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Workers compensation

How to File for Workers’ Comp in Every State in 2024

Written by
A drawing of the lead workers' compensation lawyer for Atticus.
Victoria Muñoz
Lead Attorney
October 23, 2023  ·  41 min read
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If you get injured at work, make sure you receive any necessary medical care and report your injury to a supervisor, manager, or employer as soon as possible. The next step is to file a workers compensation claim, but how that happens depends on where you live.

Each state sets its own workers’ comp claim rules. In most places, your employer should file a claim for you. You may have the option to file a claim yourself, and your workers’ comp doctor or lawyer may also be able to file your claim.

To help you get through the claim process and back to work as soon as possible, Atticus has put together this state-by-state guide to filing for workers’ comp.


Who qualifies for workers’ comp?

Most workers who get injured or sick on the job qualify for workers’ compensation, which covers medical bills and lost wages while they’re out of work.

The exact qualifications vary by state, but full-time and part-time employees are almost always covered. Seasonal workers and certain volunteers (like firefighters) are covered in certain areas. Independent contractors, freelancers, and gig workers don’t qualify in many cases.

Even though independent contractors don’t qualify for workers’ comp benefits through their employer, some companies classify their employees incorrectly. Your state government’s website should have more on how it defines contractors and employees.


What injuries qualify you for worker’s comp?

Most on-the-job injuries and illnesses can qualify for workers’ comp and it doesn’t matter whose fault the injury was. Workers’ comp covers you whether the injury was your fault or your employer’s.

Common examples of injuries that qualify for workers’ compensation:

  • Slips, trips, and falls

  • Injuries and illnesses caused by repeated stress, like overexertion, tendinitis, or back pain

  • Injuries from contact with worksite objects, such as a ladder falling on you

  • Exposure to harmful environments or substances, like an infectious disease, toxic chemicals, or radioactive items

  • Injuries caused by other people or animals at work

  • Transportation accidents, such as a car crash


How to file for workers’ comp in every state

The table below allows you to jump to your state’s guide on filing for workers’ comp. Keep in mind that each state also has two separate time limits — known as statutes of limitations — to consider: how long you have to report an injury to your employer and how long you have to file a claim. After you file, you also have the right to follow up with your employer, their insurer, or your state’s workers’ comp department.

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

If you ever run into issues or just have questions about the process, a workers’ comp lawyer can help (your first consultation is completely free). Take our quick workers’ comp quiz to see if you could benefit from guidance from a lawyer in your area.

Atticus has answers to your workers' comp questions.

How to file for workers’ comp in Alabama

If you get hurt on the job in Alabama, notify your employer in writing as soon as possible. Alabama only gives you five days to report your injury and it needs to be in writing.

After you let your boss know about your condition, it’s up to them to file the claim with their insurance within the two-year claim time limit. They’ll file using these three forms:

  • WC Form 2 (First Report of Injury): A report of your injury that explains what happened and when it happened

  • WC Form 3 (Supplementary Report): A summary of the disability payments you’ll receive under workers’ compensation

  • WC Form 4 (Claim Summary Form): Another summary of your disability payments

When you get medical treatment under workers’ comp in Alabama, talk to your company about the doctor you should see for your treatment. You must visit a workers’ compensation doctor that your employer chooses if you want to get medical coverage that’s fully covered by insurance.

Your wage coverage payments will cover you starting from your fourth day of missed work if the state accepts your claim.


How to file for workers’ comp in Alaska

You have 30 days to report your workplace injury to your employer in Alaska, but sooner is better than later. Fill out the “Employee Report of Occupational Injury or Illness to Employer” form found on this page.

Make sure to share the following details with your supervisor:

  • Your name and address

  • The time, place, nature, and cause of your injury

  • A notice of authority to release your medical records

After your employer gets this form from you, they’ll complete the “Employer Report of Occupational Injury or Illness to Division of Workers’ Compensation” form. You can find that on the same webpage as the employee form. Then your employer will send their form to Alaska’s Division of Workers’ Compensation and let their insurance know about your claim.

You have two years from your injury to file. Once your claim is approved, you’ll get disability benefits covering your lost time, starting with your fourth day of missed work.


How to file for workers’ comp in Arizona

Arizona requires you to notify your employer about your injury as soon as possible. Report the injury in writing and keep a copy for your own records.

You have one year to submit a claim, and you have two options for filing a workers’ comp claim in Arizona:

  • Submit a claim yourself: Complete the “Worker’s Report of Injury” and mail it to the Industrial Commission of Arizona address at the top of the form. You can also fax the form to the Industrial Commission at (602) 542-3373.

  • Submit a claim with a doctor: Ask the doctor treating your work injury to fill out the “Worker’s and Physician's Report of Injury” with you. If your employer is self-insured, you’ll need to see the doctor they choose for you. If they’re not self-insured, you can choose your own doctor after the first visit.

Your employer will also fill out an “Employer’s Report of Injury” form, but this doesn’t count as a claim. Its only purpose is to have a report of your injury.

After your claim gets accepted, you’ll receive wage-replacement benefits. These start paying out after you miss seven calendar days of work.


How to file for workers’ comp in Arkansas

When filing in Arkansas, let your employer know about your injury as soon as possible using Form N. Make sure to include as much information as possible in your initial report, because it will help you remember the details of your accident more clearly later on.

After you report your injury, your employer will notify their insurance using the Form 1 (First Report of Injury or Illness). Then their insurance will contact the state board to start your claim. You have a time limit of two years to file a claim from the date of your injury.

Once your employer, their insurer, and the state accept your claim, you’ll start to get wage-replacement payments. These should cover all missed work days starting with your eighth missed day or work.


How to file for workers’ comp in California

California gives you 30 days to report your workplace injury to your employer. The law requires that you give written notice.

Once you tell your supervisor about your injury, they should give you the Workers’ Compensation Claim Form (DWC 1) within one day. Complete the employee section of the form and return it to your employer so they can fill out their section.

If you need to mail this form to your employer, the DWC recommends using certified mail with a return receipt requested — so that you have proof of delivery.

Your employer should complete their part of the form, submit it to their insurance, and provide you with a copy of the completed form. The insurance company will have 14 days to notify you by mail whether it’s accepting or rejecting your claim.

You have one year from your injury to file your claim. If your employer’s insurance accepts your claim, you’ll start receiving lost-wage benefits after you’ve missed three calendar days of work (even if they aren’t consecutive days).

If you have issues getting payments or the medical coverage you need, a California workers’ comp lawyer can help you get the benefits you’re entitled to. They can also help you negotiate the best possible settlement.


How to file for workers’ comp in Colorado

Act fast if you get injured on the job in Colorado because you have only 10 days to report it to your employer. Notice of your injury also need to be in writing.

Once you give your employer that report, it’s your responsibility to file a claim as well. File the Worker’s Claim for Compensation (WC15) with the Division of Workers’ Compensation using the contact information on the instructions page within two years of your injury.

If the Division of Workers’ Compensation accepts your claim, you’ll get ongoing disability benefits in the form of medical coverage and weekly payments. Your payments won’t start until you miss three shifts of work.


How to file for workers’ comp in Connecticut

After a workplace injury or illness, Connecticut’s requires you to notify your employer as soon as possible. It’s best to give a written report of your injury, though the state doesn’t strictly require it. This approach will help you make the most detailed report possible and to create a paper trail throughout the process.

You’ll also need to complete a separate claim form — Form 30C. Make two copies of your completed form and send one to your employer and the other to the Workers Compensation Commission District Office for the town where you got injured. The form includes a map showing which district each county belongs to for your reference.

We recommend that you send both copies through registered or certified mail so that you receive a return receipt. That receipt gives you proof that your form was delivered. If you want to submit your form in person, make sure the person who receives it gives you written confirmation that they’ve received your form.

After you miss work for three calendar days, you’ll officially become eligible to receive payments covering your lost wages. The date of your injury doesn’t count as a missed work day.

If there are any issues with your claim, payments, medical coverage, or if you want help negotiating a fair settlement, a Connecticut workers’ comp lawyer is your best option.


How to file for workers’ comp in Delaware

Delaware workers have 90 days to notify their employers about a workplace injury or illness. It’s best to let them know in writing as soon as you can so you can report accurately and get your benefits sooner.

Once you notify your employer, they should submit a First Report of Occupational Injury or Disease to their insurance within 10 days. Their insurance will then let you know if they will accept or deny the claim. If the insurer accepts it, you and your employer will sign an agreement that lays out what your injury was, how much you’ll receive in benefit payments, plus when those benefits start and end. As an example, see this Agreement As to Compensation Paid that the state of Delaware offers.

You can start getting benefits to cover your wages once you miss three calendar days of work.

Most of the paperwork is your employer's and their insurer’s responsibility. You do not have to submit a claim yourself. However, if your employer or their insurer does not complete a step of the process, you have the right to contact a lawyer to ensure they finish it. Also keep in mind that a claim needs to be filed within two years of your accident or you lose access to benefits.


How to file for workers’ comp in the District of Columbia

The process for filing for workers’ comp in Washington, D.C., varies depending on whether you’re a private sector or public sector employee, but you generally have 30 days to report your injury and one year to file a claim. Benefit payments also won’t start until you’ve missed three calendar days of work.

Private sector employees

First, you need to report your injury to your employer by completing Form No. 7 DCWC within 30 days of your accident. Send a copy to your employer, keep a copy for your own records, and send the original to the Office of Workers’ Compensation.

Next, you have one year to file a workers’ comp claim using Form No. 7A DCWC. Your employer may give you a physical copy of the form after you notify them of your injury. Again, keep a copy of the complete form for yourself and send the original to the District of Columbia Office of Workers’ Compensation. Your benefits payments generally need to start within 14 days of filing your claim.

Public sector employees

Public sector employees in Washington, D.C., have two options for reporting and injury and also filing a workers’ comp claim:

  1. File electronically using the ERisk website.

  2. File over the phone by calling 202-442-HELP (202-442-4357).

Whichever option you choose, you will first report the injury or accident, and then you can file an actual claim. Both options are also available to use at any time, day or night.

Federal employees

U.S. government employees can file for workers’ comp benefits through the Department of Labor, not the District of Columbia. Use the Employees’ Compensation Operations and Management Portal (ECOMP) to begin the process.


How to file for workers’ comp in Florida

In Florida, you have 30 days to report a workplace injury or illness to your employer. Sooner is better than later though, especially if you want to get benefits quickly. While Florida doesn’t require you to report in writing, a written report will help you make the best case if you get denied benefits.

Once you tell your employer about the incident, they should give you a copy of First Report of Injury (DFS-F2-DWC-1) to fill out and return to them. Your employer will send the completed form to their workers’ comp insurance company, which will accept or deny your claim.

If your employer or their insurer fails to complete any of the steps in this process, you can call 1-800-342-1741 or email wceao@myfloridacfo.com to get help from the Employee Assistance Office.

After your claim is approved, you’ll get benefits and payments to cover your wages starting once you’ve missed seven days of work.


How to file for workers’ comp in Georgia

Workers in Georgia have 30 days to notify their employers about a workplace injury or illness. Notify your employer as soon as possible to ensure you give the most accurate details of what happened. Give the notice in writing and save a copy of it for your own records if possible.

Next you’ll need to file for workers’ comp yourself. (Unlike most other states, your employer will not file a claim for you.) So after you notify your employer, fill out Form WC-14. Send the finished form to the State Board of Workers’ Compensation at the address in Section E, then send copies to your employer and their insurance company.

Even after you file your form, you may need to wait for benefits. Georgia only provides wage replacement checks after you miss seven calendar days of work. If your payments are late or if you have difficulty getting the benefits you’re entitled to, reach out to a Georgia workers’ comp lawyer for assistance.

Learn more in our guide to Georgia workers' comp.


How to file for workers’ comp in Hawaii

Hawaii requires employers to report any injury that causes an employee to miss one or more days of work and requires more than first aid. You should report workplace injuries and illnesses to your employer in writing as soon as you can. Include plenty of details and keep a copy for your personal records.

After you report to your employer, they’ll send Form WC-1 to the state and give you a copy. Your employer should file a workers’ comp claim on your behalf; you don’t have to submit a claim yourself.

If for some reason your employer doesn’t file a claim, you have two years after the effects of your injury appear and five years after your accident. That means, for example, that if you experience an illness that takes a few years to show effects, you can still file a claim as long as you do it within five years of the accident.

You’ll start receiving benefit payments after your claim is approved and after you’ve missed three calendar days of work.


How to file for workers’ comp in Idaho

In Idaho, you have 60 days to report a work illness or injury to your employer. You’ll make the best case for workers’ comp benefits by reporting as early as you can and with detailed, written notice.

Once your employer knows about your accident, they’re required to submit a First Report of Injury or Illness to the state. The Industrial Commission recommends helping your employer fill it out for better accuracy. (A detailed injury report will make this easier.) If your employer doesn’t submit the form, you can file it yourself by submitting it to the Industrial Commission’s Boise office.

You have one year to file a claim in Idaho, whether your employer completes it or you send it yourself. If you qualify and your claim is approved, you’ll get your first workers’ comp check once you miss five calendar days of work.


How to file for workers’ comp in Illinois

According to Illinois law, workers have 45 days to report an illness or injury to their employer. We recommend notifying them as soon as possible and in writing. These two measures will help you give the most detailed information and build a stronger case if your claim is denied later on.

After you tell your employer about your injury, they will notify their insurance company and file a digital workers’ comp claim with the state Workers’ Compensation Commission.

Once your claim is approved, you are eligible to receive weekly benefit checks as long as you’ve missed at least three days of work.

If you have questions or if you run into issues — like missing payments, denied medical coverage, or a settlement offer that’s less than you need — an Illinois workers’ comp lawyer can help you get the benefits you’re entitled to.


How to file for workers’ comp in Indiana

After a workplace injury or illness, Indiana gives you 30 days to report it to your employer, in writing. Missing that deadline will disqualify you from workers’ comp benefits. We recommend notifying your employer as soon as you can and including a smooch detail as possible in your notice. Save a copy for your records.

From there, your employer will submit the First Report of Employee Injury to the state Workers’ Compensation Board. You can confirm if your employer submitted the form using this website. If you decide not to file a claim immediately, Indiana has a time limit of 2 years for filing a claim.

If your claim is approved, you’ll qualify for medical coverage (all bills related to your injury) and weekly benefit checks to cover some of your lost wages. Those payments don’t start until you’ve missed seven calendar days of work. The Workers’ Compensation Board also has 15 days after your accident to mail your first check.


How to file for workers’ comp in Iowa

As an injured worker in Iowa, you have 90 days to let your employer know about your condition. We recommend notifying them as soon as you can and in writing. An early and written notice will make the filing process easier and make it easier to challenge any denials.

Your employer or their representative should file a claim for you after you notify them. The time limit to file a workers’ comp claim in Iowa is two years from the date of your accident. All claims are filed through the Division of Workers’ Compensation’s online system.

If your claim is approved, you can start receiving weekly benefit payments as long as you’ve missed at least three calendar days of work.


How to file for workers’ comp in Kansas

If you get hurt or sick on the job in Kansas, you have 20 days to report it to your employer. We suggest you give the notice in writing as soon as you can. The Kansas Department of Labor requires these reports to include the time and date of the injury, who was injured, where it happened, and a description of what happened. Include as much detail as possible and keep a copy for your personal records. This will make it easier to file a claim and help you later on if your claim is denied.

Your employer will then notify their insurance company, which will submit a claim through the state’s online platform, OSCAR. You shouldn’t have to file yourself. Your employer should also give you their insurer’s contact information after you report your injury.

Kansas gives you three years to file a claim. If your employer refuses to file a claim or if you run into other issues, you can contact the state’s Workers’ Compensation Division. A workers’ comp lawyer can also help you fight for the benefits you’re entitled to.

Even after your claim is approved, you will only get benefit payments after you miss seven calendar days of work.


How to file for workers’ comp in Kentucky

To qualify for workers’ compensation, Kentucky law requires you to report an injury or illness to your employer as soon as possible. We suggest that you provide a written report even though the law doesn’t require it. Keep a copy for your records in case your claim goes to court. If you can’t offer a written notice right away, you can tell your employer about your accident and then follow up with a notice in writing.

Your employer will contact their insurance company after you give them notice. From there, the insurance will take care of the filing process. You don’t have to fill out any filing forms yourself. The deadline to file a claim is two years from your accident so if you run into delays, keep that date in mind.

If the insurer denies your workers’ comp claim, the Kentucky Education and Labor Cabinet does offer denial appeal forms that you can complete to dispute the decision. At that point, we also recommend talking with a Kentucky workers’ comp attorney. They’ll know how to appeal and how to give you the best odds of winning a claim.

If your employer’s insurer approves your claim, you’ll gain medical coverage for care related to your injury or illness. You’ll also receive weekly payments to replace your lost work income. However, those payments don’t start until you’re out of work for seven calendar days.


How to file for workers’ comp in Louisiana

In Louisiana, you have 30 days to tell your employer about any workplace injury or illness you experience. Give them written notice as soon as possible to give yourself the highest chances for a successful case.

Once you notify your employer, they’ll report it to their workers’ comp insurance company using First Report of Injury or Illness (Form LWC-WC IA-1). Your employer has 10 days to complete and send that form. From there, the insurer will file a claim to the state’s Office of Workers’ Compensation Administration. You shouldn’t need to file a claim form yourself.

Throughout this process, keep in mind that you have one year to file a workers’ comp claim in Louisiana. If your claim gets approved, you’ll qualify for wage benefits after you miss work for seven calendar days.


How to file for workers’ comp in Maine

Maine gives you 60 days to report your work illness or injury, but it’s best to notify your employer as early as you can. Under state law, you need to provide a written and signed notice. Include as many details as you can about your injury and keep a copy for your records.

Your employer will complete an Employer's First Report of Occupational Injury or Disease after you notify them. They’ll have seven days to complete that form and send it to the state Workers’ Compensation Board. If they fail to do this, contact Maine’s Workers’ Compensation Board and ask to get in touch with a Troubleshooter. The deadline to complete the filing process is one year from your workplace incident.

Within 14 days of you giving notice, your employer’s insurance must send you your first payment for lost wages or send you a Notice of Controversy. You qualify for lost wage benefits once you miss work for seven or more calendar days.


How to file for workers’ comp in Maryland

As a Maryland worker, you have 10 days to report an injury or illness you sustained on the job. We recommend that you inform your employer as soon as possible and do it through a written notice. The more detail you give, the easier it will be for your employer to report it to their insurance. Keep a copy in your records.

Next, complete the Maryland’s online workers’ comp claim form (Form C-1) to submit a claim. You have two years from the date of your injury or illness to file. As you do that, your employer or their insurance company will submit the Employer’s First Report of Injury online.

You’ll qualify for workers’ comp payments once you’re out of work for three or more calendar days. If your claim is denied, you run into other issues, or you need to negotiate a settlement, a local Maryland workers’ comp lawyer can help you.


How to file for workers’ comp in Massachusetts

Massachusetts has a four-year statute of limitations for filing a workers’ comp claim, but it requires you to notify your employer about your injury as soon as you can. Give them a notice in writing and keep a copy of that notice for your personal records.

It’s up to your employer to handle the claim filing paperwork once you let them know about your injury. They’ll fill out the Employer’s First Report of Injury, Illness or Death (Form 101) using the state’s online system. That form will then go to the Department of Industrial Accidents and your employer’s insurance company. You should also receive a copy.

If your employer fails to file a claim for you, file an employee’s claim (Form 110) with your employer’s insurer. Mail the completed form to the Department of Industrial Accidents at the address on the form. Give your employer a copy as well.

Once your claim is approved, you’ll qualify for benefit payments after you miss work for five calendar days. Should you run into any issues, a workers’ comp lawyer in Massachusetts will know how to get through the process and maximize your benefits.

Learn more in our full guide to Massachusetts workers’ compensation.


How to file for workers’ comp in Michigan

When you get hurt or sick on the job in Michigan, you have 90 days to report it to your employer. We recommend that you tell them as soon as possible and that you do it in writing. Include as many details as possible and keep a copy of the notice.

Your employer and their insurer are supposed to handle the rest of the claim filing process after you report to your employer. First, your employer will complete the Employer’s Basic Report of Injury (WC100) and send it to their insurance company. Then, the insurer will file the claim with the state Workers’ Disability Compensation Agency.

In cases where your employer or their insurance doesn’t file a claim, you can fill out the Employee’s Report of Claim (WC117) and send it directly to the Department of Labor and Economic Opportunity. Send the form using certified mail with a return receipt. If your employer is refusing to file, you may also want to work with a Michigan workers’ comp lawyer.

You have two years from your injury to complete the claim filing process. Workers in Michigan qualify for benefit payments after they miss work for seven calendar days because of their injury.


How to file for workers’ comp in Minnesota

When you get hurt or sick on the job in Minnesota, you have 14 days to report it to your employer. The state requires you to tell your employer with a written notice. Include as many details as you can, sign it, and keep a copy for your own records.

When your employer learns about your incident, they’ll notify their insurance company and file a First Report of Injury with the state’s Workers' Compensation Division to start the process of filing a claim. The insurer will then approve or deny the claim.

If you need to miss work for three or more calendar days because of your injury, you can qualify for wage coverage benefits — payments to replace lost income. Even if you don’t need to miss work, you may qualify for medical coverage.

Minnesota gives three years after your employer submits their report of injury to file a workers’ comp claim. Again, your employer and their insurance should handle this for you. If your injury or illness takes time to show effects, there is a deadline of six years past the date of your incident to file a claim.


How to file for workers’ comp in Mississippi

In Mississippi, workers have 30 days to report a workplace injury or illness to their employer. While the state doesn’t require you to give the notice in writing, a written and signed report will help you make a stronger case. Include as much information about the incident as possible and make sure to keep a copy for yourself.

You’ll then have two years from the day of your injury to complete the filing process.

After your employer learns about your injury or illness, they’ll complete a First Report of Injury or Illness and send it to their insurance company and the state Workers’ Compensation Commission. Your employer or their insurer should file your claim.

You can qualify for payments to cover missed work time once you miss work for five calendar days.


How to file for workers’ comp in Missouri

If you get hurt or sick on the job in Missouri, you need to give your employer a written report of the incident within 30 days. The law states that your notice should include the time, place, and nature of your injury, as well as your name and address. Add as many other details as possible and keep a copy for yourself.

Next, your employer will have five days from your report to notify their insurance company. The insurance company will then have 30 days to file a claim with the state using the First Report of Injury or Illness. That means you shouldn’t need to file a workers’ comp claim yourself. If one of these groups fails to complete their part of the process, you have grounds to take legal action.

Missouri gives two years from the date of your accident to file a claim. If your claim is approved by the insurer, you’ll get benefit payments as soon as you’ve missed work for three calendar days.


How to file for workers’ comp in Montana

Let your employer know about your work injury or illness as soon as possible. Montana gives you 30 days to report, but it’s easier to give full details if you notify them quickly. Give your notice in writing and keep a copy for your records.

You’ll then have one year from your accident to finish the filing process. Filing a claim takes effort from you, your employer, and their insurer. You need to complete the “Worker” section of the First Report of Injury form and give it to your employer. They’ll fill out their section and pass it on to their insurer to complete and file.

If your claim is approved by the insurance company, you’ll qualify for medical benefits. As long as you miss at least 32 hours or four days of work, you’ll also get weekly payments to cover your lost wages.


How to file for workers’ comp in Nebraska

Nebraska law requires you to notify your employer about a workplace illness or injury as soon as possible. You also need to give them a written notice with the time, place, and cause of your injury. Add as many details as you can and keep a copy.

After you notify your employer, it’s their responsibility to handle the rest of the filing process. Either they or their insurance company will file a First Report of Alleged Occupational Injury or Illness using Nebraska’s online filing system.

Once your employer’s insurance accepts your claim, they’ll offer medical coverage for any care you need related to your injury. Then you’ll qualify for weekly workers’ comp payments once you miss work for seven calendar days.


How to file for workers’ comp in Nevada

Nevada gives you seven days to give notice of a workplace injury or illness to your employer. Ask your employer for a copy of Form C-1 to fill out. You’ll need to provide details about yourself, the incident, and the names of any witnesses.

From there, the filing process starts with an appointment with a workers’ comp doctor from the Panel of Treating Physicians and Chiropractors, where you’ll complete Form C-4. Actually filing a Nevada workers’ comp claim begins with Form C-4 (not Form C-1). The doctor you see will have three working days to send the completed form to your employer and their insurance company. All of this needs to happen within the state’s 90-day limit.

After your claim is approved, you’ll get medical benefits immediately. You may need to wait to get weekly benefit payments because Nevada requires you to miss work for either five consecutive days or five total days within a 20-day span after your injury.


How to file for workers’ comp in New Hampshire

New Hampshire gives you two years to report a work injury to your employer. We recommend notifying your employer as soon as possible. You can use the Notice of Accidental Injury or Illness and include as much detail as you can about the incident. Keep a copy for your personal records too.

You have three years from the date of your incident to finish filing for workers’ comp in New Hampshire, which requires two forms. One if a form you need to fill out and give to your employer: Notice of Accidental Injury or Illness. Then your employer will submit the Employer’s First Report of Injury or Occupational Disease to the state by mail or electronically.

Depending on when you file, you may have to wait to get your workers’ comp benefit payments. You’ll only qualify for payments once you miss work for three calendar days.


How to file for workers’ comp in New Jersey

New Jersey workers have 14 days to notify their employers about work injuries and illnesses. The state doesn’t require you to provide your notice in writing, but it can help your case in the long term.

The process of actually filing a workers’ comp claim is your employer’s responsibility. After you notify them, they’ll contact their insurance company, which will file a First Report of Injury through New Jersey’s online workers’ comp system.

The deadline to file a claim is two years from the date of your accident. If your employer or their insurer fails to handle their part of the process, a New Jersey workers’ comp lawyer will know how to fight for the benefits you deserve. A lawyer can also help if your claim is denied or if you need to negotiate a settlement.

After your employer’s insurer approves your claim, you’ll get medical benefits and then you’ll start getting weekly payments once you miss five calendar days of work.


How to file for workers’ comp in New Mexico

Report your workplace injury or illness to your employer quickly if you live in New Mexico. You have 15 days to notify them and the state requires you to give written notice. Use this as an opportunity to document everything you can about your incident. After you inform your employer, you’ll both complete a Notice of Accident form.

From there, if your injury causes you to miss work for at least seven calendar days, your employer must file a First Report of Injury electronically with the Workers’ Compensation Administration. These days can be consecutive or spread out over time. Your employer’s insurance company will be in touch about what medical care it’ll cover. You qualify for weekly workers’ comp payments once you miss five calendar days of work.


How to file for workers’ comp in New York

New York gives you 30 days to notify your employer of a work injury or illness. Under state law, you need to let them know with a written notice that includes the following:

  • Your name and address

  • The time and place where you got sick or injured

  • The nature and cause of your injury (more detail is better)

From there, you’ll have two years from the date of the incident to finish the filing process. Unlike most states, filing is your responsibility in New York. Completing the Employee Claim (Form C-3) online is easiest but you can also print and mail the PDF version. You’ll fill out information about yourself, your employer, your job, your injury, and your medical treatment.

You’ll qualify for weekly benefit payments once you miss work for seven calendar days.

If you have any questions about the filing process, your claim is denied, or you need to negotiate a settlement, talking with a workers’ comp lawyer in New York is your best option.

For more help, Atticus also has a New York state workers’ comp guide.


How to file for workers’ comp in North Carolina

When you get hurt or sick on the job in North Carolina, the law gives you 30 days to report it to your employer. State law also requires you to give it as written notice with the date of your injury and a description of what happened. We recommend giving as much detail as possible and keeping a copy for your personal records. That will make it easier to file and can help later if your claim is denied.

From there, you shouldn’t need to fill out any more paperwork to file a claim. Your employer will contact their workers’ comp insurance company, which will file your claim with the state. The insurer will file electronically and has two years from the date of your incident to file.

If the two-year deadline is approaching and your claim still hasn’t been filed, reach out to the insurance company and the state Industrial Commission. A North Carolina workers’ comp lawyer can also help you get through the process and fight for the benefits you deserve. (They can also help if your claim is denied or the insurer wants you to negotiate a settlement.)

Once the insurance accepts your claim, you can qualify for medical coverage and weekly workers’ comp payments as soon as you’ve missed work for seven calendar days due to your injury.


How to file for workers’ comp in North Dakota

North Dakota gives you seven days from the date of your workplace accident to report an injury or illness. While the state doesn’t require you to give notice in writing, we still recommend it. A detailed written notice will give you a paper trail in case you run onto issues or your claim is denied. Keep a copy for your records.

To formally file a workers’ comp claim in North Dakota, either you, your employer, or your treating physician must fill out the First Report of Injury. The process will be smoother if all three of you can work together. Ask your employer to give you a list of Designated Medical Providers (DMP) for the company and see one of these doctors for treatment. If you don’t see an approved workers’ compensation doctor, you could lose the chance to get workers’ comp coverage.

After your claim gets approved, you’ll qualify for weekly workers’ comp payments once you miss work for five calendar days due to your injury.


How to file for workers’ comp in Ohio

In order to qualify for workers’ comp in Ohio, you need to report a work injury or illness to your employer as soon as possible. The state doesn’t give a specific deadline, but waiting too long could mean losing eligibility. Notify your employer in writing and include as many details as you can about what happened and your condition. Keep a copy for your own records.

Then you’ll have one year from the date of your accident to file a workers’ comp claim using the First Report of Injury (FROI) form. You, your workers’ comp doctor, your employer, your worker’s comp lawyer, or another person involved with your case can file the claim. The Bureau of Workers’ Compensation lets you file online, through the mail, or over the phone. If you file with your doctor, they can submit the form directly for you.

After claim approval, you’ll qualify for weekly benefit payments once you miss work for seven calendar days. Most claim decisions happen within a month.

If your claim is denied or your employer wants you to agree to a settlement, an Ohio workers’ comp attorney can help you get the full benefits you deserve.


How to file for workers’ comp in Oklahoma

In Oklahoma, you have 30 days to notify your employer after a work injury or illness and one year to finish filing a claim.

While Oklahoma doesn’t require it, providing a written notice to your employer with details of your injury will make filing a claim easier. It could also help if your claim is denied later on. Make sure to keep a copy for your records.

Once you tell your employer about your condition, it’s also up to you to file a workers’ comp claim. Mail the proper form to the Workers’ Compensation Court of Existing Claims using the address listed on top of the form. Most workers will file Form 3, which is for workers filing a claim regarding a job-related injury. But if you have an occupational disease like asbestosis or silicosis, file Form 3B.

After you miss work for seven calendar days, you’ll become eligible for weekly workers’ comp payments. You’ll also get medical coverage for required care or treatment.


How to file for workers’ comp in Oregon

Oregon gives workers 90 days to notify their employers if they got sick or injured on the job. But the sooner you report something, the faster you can qualify for workers’ comp benefits.

In Oregon, your official report to your employer and your workers’ comp claim form are the same. Complete your part of Form 801, which you can download here, and have your employer fill out their section. Once it’s complete, your employer will send it to their insurance company within five days. If you get medical help for your injury, fill out Form 827 (found on the same page as Form 801) with your doctor.

We recommend notifying your employer as soon as you can so that you have a better chance of remembering all the details of what happened.

Your employer’s insurer has 60 days after you notify your employer to approve or deny your claim. Once the insurance approves your claim, you can qualify for weekly payments to cover lost wages once you’ve missed three calendar days of work. If your claim is denied, you have 60 days to appeal. A workers’ comp lawyer can help you appeal. They can also help if you run into other issues or need to negotiate a settlement.


How to file for workers’ comp in Pennsylvania

Pennsylvania workers have 21 days from the date of their injury or illness to inform their employers. Give your employer a written notice that includes as many details as possible about your injury and keep a copy for yourself.

Next, your employer is supposed to file for workers’ comp on your behalf once you miss one day or shift of work due to your condition. They’ll submit a First Report of Injury form to the Bureau of Workers’ Compensation. The deadline to file a claim is three years.

If you move quickly, you could get your first workers’ comp check within 21 days of your first missed day of work. You don’t officially qualify for these payments until you miss work for seven calendar days, but your employer and insurer will also take some time to process your claim.

For help appealing a denial, quickly dealing with other issues, or negotiating a settlement, we recommend talking with a Pennsylvania workers’ comp lawyer. (Your first consultation is free and then you still never have to pay anything unless they help you win benefits.)


How to file for workers’ comp in Rhode Island

If you’re a Rhode Island worker who got injured or sick on the job, you have 30 days to report it to your employer. The state requires you to give them a written notice including these details:

  • The time and place of your injury

  • The nature of your injury, such as where it is on your body and what symptoms you have

  • The cause of your injury

  • Your name and address

  • Your signature or a signature from someone representing you

Include as many details as you can and keep a copy of this notice for your records. It could become useful if your employer’s insurance denies your claim.

After you give this notice to your employer, the rest of the claim paperwork will happen on your employer’s insurer’s side. They’ll submit a First Report of Injury to the state electronically for you. The deadline to file a claim is two years from your accident.

You’ll qualify for workers’ comp payments and medical coverage after you’re out of work for three calendar days, but the time it takes to receive your first check depends on the insurance company’s processing time.


How to file for workers’ comp in South Carolina

In South Carolina, you have 90 days from the date of your workplace injury, illness, or exposure to notify your employer. Provide a written notice with as many details about your injury as you can remember. Keep a copy for your records in case your run into issues or get denied and need to appeal.

From there, file a workers’ comp claim with the Workers’ Compensation Commission using Form 50, which you can find at this link. Your employer might file a workers’ comp claim for you, so make sure to communicate with them. If they’re taking too long or refusing to file, you can do it yourself. You have two years from the date you got hurt or sick to file.

You are eligible for weekly payments to cover your lost wages as soon as you’ve missed seven calendar days of work. You’ll get your first check after this period and when your claim finishes processing.

If you run into difficulties with your application, if your claim is denied, or if your employer’s insurance asks you to negotiate a settlement, it’s a good idea to talk with a workers’ comp lawyer from South Carolina. Your first consultation will be free and they’ll be able to tell you quickly what the best next steps are.


How to file for workers’ comp in South Dakota

You have three days to report any work injury or illness in South Dakota. Report it to your employer with a written notice that explains when, where, and how your injury happened. Include as much detail as you can remember and keep a copy of this notice for your records.

After you report an injury, your employer is responsible for submitting a claim within seven days. They’ll use the state’s First Report of Injury Management System. If they refuse to report, you can call the Division of Labor and Management at (605) 773-3681 to ask them to file for you. The deadline to file a claim is two years from the date of your accident.

If your claim is approved by your employer’s insurance, you’ll qualify for lost wage payments once you miss work for seven calendar days. You may need to wait a bit longer however, because your employer’s insurance needs to process the claim and send your payment.


How to file for workers’ comp in Tennessee

If you need to file for workers’ comp in Tennessee, the first step is to report a work injury or illness to your employer within 15 days. If you miss that deadline, you can’t file a claim. Under state law, you need to give written notice. Includes your name and address plus the time, place, details, and cause of your accident. Hold onto a copy of this notice because it could help later on if your claim is denied.

After you report an injury to your employer, filing a workers’ compensation claim is their responsibility. They’ll complete a First Report of Injury (Form C-20) and send it to their insurance company. Then the insurer will approve or deny your claim. The deadline to file a claim is one year from the date of your accident. If your employer is refusing to file, we recommend reaching out to the state Bureau of Workers' Compensation directly.

A lawyer can also help you through the process.

You’ll officially qualify for weekly workers’ comp payments once you miss work for seven calendar days, but it may take longer to get your first check due to processing times.

If you have issue filing a claim, if your claim is denied, or if your employer wants you to accept a settlement, we suggest talking with a Tennessee workers’ comp lawyer. Your first consultation is free and they’ll be able to help you with next steps.


How to file for workers’ comp in Texas

Texas is the only state that doesn’t require employers to have workers’ compensation insurance. If your job does offer coverage, the first step to filing a claim is to report your injury to your employer within 30 days. We recommend that you notify them in writing, include as much detail as possible, and save a copy for your records.

You and your employer will both have roles to play in the filing process from there.

You should send DWC Form-041, the Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, to the Division of Workers’ Compensation within one year of your accident. You can call the Division at (800) 252-7031 to check if they received it. Due to mail processing times, it could take a week or two to arrive.

Your employer will file DWC Form-011, the Employer’s First Report of Injury or Illness, with their insurance company. They’ll have eight days after your first missed day of work to submit it.

Weekly workers’ comp payments can’t start until you’ve missed at least seven calendar days of work, but your wait could be longer depending on your employer’s and their insurer's responsiveness.

Should you run into issues or if you just need help at any point in the process, a Texas workers’ comp lawyer is your best option. Your first consultation will be free and even if you agree to work with them, you won’t pay anything until after you win benefits.


How to file for workers’ comp in Utah

From the day of your workplace illness or injury, you have 180 days to notify your employer. That’s one of the most generous time limits in the country, but we recommend reporting it as soon as possible. Tell your employer through a written notice, include as many details as you can remember, and then keep a copy for your records.

When you tell your employer about your condition, they’ll have seven days to report it to their insurance with a First Report of Injury form. From there, the insurance company will have 14 days to report to the government. They’ll also make a decision on approving or denying your claim. The deadline to finish filing a claim with the state of Utah is six years.

You’ll technically qualify for workers’ comp payments after you miss work for three calendar days of work. However, it may take a few weeks to get your first benefits check.

For help with filing, appealing a denial, or negotiating a settlement, talk with a workers’ comp lawyer (your first consultation is free and there are no upfront costs if you do agree to hire them).


How to file for workers’ comp in Vermont

Vermont workers should act quickly if they get sick or injured on the job. The law requires you to report your injury to your employer as soon as possible.

Give your employer written notice of your condition with plenty of details and keep a copy for your records. A written report will give you documentation to use later if you have any issues getting benefits.

Once you let your employer know about your injury or illness, it’s up to them to file a First Report of Injury (Form 1) with their insurance company. If they refuse or fail to file for you, you can send Employee’s Notice of Injury and Claim for Compensation (Form 5) to the address at the top of the form. The time limit to file a claim is six months.

The amount of work you need to miss to qualify for weekly payments depends on whether you get paid on the day of your injury. If you did get paid your regular wages that day, you’ll wait four days to become eligible. If you didn’t get paid full wages that day, you’ll have to wait three days.

If you need help with the filing process, a workers’ comp attorney can help you (your first consultation is free).


How to file for workers’ comp in Virginia

Virginia law gives you 30 days to inform your employer that you got hurt or sick at work. Reporting it sooner will mean getting benefits faster. The state requires you to report your condition in writing, including these details:

  • Your name and address

  • The time and place of the accident that caused your condition

  • The nature and cause of the accident and your condition

Include as much detail as you can records and keep a copy for your records.

Next, your employer will file the First Report of Injury with their insurance company. On your end, you’ll submit the Claim for Benefits Form to the Virginia Workers’ Compensation Commission. You can file in person, by mail, by fax, or through the WebFile system. You’ll have two years from the date of your accident to finish filing.

If your employer’s insurance accepts your claim, you’ll become eligible for disability benefits once you miss work for seven calendar days. You may need to wait longer to get your first payment, depending on how long it takes to process your claim.

If your claim is denied, you have 60 days to appeal and we recommend talking with a workers’ comp lawyer. They’ll know how to maximize your chances of getting your claim approved.


How to file for workers’ comp in Washington

After a workplace injury or illness in Washington, you should report it to your employer as possible. Waiting too long could disqualify you from benefits. Provide a written notice with your contact information and details about your accident and injuries. Keep a copy for your records. T It could help if your claim is denied or you run into other issues.

You have one year from the date of your accident to file a workers’ comp claim. This process depends on if your employer is self-insured or not. If they are self-insured, ask your employer how to file with them directly. Otherwise, you’ll file a Report of Accident through FileFast online or by calling (877) 561-FILE (3453). You can also file at your workers’ comp doctor’s office.

You’re eligible for weekly benefit checks after you miss work for three calendar days. It may take longer for you to get your first payment depending on how long it takes to process your claim.


How to file for workers’ comp in West Virginia

West Virginia has short timelines for the workers’ comp filing process. The law requires you to report your injury as soon as possible and then gives you six months to file. Missing either deadline will mean missing out on benefits.

The first step is to notify your employer of your injury with a written notice that includes these details:

  • Your employer’s name and address

  • Your name and address

  • The time, place, details, and cause of your condition

  • Whether the injury left you totally disabled (unable to do any work) for a temporary basis

After you notify your boss, the rest of the process is a collaborative effort between you, your doctor, and your employer. Your employer will file the Employers’ Report of Occupational Injury or Disease (OIC-WC-2). Meanwhile, you’ll work with your doctor to complete the Employees’ and Physicians’ Report of Occupational Injury or Disease (OIC-WC-1). You can find both of these forms on the West Virginia Offices of the Insurance Commissioner’s website.

You’ll qualify for lost wage benefits (weekly payments) after you miss work for three calendar days. It may take longer to get your first check depending on how long it takes for your claim to come through.

For help navigating the process, getting medical care, appealing a denial, or negotiating a settlement, reach out to a workers’ compensation attorney.


How to file for workers’ comp in Wisconsin

Under Wisconsin law, you have 30 days to inform your employer of your accident and two years to finish the filing process.

First, notify your employer as soon as you can about your injury. Report it writing, include as much detail about your accident and injury as possible, and hold onto a copy for yourself. You may need that information later if your claim is denied.

Next, your employer must notify their insurance within seven days. Together, they are responsible for filing for workers’ comp on your behalf from there. The law requires them to file a First Report of Injury or Disease electronically within 14 days of your injury.

You’ll become eligible for benefit checks once you miss work for three calendar days, and many workers get their first check within 14 days of their accident.

If your claim is denied, if you run into other issues, or if you want help navigating the process, a Wisconsin workers’ comp attorney can help you.


How to file for workers’ comp in Wyoming

Work quickly if you get hurt or sick on the job in Wyoming.You have only three days to report to your employer. We suggest that you provide written notice with details about your condition and the incident that caused it. Keep a copy for your records in case you come across any challenges later on.

While the legal time limit to file a claim is two years, the Wyoming Department of Workforce Services requires you to submit a Report of Injury within 10 days of your accident. The Department prefers that you complete this form with your employer. You can mail your finished report to the Division of Workers’ Compensation or email them using the contact information at the bottom of the form.

You’ll become eligible for weekly workers’ comp payments to cover your lost wages once you miss work for three calendar days. The state requires you to apply for these benefits separately using the official application.


Frequently asked questions about workers’ comp benefits

How much are workers’ comp payments worth?

Workers’ compensation is generally worth up to two-thirds of your pre-injury wages, but exact rates vary by state. Read more about how much workers’ comp pays in each state.

How long will my workers’ comp benefits last?

How long your benefits last varies by state, but you usually have until you reach maximum medical improvement. There are also long-term options if you can’t return to work after injury.

How long does workers' comp cover medical bills?

Workers’ comp medical benefits generally last until you reach maximum medical improvement. At that point, if you qualify for long-term (permanent disability) benefits, you’ll likely receive a settlement offer to help cover future medical care and lost wages.

What if I disagree with changes to my benefits?

If you disagree with any changes to your benefits, like after an independent medical exam or functional capacity evaluation, contact a local workers’ comp lawyer to learn your options. You can likely appeal a decision or negotiate higher benefits.

Will a workers’ comp lawyer help me get better benefits?

A workers’ comp lawyer can help you negotiate for more or higher benefits. As an example, the average workers’ comp settlement is double times higher for people who have an Atticus lawyer versus people who don’t have legal representation. Those gains also more than offset the cost of a lawyer.

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Related resources:

How to Find a Good Workers’ Comp Lawyer

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By Victoria Muñoz

What a Workers’ Comp Lawyer Does That You Can’t

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By Victoria Muñoz

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Victoria Muñoz

Lead Attorney

Victoria Muñoz is an attorney on Atticus’s Workers' Compensation team. She’s a licensed attorney, a graduate of Stanford Law School, and has counseled hundreds of people seeking workers' compensation. In her free time, she enjoys hiking and spending time with her pup.
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