How Do I Get Workers’ Compensation in My State?

Top

Submitted by jam on

Workers’ compensation represents an insurance policy companies purchase to pay for the costs associated with workplace accidents. Virtually every state requires businesses to buy workers’ comp insurance, but the process for filing a claim differs a bit between the states. However, workers that file a claim for workers’ compensation insurance follow many similar steps regardless of where they live. One of the most important things to do if your employer fails to uphold its responsibility to pay workers’ comp benefits involves working with an attorney.

Does My State Require My Employer to Have Workers’ Compensation?

Despite what many employees think, worker’s compensation is not a federal program that helps employees pay for the costs associated with a workplace accident. Instead, workers’ comp is managed at the state level in 49 of the 50 states. As of April of 2022, Texas remains the only state that does not require employers to purchase workers’ compensation insurance.

Review the guidelines each state has established for workers’ comp coverage in each of the 49 states that require companies to participate in the program.

How Do I File a Workers’ Compensation Claim in My State?

Every state has established a series of steps that both workers and employers must follow after a workplace accident. Although a few minor steps differ among the states, how to file a workers’ compensation claim is similar for workers in each of the 49 states that require company participation in the program.

    Get Medical Care

    Getting medical care is the most important step for a worker to receive compensation that covers the costs of diagnostic tests, treatment programs, and physical therapy sessions. You should seek medical attention even for what appears to be minor injuries. A few injuries such as whiplash and brain trauma sometimes do not develop symptoms until hours or even days after a workplace accident. The healthcare provider providing medical care is important in getting a workers’ compensation claim approved.

    A comprehensive medical report is an official document that describes your injuries, as well as the prognosis of you making a full or partial recovery.

    Report Injuries to Your Employer

    Reporting your injuries to your employer is important because it initiates that claim process. Your employer must give you the forms required to start a workers’ comp claim. Notifying your employer also gets your employer’s insurance company involved, which is important because your employer’s insurance company conducts an investigation into the validity of your workers’ compensation claim. Most states have set a deadline of 30 days after a workplace accident for an employee to inform an employer about the incident.

    File a Workers’ Compensation Claim

    After your employer gives you the required documents to file a workers’ comp claim, complete the claim form and make sure to fill in every section. If you fail to complete each section, the workers’ compensation board in your state might recommend the denial of your claim. Your employer submits your paperwork to the state workers’ compensation board. Some states require an injured worker to submit a workers’ comp claim.

Complete a Free Case Evaluation

Even if you believe your claim should be approved by your employer's insurance company, many businesses contest claims to avoid having to pay higher premiums. By working with a workers’ compensation attorney, you may be able to receive the legal support you need to submit a persuasive workers’ compensation claim.

Complete a free Case Evaluation today to get in touch with an independent participating attorney who may be able to help you get the compensation you deserve.

Additional Resources