer to strengthen your case
This guide on how to fight a denial explains what to do if the insurer refuses to pay.
Can I be fired for filing a workers’ compensation claim?
No. It’s illegal for employers to retaliate against workers for filing a legitimate claim. If you’re fired, demoted, or harassed because you sought compensation, you may have grounds for a wrongful termination lawsuit.
Learn more in this article on your rights when you face employer retaliation.
Do undocumented workers qualify for workers’ compensation?
Yes — in most U.S. states, immigration status does not affect your right to receive compensation for a work injury. You are still entitled to:
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Medical treatment
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Wage replacement
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Disability payments
This is especially relevant in industries like construction or agriculture. For more, check this resource on workers’ compensation rights for undocumented immigrants.
FAQs About Claiming a Work Accident
How long do I have to report a work accident?
Varies by state — but typically 3 to 30 days to notify your employer. Don’t delay.
Can I choose my own doctor?
In some states, yes. In others, you must choose from an approved list. Ask your employer for the rules in your state.
What if I can return to work, but on light duty?
You may receive partial benefits if your new job pays less than your previous one.
Do I need a lawyer to file a claim?
Not always, but if your claim is denied or your injury is serious, it’s highly recommended. Most offer free consultations.
What happens if my employer doesn’t carry workers’ comp insurance?
Some states have an Uninsured Employers Fund that may cover your claim, or you can sue your employer directly.
If you suffer from work accidents, don’t miss the opportunity to stand up for your legal rights with a lawyer and receive the benefits you deserve by law. Contact Conexión Legal today at 1866 701 1220, or write to our WhatsApp for completely free legal advice.}
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El equipo de redactores de Conexion Legal está compuesto por un grupo de abogados especialistas en casos de accidentes de tránsito, laborales e inmigración para latinos. Cada miembro del equipo cuenta con amplia experiencia en su área de especialización, y todos ellos están comprometidos en ofrecer la mejor información y asesoramiento legal a la comunidad latina.