Do I Have a Workers Compensation Case? 5 Questions to Ask

Getting hurt at work is stressful. Between dealing with pain, missing work, and worrying about bills, the last thing you want is confusion about whether you even have a case.

Workers compensation exists to help employees injured on the job, but not every workplace injury qualifies. Here's how to know if you have a valid workers comp case.

The most basic requirement is that your injury must be work-related. This includes:

If you slip on a wet floor in the warehouse, get burned in the kitchen, or hurt your back lifting boxes, these clearly happened at work.

Delivery drivers injured during deliveries, salespeople hurt while visiting clients, or construction workers injured at job sites all qualify.

Getting hurt while driving between job sites or running work errands typically counts. Your daily commute to and from work usually doesn't.

Carpal tunnel from typing, back problems from constant lifting, or hearing loss from loud machinery can all be work-related, even without a single accident.

If your injury happened at work or while doing your job, you likely have a case.

Workers compensation covers employees, not independent contractors. This distinction matters because:

• W-2 forms
• Taxes withheld from paychecks
• Set work hours or schedules
• Company equipment and tools
• Supervision and direction on how to do work

• Receive 1099 forms
• Pay their own taxes
• Set their own schedules
• Use their own equipment
• Control how they complete work

Some employers misclassify workers as independent contractors to avoid providing workers comp coverage. If you believe you were misclassified, you may still have a case.

Every state has deadlines for reporting workplace injuries. In New York, you generally need to report your injury to your employer within 30 days, though there are exceptions.

Late reporting doesn't automatically kill your case, but it makes things harder. The sooner you report, the better. If you didn't report immediately:

• You might still have a case if you have a valid reason for the delay
• Medical records linking your injury to work can help
• Witness statements about the accident strengthen your claim

Even if you think you missed the deadline, talk to a workers comp attorney. Extensions and exceptions exist for various situations.

Workers comp is a "no-fault" system, meaning you can usually get benefits even if the accident was partially your fault. However, certain behaviors can jeopardize your claim:

• Making a mistake
• Being distracted momentarily
• Not using perfect form when lifting
• Being new to the job

• Being intoxicated or under the influence of drugs
• Intentionally injuring yourself
• Starting a fight with a coworker
• Engaging in horseplay or roughhousing
• Directly violating safety rules (though this varies by state)

If you were doing your job—even if you weren't being perfectly careful—you likely still have a case.

You don't need extensive medical documentation to have a case, but you need something. This includes:

Going to the emergency room, urgent care, or your doctor shortly after the injury creates a medical record linking your injury to the incident.

A medical professional needs to identify what's wrong, whether it's a broken bone, herniated disc, concussion, or other injury.

If you continue seeing doctors, getting physical therapy, or taking prescribed medications, these records show your injury is real and ongoing.

Medical opinions about what you can and cannot do help support your claim for wage replacement benefits.

If you haven't seen a doctor yet, go now. Waiting makes it easier for the insurance company to claim your injury isn't serious or wasn't work-related.

You likely have a case if you experienced:

• Back or neck injuries from lifting, bending, or repetitive motions
• Slip, trip, and fall injuries at work
• Being struck by objects or equipment
• Repetitive stress injuries like carpal tunnel
• Injuries from defective equipment or machinery
• Burns, cuts, or other acute injuries
• Occupational illnesses from chemical exposure or hazardous conditions
• Aggravation of a pre-existing condition due to work duties

Your claim may face challenges if:

• You were injured during your commute (unless running work errands)
• The injury happened at a company social event off-site
• You were intoxicated when injured
• You intentionally hurt yourself
• You're an independent contractor, not an employee
• The injury has no connection to your work

Even in these situations, exceptions exist. Some company events are considered work-related, and misclassified contractors may still have claims.

Tell your supervisor or HR department. Put it in writing if possible.

See a doctor who can document your injury and its connection to work.

Save everything: accident reports, medical bills, doctor's notes, and correspondence with your employer.

Don't talk to the insurance company without understanding your rights.

If your claim is denied, your benefits are delayed, or you're unsure about the process. Most offer free consultations and work on contingency.

If you answered "yes" to most of these questions, you likely have a valid workers compensation case. The next step is connecting with an attorney who regularly handles cases like yours.

Dear Legal makes this simple. Instead of calling multiple law firms and explaining your situation repeatedly, answer a few questions about your injury and we'll match you with experienced workers compensation attorneys in your area who handle your specific type of case. There's no cost to use our service, and you're under no obligation.

Getting the right legal help can make the difference between a denied claim and receiving the benefits you're entitled to.