Hurt at work: workers' comp, third-party claims and what to do first

What do I do first if I get hurt at work?

Private employers reported 2.5 million workplace injuries and illnesses in 2024,⁵ and 5,070 workers died from work injuries that year.⁶ If you are one of the people hurt, these first steps protect you.

1. Get medical care. If it is an emergency, go to the ER. Tell them it happened at work.
2. Tell your supervisor in writing, even by text. Include the date, the place and how it happened.
3. Ask for the workers' comp claim form. In California, your employer must give or mail you one within one working day after learning of your injury.⁷
4. Photograph the place, the equipment and your injury. Get the names of co-workers who saw it.
5. Find your state's workers' comp agency and file what it requires. The U.S. Department of Labor links to every state and territory.⁸
6. Keep every medical note, pay stub and letter.

Workers' comp or a lawsuit: what is the difference?

These are two separate paths, and you may be able to use both. Workers' comp pays no matter who was at fault, but it does not pay everything. A third-party claim requires proof of fault, but it can ask for more.

Washington's labor agency says you are entitled to comp no matter who caused the injury.⁹ It says you may take legal action when someone other than your employer or a co-worker caused it.⁴ It gives examples: another driver in a collision,¹⁰ a general contractor if you worked for a subcontractor,¹¹ and the maker of a defective device.¹²

Keep this in mind: if you win a third-party claim, the comp insurer usually has to be paid back from it. In Washington, the agency must be reimbursed from any recovery.¹³ Some states also move fast on these claims. In Arizona, a third-party claim not brought within one year can pass to the insurer or employer.¹⁴

Construction accidents and trucks on the job

Construction sites often have several companies working side by side. That is why a construction accident can involve a third party even when your own employer pays comp. Think about the general contractor, a property owner, a scaffold company, or a machine maker. The same is true if you drive for work and another driver hits you. Do not assume comp is your only option.

How do I file a workers' comp claim, and by when?

There are usually two clocks: telling your employer, and filing with the state. Each state sets its own. These examples show how different they can be, so check your own.

Federal employees and some other groups have their own programs, run by the U.S. Department of Labor.¹⁷

When does workers' comp start paying lost wages?

It depends on your state. Many states have a short waiting period before wage benefits begin, and the benefit is usually a share of your pay, not all of it. In Washington, if you qualify and no more information is needed, the first check is sent within 14 days of receiving the report.¹⁸

People also ask when workers' comp offers a settlement, and how much they can get. Many claims stay open until your doctor says you have reached your maximum recovery. Some are then settled, and some states do not allow certain settlements. There is no national chart of what a body part is worth, and a calculator cannot tell you what your case is worth.

What evidence matters for a work injury?

• Your written report to your employer, with the date.
• Medical notes that say the injury came from your work.
• Names of co-workers, even if they are afraid to talk.
• Photos of the machine, the ladder or the floor.
• Pay records from before you were hurt, to prove what you earned.
• For third-party claims, contract papers that show who controlled the site.

Can I be fired or punished for reporting an injury?

Workers have the right to speak up, and it is illegal to punish you for a safety complaint. If your employer retaliated against you for using your OSHA rights, you can file a whistleblower complaint within 30 days.¹⁹ You can make an OSHA complaint orally or in writing, in any language.²⁰ Separately, your employer must report a work death to OSHA within 8 hours²¹ and a hospitalization, amputation or eye loss within 24 hours.²²

Your immigration status does not take away your right to a safe workplace.²³ In some cases, it may limit the remedies you can get.²⁴ State rules on comp benefits for undocumented workers differ. If you are worried about immigration, talk to an immigration lawyer before you make decisions. Workers who are victims of certain workplace crimes may be eligible for a U or T visa certification.²⁵

How do workers' comp rules differ by state?

Workers' comp is mostly a state system, so benefit amounts, waiting periods, doctor choice and deadlines all vary. Some states let certain employers opt out. Check your state's agency,⁸ or your state's pages on this site, before relying on any general rule.

When should I call a workers' comp lawyer?

Call if your claim was denied, your benefits were cut, your employer is pushing you to return too early, you were fired, or you have a lasting injury. Call too if another company or driver may have caused it, because the third-party deadline may be short. A lawyer can review it for free.

Common work injury mistakes

• Telling your boss in passing and not in writing.
• Waiting to see if the pain goes away.
• Telling the doctor it might have happened at home.
• Assuming comp is your only option.
• Settling your comp claim before thinking about a third-party claim.

Questions

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Guides

• Pain that shows up days after a crash: when to get checked
• Hit by a driver with no insurance: what you can do
• How long does a car accident settlement take?
• How contingency fees work and what you take home
• How much is my injury claim worth? The factors that decide it
• How to get a police report for a car accident, and what to do if it is wrong or missing