Every state has a Workers’ Compensation system that provides medical, rehabilitation, disability income, and death benefits to anyone who becomes injured or ill while working.  Worker’s compensation is a no-fault system, meaning you collect the benefits without having to prove who is at fault for your injury.  The tradeoff is that you are not able to sue your employer for any damages from covered injuries.  Some employers though discourage their employees from filing a claim or actively fight claims because even though all employers are required to pay into the fund their rates will rise in correlation to the number of claims filed by its employees.

STEP 1 – Unless it is an Emergency Notify Your Employer
In an emergency you should seek immediate medical attention; all states allow a worker to go to any doctor in the event of an emergency.  Your employer should provide you with workers’ compensation forms and may also direct you to their medical provider if it is a non-emergency.  By promptly notifying your employer of an injury this may help protect your rights as well, later it may act as proof that the injury happened at work if you have to fight it.

STEP 2 – Seek Medical Care
If your employer has a medical provider you may be required to use your employer’s doctor.  You should be told which doctor to see when you report your injury.   If not, you may choose your own doctor.  Some states allow for a second opinion if you are required to see an employer referred doctor as well as seeing the doctor of your choice after a specified number of days after the injury.

STEP 3 – Return the Workers’ Compensation Forms to Your Employer
To ensure that your medical costs are covered you should promptly return to your employer any forms you were given by your employer or by the doctor.  Some states may have a set number of days in which the claim must be filed as well.  If your employer does not fight your claim they will give you the rest of the information that you need to process your claim.

STEP 4 - Know what Benefits you should be Receiving
Worker’s compensation programs may pay for any rehabilitation, job training, disability income or other non-medical costs associated with your injury.  Make sure that you are aware of what your state requires and that your employer provides you with all of the payments you are entitled to.

STEP 5 – Consult with an Attorney
Consult with a lawyer if your case is complex, if it is a serious injury, or if your company refuses to acknowledge that you have a claim or takes retaliatory action against you.  Employers are not allowed to fire, transfer or demote an employee who files a claim.  Most worker’s compensation claims are brought through a state administrative agency and not the court system.  If you are planning on filing a claim you should look to hire an attorney who is experienced in the administrative procedures.

Workers are entitled to compensation for common job related injuries such as falls, illnesses due to long term exposure to chemicals and other harmful products, as well as injuries incurred during job related travel or social functions.  If your employer is attempting to coerce you into not filing a claim, or is fighting your claim you should see an attorney immediately.  If you agree to not file a claim in return for some immediate compensation you may be jeopardizing future benefits due to the injury.  To protect your right to a full recovery from any work related injury you should contact an attorney.