How do I apply for workers comp? You tell your employer, you file a claim form and you get care from an approved doctor. Each step has its own deadline. Missing one can cost you the claim.
How do I apply for workers comp, step by step
- Tell your employer in writing. Give the date, the time, what happened and every body part that hurts.
- Get the claim form. In California, your employer must give or mail it within one working day of learning about the injury.
- Fill it out and file it. In New York, you file Form C-3 with the Board, online or by mail. In Texas, you send DWC Form-041 to the state.
- See a doctor your state allows and say the injury happened at work.
- Keep a copy of everything you send, with the date.
If you have questions about the doctor rules, read how workers comp works.
The deadlines in five states
There are two clocks. One is for telling your employer. The other is for filing the claim with the state or the court.
New York adds a warning: if 30 days pass and you have not told your employer, you may lose your rights. Texas wants the claim form within one year of the injury. All states are on workers comp laws by state.
What happens after you file
The insurer looks into the claim and decides. You should hear back fast.
In California, the claims administrator must tell you within 14 days if the claim is accepted or still being checked. If your employer does not deny the claim within 90 days, it is presumed covered. While it decides, you may get up to $10,000 in medical care.
In Pennsylvania, the insurer has 21 days from your notice to accept or deny the claim or to start temporary checks.
In Texas, call the state a week or two after you send the form to make sure it arrived.
How long does it take to get workers comp
The first check comes a few weeks after you stop working, if the claim is accepted.
- Pennsylvania: within 21 days of your first missed day, if you reported fast.
- Indiana: the first check should be mailed 15 days after the injury.
- Idaho: usually within 28 days of the injury, unless the claim is denied or still being checked.
- Hawaii: no later than the 10th day after the employer learns of the disability, unless it is disputed.
What the check pays is on temporary total disability. To estimate the amount, use the weekly check calculator.
If your employer won't help
Some employers stall or say it is not a comp case. You can still file. In California you can get the claim form from the state's forms page. In New York and Texas, you file with the state yourself.
If you were punished for reporting, read about workers comp retaliation. If the claim is turned down, read how to appeal a denial.
People also ask
Can I file a claim myself?
Yes. In most states you can file without your employer's help and without a lawyer.
What if I told my employer late?
File anyway and explain why. Some states excuse a late notice for a good reason, but do not wait any longer.
Do I need a lawyer to file?
Not to file. Many workers call one when a claim is denied or checks stop. The fee is capped by state law and comes out of the benefits won.