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
- Report the injury to your supervisor or HR in writing — text, email, or a signed incident report. Keep a copy.
- 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.
- Tell every medical provider exactly how the injury happened. The medical record establishes causation; vague entries hurt the case.
- Identify witnesses and get their names and contact information.
- Photograph the scene, any equipment involved, and visible injuries.
- Preserve any defective equipment, broken parts, or protective gear that failed.
Within 7 days
- File the formal WC claim with the state agency — your employer's claim is not the same as your claim.
- Request a copy of the OSHA 300 log entry for the incident and any OSHA inspection records.
- Save copies of every WC form and medical record.
- Identify potential third-party defendants — equipment makers, contractors, drivers, premises owners.
- 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
- Send preservation-of-evidence letters to any potential third-party defendants. Demand preservation of the equipment, maintenance records, and any video.
- Document lost wages with pay stubs, employer wage statements, and W-2 history.
- Keep every medical appointment. Gaps in treatment are used by WC insurers to argue improvement and discontinue benefits.
- Decline recorded statements to the WC insurer until you understand the claim.
- 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]Workers' Compensation Notice Requirements — state survey — U.S. Department of Labor
- [2]OSHA Recordkeeping Requirements, 29 C.F.R. Part 1904 — U.S. Occupational Safety and Health Administration
- [3]Workplace Safety Statistics — U.S. Bureau of Labor Statistics