What is workers' compensation and how do I file a claim?

Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026

Workers' compensation is state-required insurance that pays benefits when a job injures you or makes you sick. It covers medical bills, part of your lost wages, and rehab, no matter who was at fault. The trade-off: you generally can't sue your employer over the injury.

Report the injury to your employer right away

Most states give you a set window to report, often 30 to 90 days from the injury or diagnosis. Late reporting is one of the top reasons claims get denied. Report in writing and keep a copy.

It covers more than accidents

Beyond falls and machinery, workers' comp can cover repetitive-stress injuries like carpal tunnel, occupational illnesses like lung disease from chemical exposure, mental-health conditions from work trauma, and, in some states, COVID-19.

You get medical treatment and partial wage replacement

Workers' comp pays for reasonable, necessary medical care tied to your injury, plus a share of lost wages, typically 60 to 70 percent of your average weekly pay. Some states also cover job retraining.

Firing you for filing is illegal

Retaliation for filing a workers' comp claim is against the law in every state. If you're fired, demoted, or harassed after filing, that may be a separate retaliation claim.

You can appeal a denial

A denial isn't the end. Many denied claims get overturned on appeal. The process varies by state but usually involves a hearing before an administrative judge. A workers' comp lawyer can help with the appeal.

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Sources & primary references

NotALawyer.com provides general legal information, not legal advice.