The benefits that are supposed to carry you while you heal

What workers' compensation is

Workers' compensation is a no-fault system: you don't have to prove your employer did anything wrong, and your employer doesn't have to prove you were careless. In exchange, you usually can't sue your own employer. Each state runs its own system. A few groups of workers are covered by federal rules instead: federal employees and people who work on docks have their own federal benefit programs, while railroad workers and ship crews bring a claim against their employer that does depend on showing it was at fault.

• Medical care for the injury or illness.
• Payments that replace part of your lost wages while you can't work.
• In many states, an extra award if the injury leaves lasting loss of use of part of your body.
• Benefits for the family if a worker dies.

Telling your employer isn't the same as filing a claim

In many states you must both notify your employer and, separately, file a claim with the state's workers' compensation agency. Each step has its own deadline. Put your notice in writing, keep a copy, and ask for the claim number. If nobody gives you one, the claim may not have been filed.

The insurance company's doctor

The insurer can usually send you to a doctor it chooses, for what is often called an independent medical examination. That doctor is paid by the insurer, and their report can be used to cut or stop your benefits. Go to the appointment, be honest and polite, and afterward write down how long it lasted and what was examined. Keep seeing your own doctor, and make sure their reports are sent in.

What a lawyer can charge

In New York, a workers' compensation lawyer's fee is set by law, approved by the Workers' Compensation Board and taken out of your award. You should never be asked to pay it yourself. Many other states work the same way. Because that fee is the board's to set, our firm doesn't take any part of it.

What helps to have ready

• Your claim number and the insurer's name.
• Every letter or notice about your claim, especially any denial or cutoff notice.
• Your written notice to your employer, or the date you told them and who you told.
• Your own doctor's name and any reports or work notes.
• Any report from the insurer's doctor, and your notes from that exam.
• Recent pay stubs showing your usual earnings, including overtime.

• What to have ready before you talk to a lawyer

  A short, practical list you can use for any kind of problem.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

This may also apply

• Disability benefits denied or stopped

  If you also have disability insurance through work and that claim was denied.

• Fired unfairly

  If you lost your job after reporting the injury or asking for benefits.

More about hurt at work

• Hurt at work: overview
• Construction site injuries