Workers' comp claim denied: what to do next
If the insurer denies or delays your workers' comp claim: read the letter, watch the deadline and use the dispute steps in your state. Free help is listed.
Checked against official sources: October 31, 2026.
Start with the letter
A denial or a delay usually comes first from your employer's insurer. Read the letter, find the date it was sent and any deadline it gives, and keep the envelope. Then look at your state's rule for disputes: the first step, the form and the deadline are different in each state.
What states say
Of the 47 states we cover, 42 name a form to start a dispute and 47 describe how disagreements about medical issues are handled. Many have a free office that explains the process.
Deadlines still run
A denial does not stop a deadline. If you have not filed your claim yet, the claim deadline may keep running while you wait for the insurer. Ask the state agency which date applies to you, and do not rely on the insurer alone.
Free help
- Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.
- The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.
If you work for the federal government or on the water
Federal employees and some maritime workers use a different system with its own forms and deadlines.
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
Who decides first on a 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.