Every state
Workers' compensation attorneys near you
Injured on a shift — lifting, transfers, needlesticks, repetitive strain, assaults.
Deadline, in general
Report to the employer within days of the injury; file the claim commonly within one to two years.
Workers' compensation covers injuries that happen because of your job, regardless of who was at fault. It pays for medical treatment, part of the wages you lose while you cannot work, and a permanent disability award if the injury leaves lasting damage. In exchange you generally cannot sue your employer directly for the injury.
Two clocks start the moment you are hurt. You are generally expected to tell your employer within thirty days, and a claim generally has to be filed within one year of the injury. Injuries that build up over time — a back that gives out after years of transfers, a shoulder worn down by repetitive lifting — are covered too, and the dates are measured differently for those.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —You were hurt on a shift and your employer has not given you a claim form.
- —You were told the injury is "not work related" or to use your own health insurance.
- —Your claim has been denied, or treatment your doctor asked for was refused.
- —You are being pushed back to full duties before you are ready.
- —Your hours were cut, or you were let go, after you reported the injury.
What an attorney generally does here
- —Get the claim filed and on the record before the deadline passes.
- —Challenge a denial and push back on refused treatment.
- —Make sure a cumulative injury is described as one, not treated as a one-day event.
- —Check whether anyone other than the employer is also responsible.
- —Deal with the permanent disability rating rather than accepting the first one offered.
The deadline
Report to the employer within days of the injury; file the claim commonly within one to two years. Set by Your state’s workers’ compensation statute.
For an injury that develops over time the clock generally runs from when you knew, or should have known, that the work caused it. Late reporting does not automatically end a claim, but it hands the insurer an argument, so it is worth asking early rather than assuming it is too late.
Worth gathering first
- —The date and a description of how the injury happened.
- —Whatever you sent your employer, and whatever they sent back.
- —The DWC-1 claim form if you were given one.
- —Every medical record, including the first urgent care visit.
- —Your pay records for the period before the injury.
- —Names of anyone who saw it, or who knew you were hurt.
If you work in care
This is the single most common legal problem in home care and facility work. Lifting and transfer injuries, needlesticks, exposure, and assaults by a client are all workers’ compensation matters. For IHSS providers the question of who the employer is — the county, the recipient, or an agency — changes how the claim is filed, and it is worth getting that right at the start.
Common questions
Can I be fired for filing a workers’ comp claim?
Retaliating against someone for filing a claim is prohibited under Labor Code section 132a, and a separate claim can be brought for it. Employers rarely announce that is what they are doing, so the timing and the paper trail matter.
What does workers’ compensation actually pay?
Medical treatment for the injury, temporary disability payments covering part of your lost wages while you cannot work, a permanent disability award if damage remains, and in some cases a voucher toward retraining.
My claim was denied. Is that the end?
No. A denial is the start of a dispute, not the conclusion of one, and there is a process for challenging it. The deadlines for doing so are short.
My back gave out after years of lifting, not in one incident. Is that covered?
Cumulative trauma and repetitive-strain injuries are recognised in most states. They are described differently on the paperwork than a single-event injury, and getting that description right at the outset matters.
Related
Related reading
From our archive, on the situations that lead here.
Injured at Work as a Caregiver in California: What To Do First
Hurt on a shift in home care or a facility? The 30-day reporting rule, the one-year claim deadline, what workers comp pays, and what to do when a claim is denied.
Do I Need a Lawyer After a Car Accident in California?
When a California car accident needs an attorney and when it does not, the 10-day DMV report, uninsured motorist claims, and what to say to the adjuster.
IHSS for Spinal Cord Injury in California: Services, Hours, and How to Qualify
Californians with spinal cord injuries can qualify for IHSS covering personal care, bowel and bladder care, paramedical services, and domestic assistance.
IHSS for Traumatic Brain Injury in California: Services, Eligibility, and Hours
Californians with TBI can qualify for IHSS for personal care, domestic services, and protective supervision based on functional limitations from a county assessment.
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.