If you have been injured at work, you need to follow correct procedures that are sanctioned by the state in order to file the claim and have a successful claim for compensation.

You should usually report the injury to your employer and file a formal claim with the insurance company before the deadline set by your state. Always check what the rules are in your state before you file for a claim to ensure that you have everything covered and to make sure you file the claim on time. It is best to do it as soon as the injury has occurred to ensure a smooth process. Any and all employers are also expected to report any work-related injuries by the time set by whichever state workers' compensation board they are with. Be aware that every process for reporting an injury at work is totally dependent on what state you live in. In some cases the length of time you have to report a workplace injury can vary greatly from state to state. Yet, if someone in injured at work, they need to notify their employer within a specific period of time. The employer then needs to inform the insurer within another specific amount of time. Though it is the employer who is responsible for reporting the incident, employees are also responsible for ensuring the claim is accurate, and all information relative is 100% correct. To understand the types of injuries in the workplace, find more information here;



Filing For Compensation

When an incident happens, it is most ideal that the employer will file for compensation on the behalf of their worker. However, if this does not happen for some reason, then the worker needs to file for compensation themselves with a Work-Related Injury to Occupational Disease through worker compensation. This means that they will need to provide information on their work status, injuries and their employer. This type of form usually needs to be filed within a year of the date of the accident. There is an exception in the case that an accident happens that causes an illness that develops slowly over the course of time. Occupational diseases are required to be reported within a year of the date the employee was aware that they had this disease. In this case an ailment would have been caused by the work environment or activities required of the job.

Certain workplaces have a higher rate of occupational injuries due to the type of work that is conducted, thus why awareness is important. For example, oil workers have a higher chance of getting an oil-related disease due to the harmful chemicals and substances that they work with. People from Lone Star State never hesitate to call their Texas oilfield accident lawyers to help them build a strong case to get their compensation when they are not sure who is responsible yet. This is often seen when there are claims against companies as to who was responsible for the injury. In some cases, it may be a company that specializes in working with oil wells over a period of time, while in other instances it may be the worker that has not followed safety protocols.


How It Works

Be aware that if you miss the date the state sets for compensation claim deadlines, then it is possible that your claim for compensation may be denied. The typical process for a claim will usually be as follows;


The Employee…


  • Needs to inform their employer an injury has occurred with information on the date, time, injury type, and how the injury happened.
  • File a formal compensation claim for workers.


The Employer…


  • Is required to provide the employee with the adequate paperwork and assistance as is necessary in their state.
  • Must then file the claim for the injury with the insurance provider. This must all be done in accordance with the law of the state for reporting a workplace injury.



How Long Do You Have

In an ideal world, an employee should note an injury in the workplace to their employer as soon as an incident happens. A compensation claim will have a deadline dictated by the state. It is ideal to be aware of this timescale prior to any injuries, so you have this information. You should always check the rules of the state workers' compensation board for your state. In Iowa for example, you should report an injury within 90 days. However, in Florida and California, the deadline is 30 days. For those living in Colorado it is even shorter at 10 days. However, the timescale is also calculated based on the date of the injury, knowledge of the injury, and a doctors' assessment that an injury is workplace influenced.


Employers Reporting An Injury

When an employer has been informed of an injury in the workplace, they need to give guidance to the employee and assist them in reporting the incident. They also need to provide them with the adequate forms for filing the claim, these will be dictated by the state. They also are responsible for providing the employee with information on their rights as an employee and any workers’ comp benefits as well as any information regarding a return to work prior to an injury.