Guide

What to do after a workplace injury.

The first 30 days set both the workers' comp claim and any third-party case. Notice deadlines are statutory; witness recollection fades fast; and the WC insurer's first paperwork can quietly limit what you can later recover.

The first 24 hours

  1. Report the injury to your supervisor or HR in writing — text, email, or a signed incident report. Keep a copy.
  2. Get medical care. If your employer directs you to a specific provider, comply for the initial visit; you may have the right to change providers later.
  3. Tell every medical provider exactly how the injury happened. The medical record establishes causation; vague entries hurt the case.
  4. Identify witnesses and get their names and contact information.
  5. Photograph the scene, any equipment involved, and visible injuries.
  6. Preserve any defective equipment, broken parts, or protective gear that failed.

Within 7 days

  1. File the formal WC claim with the state agency — your employer's claim is not the same as your claim.
  2. Request a copy of the OSHA 300 log entry for the incident and any OSHA inspection records.
  3. Save copies of every WC form and medical record.
  4. Identify potential third-party defendants — equipment makers, contractors, drivers, premises owners.
  5. Consult both a WC attorney and a personal-injury attorney (sometimes the same firm). Third-party claims have shorter limitations periods than WC claims and require separate analysis.

Within 30 days

  1. Send preservation-of-evidence letters to any potential third-party defendants. Demand preservation of the equipment, maintenance records, and any video.
  2. Document lost wages with pay stubs, employer wage statements, and W-2 history.
  3. Keep every medical appointment. Gaps in treatment are used by WC insurers to argue improvement and discontinue benefits.
  4. Decline recorded statements to the WC insurer until you understand the claim.
  5. Track every out-of-pocket expense — mileage, prescriptions, medical equipment.

What not to do

  • Do not sign broad medical authorizations. Limit to the body part and treatment period at issue.
  • Do not sign a release or accept a lump-sum settlement without legal review.
  • Do not return to work without written medical clearance and accommodation that meets your restrictions.
  • Do not post about the injury, your activities, or your treatment on social media.
  • Do not let the employer talk you out of filing — informal handling commonly results in lost benefits and missed deadlines.
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Frequently asked questions

Sources

  1. [1]Workers' Compensation Notice Requirements — state surveyU.S. Department of Labor
  2. [2]OSHA Recordkeeping Requirements, 29 C.F.R. Part 1904U.S. Occupational Safety and Health Administration
  3. [3]Workplace Safety StatisticsU.S. Bureau of Labor Statistics

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