What to do after a work injury
The first steps after a work injury: tell your employer in writing, get care, file the state claim and keep your papers. How deadlines differ by state.
Checked against official sources: October 31, 2026.
The first steps
Every state has its own rules, but the first steps are often alike. Tell your employer about the injury as soon as you can, and put it in writing. Get medical care, and tell the doctor that the injury happened at work. Ask for the state claim form, fill it in and keep a copy. Keep your papers: the notice, medical records, pay stubs and every letter from the insurer.
Deadlines differ by state
The time to tell your employer is not the same everywhere. Among the 35 states where the law gives a number of days, the shortest is 5 days (Alabama) and the longest is 180 days (Utah).
The time to file a claim also varies. Among the 47 states with a fixed time, the shortest is 60 days (Maryland) and the longest is 6 years (Utah and Wisconsin). A deadline can be counted from the injury, from the last payment or from another date, so read your state's rule.
Reporting an injury at work
Employers covered by OSHA's injury records rule must tell each employee how to report a work-related injury or illness. The reporting procedure must be reasonable. A procedure that would discourage a reasonable employee from reporting accurately is not reasonable.
Law: 29 CFR 1904.35(a)(1), (b)(1)(i)
Who handles your claim
If you work for a private company or for a state or local government, your workers' compensation claim is handled under your state's law, by your state's workers' compensation agency. Federal programs cover only some groups, such as federal employees and certain maritime workers.
These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.
What happens next
Your employer's insurer, not the state, usually decides first. If the insurer denies your claim or does not answer, the state agency and free legal help can explain your options. You do not have to wait for the insurer to start your own deadline clock: count from the date of the injury unless your state's rule says otherwise.
Pick your state for its numbers:
- Alabama
- Alaska
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Before you act
This guide is general information. It cannot tell you that you qualify or that a claim will be paid: the insurer, the state agency or a judge decides. Check the official sources on your state's page before you act.
Common questions
How do I report a work injury?
Employers covered by OSHA's injury records rule must tell each employee how to report a work-related injury or illness. The reporting procedure must be reasonable. A procedure that would discourage a reasonable employee from reporting accurately is not reasonable.
Who handles my workers' comp claim?
If you work for a private company or for a state or local government, your workers' compensation claim is handled under your state's law, by your state's workers' compensation agency. Federal programs cover only some groups, such as federal employees and certain maritime workers.
Free help
Free legal aid, your state workers' compensation agency and LawHelp.org can explain your options.