Your rights
I was hurt at work. How do I get workers' compensation?
Key takeaways
- Workers' comp generally pays your medical care and part of the wages you lose after a work injury, without your having to prove anyone was at fault.
- Tell your employer within 30 days, in writing, in California, Texas, New York and Florida. Then file the claim: within 1 year with the Texas Division of Workers' Compensation, within 2 years with the New York Workers' Compensation Board.
- With a covered employer, workers' comp generally takes the place of a lawsuit. Texas employers may choose not to carry it, and then you can sue.
If you were hurt on the job, workers' compensation is usually how your medical bills get paid and part of your lost pay is replaced. Each state runs its own system. In the states compared here it is generally no-fault: you do not have to prove your employer did anything wrong, and your benefits are not cut because you were careless, with a few exceptions, such as an injury caused by your own intoxication or one you caused on purpose. In return, an employer that carries workers' comp generally cannot be sued over the injury.
Below: what workers' comp pays, the federal program for federal employees, a side-by-side comparison of the deadlines and agencies in California, Texas, New York and Florida, what to do first, what the insurance adjuster may say, what happens if your claim is denied, your protection against being fired for filing, and when people hire a workers' comp lawyer and how the fee is paid.
What workers' comp pays, and who runs it
- Tell your employer
- 30 daysIn California, Texas, New York and Florida
- File the claim
- 1 to 2 yearsDepends on the state; see the table below
- Fault
- Not requiredWith a few exceptions
- Who pays
- The employer's insurerOr an employer approved to self-insure
Mostly your state. The U.S. Department of Labor says people hurt on the job while working for a private company or a state or local government should contact their state workers' compensation agency. Benefits are paid by the employer's insurance company, or by an employer approved to insure itself. The state agency oversees the system and helps settle disputes; in Texas, for example, the Division of Workers' Compensation says it does not pay benefits itself.
What workers' comp usually pays:
- Medical care for the work injury, paid by your employer or its insurer. California says this applies whether or not you miss time from work. New York says not to pay the doctor yourself or use your own health insurance for it.
- Part of your lost wages while you cannot work, roughly two-thirds of your pay, often after a short waiting period (see the wage table).
- Payments for lasting harm, and in some states help going back to work: for example, California's permanent disability benefits and job displacement vouchers, and Texas's impairment and supplemental income benefits.
- Death benefits for the family of a worker who dies from a job injury or illness.
Federal employees: the FECA program
If you work for the federal government, your claim goes to the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP) under the Federal Employees' Compensation Act (FECA), not to a state. It pays medical care, part of your lost wages and help returning to work. You file Form CA-1 for a traumatic injury (one event during one work shift) or Form CA-2 for an occupational disease, online through the ECOMP portal. You do not need your supervisor's approval to start a claim.
Deadline: a FECA claim must be filed within 3 years of the injury. A late claim can still be paid if you gave written notice within 30 days, or your agency knew of the injury within 30 days. After a disabling traumatic injury, most employees are entitled to their regular pay from their agency for up to 45 calendar days (continuation of pay). After that, OWCP pays compensation at two-thirds of your pay rate, or 75% if you have an eligible dependent. You have the right to choose the first doctor who treats you.
The Department of Labor also runs separate programs for longshore and harbor workers, black lung benefits and certain energy employees.
Workers' comp deadlines in California, Texas, New York and Florida
| State | Tell your employer | File your claim | Agency, and who decides disputes | Good to know |
|---|---|---|---|---|
| California | Within 30 days, in writing. Your employer or supervisor knowing about the injury also counts. If it developed over time, report it as soon as you learn or believe work caused it. Missing the deadline could cost you benefits. Cal. Lab. Code §§ 5400, 5402(a) · DWC | Give your employer the DWC 1 claim form right away; it must give or mail you one within 1 working day of learning of the injury. To take the claim to a judge, the time limit is generally 1 year from the injury, the last disability payment or the last medical treatment provided. Filing the claim form pauses that clock until the claim is denied or presumed covered. §§ 5401, 5405 · DWC | Division of Workers' Compensation (DWC). If the claim is denied, you file a case at a DWC district office, and a workers' compensation judge decides it, without a jury. DWC | Every employer must carry insurance or be approved to self-insure. If the claim is not denied within 90 days of the claim form, the injury is presumed covered, and up to $10,000 of treatment must be provided while the claim is decided. §§ 3700, 5402 · DWC FAQ |
| Texas | Within 30 days of the injury, or of when you knew or should have known an occupational disease may be work-related, to your employer or a supervisor or manager. If you miss it, the insurer may not have to pay, unless the employer already knew, you had good cause or the claim is not contested. Tex. Lab. Code §§ 409.001-409.002 · TDI-DWC | Send DWC Form-041 to the Texas Division of Workers' Compensation within 1 year of the injury, even if you are already getting benefits. §§ 409.003-409.004 · TDI-DWC FAQ · OIEC notice | Texas Department of Insurance, Division of Workers' Compensation (TDI-DWC). Disputes go to a benefit review conference, then a contested case hearing before a DWC administrative law judge (or arbitration), then the Appeals Panel and court. TDI-DWC · ch. 410 | Employers may opt out. Most private employers can choose not to carry coverage (non-subscribers), but must tell employees whether they have it. Without coverage you get no workers' comp benefits, but you can sue the employer for negligence. §§ 406.002, 406.005, 406.033 · TDI-DWC |
| New York | Within 30 days, in writing, and as soon as possible. If you miss it, you may lose your right to benefits. WCB: File a claim · Form C-430S | File an Employee Claim (Form C-3) with the Workers' Compensation Board within 2 years of the accident, or of when you knew or should have known an illness was caused by your work. Online, by mail or in person. WCB: File a claim | Workers' Compensation Board (WCB). Simpler issues can be settled without a hearing, by an administrative decision or a conciliator; otherwise a Workers' Compensation Law Judge holds a hearing, on the Board's virtual hearing platform. WCB: Hearings · Issue resolution | Coverage is mandatory for most employers of one or more employees. An insurer that disputes your claim must tell you and the Board why, within 18 days after the disability begins or 10 days after learning of the injury, whichever is later. WCB |
| Florida | Within 30 days after the injury or its first signs. Late notice bars a claim unless, for example, the employer already knew, or you needed a doctor's opinion to learn work caused it (then 30 days from that opinion). Fla. Stat. § 440.185(1) | Your employer must report the injury to its insurer within 7 days and give you a copy. If a benefit you are owed is not provided, you file a petition for benefits, generally within 2 years after you knew or should have known the injury was work-related. §§ 440.185(2), 440.19, 440.192 | The Department of Financial Services' Division of Workers' Compensation oversees the system, and the department's Employee Assistance and Ombudsman Office helps with disputes. Petitions go to the Office of the Judges of Compensation Claims: mediation first, then a judge of compensation claims decides. §§ 440.191, 440.192, 440.25 · DOL | The law covers private employers with 4 or more employees, or 1 or more in construction, with some exceptions. Benefit payments or treatment already provided can extend the 2-year limit. §§ 440.02(20), 440.10, 440.19(2) |
Other states set their own deadlines and rules. The U.S. Department of Labor keeps a list of state workers' compensation agencies.
How much of your lost wages workers' comp pays
| State | Weekly benefit while you can't work | When wage benefits start |
|---|---|---|
| California | Generally two-thirds of the gross wages you lose while recovering, up to a weekly maximum set by law. DWC FAQ | Not confirmed on an official page for this guide. The insurer generally has 14 days to send you a letter on the status of your claim. DWC |
| Texas | 70% of the difference between your average weekly wage and what you earn after the injury; 75% for the first 26 weeks if you earned less than $10 an hour. Within limits set by law. Tex. Lab. Code § 408.103 | Only if the disability lasts at least a week. Benefits start on the 8th day, and are paid from the first day if it lasts 2 weeks or more. The insurer must start paying, or tell you in writing that it refuses, within 15 days of written notice of the injury. §§ 408.082, 409.021 |
| New York | Two-thirds of your average weekly wage, times your degree of disability, between a minimum and a maximum. For example, a worker earning $500 a week who is totally disabled gets $333.33 a week. WCB: Lost wage benefits | Not for the first 7 days, unless the disability lasts more than 14 days. If the claim is accepted, payments should begin within 18 days of the injury, or within 10 days after your employer learned of it, whichever is later. WCB |
| Florida | 66 2/3% of your average weekly wage for temporary total disability, generally for up to 104 weeks, within limits set by law. Fla. Stat. § 440.15(2) | Not for the first 7 days, unless the disability lasts more than 21 days. Medical care is not subject to this wait. § 440.12(1) |
What to do first after a work injury
- Get medical care. In an emergency, call 911 or go to the emergency room. Tell every doctor that the injury happened at work, and give your employer's name. After an emergency, New York requires a provider authorized by the Workers' Compensation Board, or an occupational health clinic, and in Texas, if your employer uses a certified network, you must choose a doctor from it.
- Tell your employer in writing, within 30 days. Tell your supervisor right away, then put it in writing: the date, time and place, what happened, the part of your body that was hurt and who saw it. Keep a copy.
- File the claim form. California: the DWC 1, to your employer; if you mail it, use certified mail, return receipt requested. Texas: DWC Form-041, to the Division of Workers' Compensation. New York: Form C-3, to the Workers' Compensation Board. Florida: your employer reports the injury to its insurer. Federal employees: Form CA-1 or CA-2 in ECOMP.
- Keep records. Keep copies of everything you send and receive, your medical records and work restrictions, receipts for travel to treatment, and proof of your pay from every job you had when you were hurt. Write down the date and the name of the person for every call with the insurer.
- Follow the process. Answer the insurer's questions truthfully, keep your medical appointments, follow your doctor's work restrictions, and tell the insurer and the state agency if your address, work status or pay changes.
- If it is denied or stopped, act quickly. Ask for the reason in writing, then use your state's dispute process (below). Some appeal deadlines are as short as 15 days.
What the adjuster or your employer may say, and what you can say
“You didn't report this right away, so it isn't covered.”
You can say: “I told my supervisor on [date] and put it in writing on [date], within the 30 days the law allows.”
“Just use your own health insurance for now.”
You can say: “This is a work injury. Please give me the claim number and tell me which doctors I can see under workers' comp.”
“We're still looking into it, so we can't approve any treatment yet.”
In California, you can say: “I gave my employer the claim form on [date]. Treatment up to $10,000 has to be authorized while you decide.”
“Your claim is denied.”
In Texas, you can say: “Please send me the denial in writing, with the reasons. I'm going to request a benefit review conference.”
“We don't have workers' comp here.”
In Texas, you can say: “Please confirm that in writing. Texas law requires you to tell employees whether you have coverage.”
“We're disputing the claim, so there are no payments for now.”
In New York, you can say: “Please send me the reasons in writing. I'll ask the Board to act on my claim, and apply for disability benefits in the meantime.”
“If you file a claim, you're done here.”
You can say: “Firing or threatening me for filing a workers' comp claim is against the law.”
If your claim is denied: how disputes are decided
| If… | What to do | Good to know |
|---|---|---|
| You worked in California | File an Application for Adjudication of Claim at the DWC district office in the county where you live or where you were injured, and serve it on the claims administrator. Then file a Declaration of Readiness to Proceed to get a mandatory settlement conference; if the case does not settle, a judge holds a trial. | The judge's written decision usually comes 30 to 90 days after the trial. If you disagree, you can file a Petition for Reconsideration. Medical disputes go to a qualified medical evaluator, or to independent medical review for a treatment decision. |
| You worked in Texas | Talk to the adjuster, then ask DWC for a benefit review conference, an informal meeting with a DWC benefit review officer. If it does not resolve the dispute, a contested case hearing before a DWC administrative law judge, or arbitration instead. | Appeal a hearing decision to the Appeals Panel in writing within 15 days of receiving it, not counting weekends and holidays; after that, court. A hearing is held within 75 miles of where you lived when you were hurt, unless DWC finds good cause. |
| You worked in New York | The Board decides disputes, by an administrative decision, through a conciliator, or at a hearing before a Workers' Compensation Law Judge, held online. You can ask the Board to act with a Request for Assistance (Form RFA-1W). | Appeal a judge's decision within 30 days of its filing date; a three-member Board panel decides. After that, full Board review, or the Appellate Division, Third Department. |
| You worked in Florida | Contact the state's Employee Assistance and Ombudsman Office, then file a petition for benefits with the Office of the Judges of Compensation Claims and send copies to your employer and its insurer by certified mail or an approved electronic method. | Mediation must be held within 130 days of the petition; if it does not resolve the dispute, a judge of compensation claims decides. Appeals go to the First District Court of Appeal. A petition that leaves out required details can be dismissed. |
| You are a federal employee | If OWCP denies your claim, its decision explains why and sets out your appeal rights, the time limits and the offices to contact. | You do not need a lawyer to claim FECA benefits, but you may hire one at your own expense. |
Can I be fired for filing a workers' comp claim?
- Federal safety rules. An employer must not fire or discriminate against you for reporting a work-related injury or illness. If you are punished for using your rights under OSHA's whistleblower laws, you can file a whistleblower complaint with OSHA within 30 days of the retaliation.29 C.F.R. § 1904.35(b)(1)(iv) · OSHA
- California. An employer may not fire, threaten or discriminate against you because you filed a claim or said you would. You file a petition with the appeals board within 1 year of the act or of being fired; your compensation can be increased by half, up to $10,000, with reinstatement and your lost wages and benefits.Cal. Lab. Code § 132a · DWC
- Texas. No one may fire or discriminate against you because you filed a claim in good faith, hired a lawyer for it, started a proceeding or testified. You can recover reasonable damages and, if you were fired, reinstatement; you have to prove the violation. The Texas Department of Insurance says you can also complain to the Texas Workforce Commission.Tex. Lab. Code §§ 451.001-451.002 · TDI-DWC FAQ
- New York. You cannot be fired or discriminated against because you filed or plan to file a claim, or testified in one. File a Discrimination Claim (Form DC-120) with the Board within 2 years. An employer may still act for a legitimate, unrelated reason, for example if you cannot return for a long time and the job must be filled.WCB: Discrimination · Form C-430S
- Florida. An employer may not fire, threaten, intimidate or coerce you because of a valid claim, or an attempt to claim.Fla. Stat. § 440.205
Workers' comp checklist
- The date, time and place you were hurt, how it happened and the parts of your body affected.
- The names of anyone who saw it happen.
- A copy of your written report to your employer, and the date you gave it.
- A copy of your claim form (DWC 1, DWC Form-041, C-3, or CA-1 or CA-2) and proof of when you filed it.
- Your claim number, the insurer's name and your adjuster's phone number.
- Your medical records, work restrictions and doctors' notes.
- Pay stubs from every job you had when you were hurt.
- Receipts for medical costs and travel to treatment.
- A log of calls and letters with your employer and the insurer: date, name and what was said.
- Any denial letter, the date you received it and your deadline to challenge it.
Do you need a workers' comp lawyer? How their fees work
Most claims are accepted and paid without a dispute, New York's Board says. People commonly hire a workers' comp lawyer when a claim is denied or benefits stop, the insurer disputes that work caused the injury, a doctor finds a permanent impairment, a settlement is offered, or they were punished for reporting it.
No upfront bill. The fee is generally a share of your benefits, approved by the state agency or a judge and paid from your award; in California and New York the lawyer cannot charge you directly.
- California: usually 9% to 15% of your final permanent disability settlement or award, approved by a judge. DWC
- New York: set by law, deducted from your award and generally around 15%. WCB · Form C-430S
- Texas: at most 25% of your benefits, approved by the Division of Workers' Compensation. Tex. Lab. Code § 408.221 · TDI-DWC
- Florida: any fee must be approved by a judge of compensation claims. Fla. Stat. § 440.34
- Other states: set by your state.
Free help first: your state's workers' comp office (see Help from the state), then legal aid and bar referral services.
Common questions
Do I have to prove my employer was at fault to get workers' comp?
No. In California, Texas, New York and Florida, workers' comp is generally paid without regard to fault. New York's Workers' Compensation Board says your benefits are not reduced because you were careless, or increased because your employer was at fault. There are exceptions, for example an injury caused by your own intoxication or one you caused on purpose.
Can I sue my employer for a work injury instead?
Usually not, if your employer carries workers' comp. California, Texas and Florida law make workers' comp the exclusive remedy against a covered employer, with narrow exceptions, and New York's Board says coverage protects employers against most lawsuits. You may be able to sue if your California or Florida employer was required to have coverage and did not, if your Texas employer is a non-subscriber, or if someone other than your employer caused the injury.
How long do I have to report a work injury?
30 days in California, Texas, New York and Florida. Report it sooner if you can, and in writing. For an illness that develops over time, the rules on when the 30 days start differ by state, so report it as soon as you believe work caused it. Federal employees have 3 years to file a FECA claim, but written notice within 30 days protects a late claim.
How much of my paycheck does workers' comp replace?
Roughly two-thirds. California generally pays two-thirds of the gross wages you lose; New York, two-thirds of your average weekly wage times your degree of disability; Florida, 66 2/3% for temporary total disability; Texas, 70% of the wages you lose. Each state sets a maximum. Texas, New York and Florida pay no wage benefits for the first week unless the disability lasts longer: 2 weeks in Texas and New York, 3 weeks in Florida.
My Texas employer doesn't have workers' comp. What can I do?
Texas lets most private employers choose not to carry coverage, and without it you cannot get workers' comp benefits. But you can sue the employer for negligence, and it cannot defend by saying you were careless too, that you assumed the risk, or that a coworker caused the injury. You do have to prove the employer was negligent. The employer must tell you whether it has coverage when you are hired and post a notice at work.
Can I be fired for filing a workers' comp claim?
Not for that reason. California, Texas, New York and Florida all bar firing or punishing a worker for filing a claim. The time to act differs: 1 year to file a petition in California, and 2 years to file a discrimination claim with New York's Board. New York's Board notes that an employer can still act for a legitimate, unrelated reason.
How much does a workers' comp lawyer cost?
Usually a percentage of your benefits, approved by the state and paid from your award, not an upfront bill. California: usually 9% to 15% of your final permanent disability settlement or award, approved by a workers' compensation judge. New York: set by law, deducted from your award and generally around 15%; you should never pay the lawyer directly. Texas: no more than 25% of your benefits, and $200 an hour plus expenses, approved by the Division of Workers' Compensation. Florida: a judge of compensation claims must approve any fee. In other states, your state sets the rule.
Is there free help with a workers' comp claim?
Yes. California's Division of Workers' Compensation (1-800-736-7401) has free Information and Assistance officers, and the ombudsmen of Texas's Office of Injured Employee Counsel (1-866-393-6432) help at no cost; neither acts as your lawyer. New York's Advocate for Injured Workers ((877) 632-4996) helps workers who have trouble getting benefits, and a worker with a medical-only case may get free legal representation through the Injured Workers Legal Assistance Project. Florida's Employee Assistance and Ombudsman Office tries to settle disputes but cannot represent you before a judge. For legal aid and bar referral services, see Find free or low-cost legal help.
Official sources
- U.S. Department of Labor: Workers' compensation dol.gov
- U.S. Department of Labor: State workers' compensation officials dol.gov
- U.S. Department of Labor, OWCP: How to file a claim if you were hurt on the job (federal employees) dol.gov
- U.S. Department of Labor, OWCP: Federal Employees' Compensation Act, frequently asked questions dol.gov
- U.S. Department of Labor, OWCP: Basic information on new FECA claims dol.gov
- OSHA: Worker rights and protections osha.gov
- OSHA: 29 C.F.R. § 1904.35, employee involvement (no retaliation for reporting an injury) osha.gov
- California Division of Workers' Compensation: I was injured at work dir.ca.gov
- California Division of Workers' Compensation: How to file a claim dir.ca.gov
- California Division of Workers' Compensation: If my claim was denied dir.ca.gov
- California Division of Workers' Compensation: How my case is resolved dir.ca.gov
- California Division of Workers' Compensation: FAQs for employees dir.ca.gov
- California Labor Code § 132a: no discrimination against injured workers leginfo.legislature.ca.gov
- California Labor Code § 3600: liability without regard to negligence leginfo.legislature.ca.gov
- California Labor Code § 3602: exclusive remedy and its exceptions leginfo.legislature.ca.gov
- California Labor Code § 3700: every employer must secure coverage leginfo.legislature.ca.gov
- California Labor Code § 5400: written notice within 30 days leginfo.legislature.ca.gov
- California Labor Code § 5401: the claim form leginfo.legislature.ca.gov
- California Labor Code § 5402: employer knowledge, 90-day presumption, $10,000 treatment leginfo.legislature.ca.gov
- California Labor Code § 5405: one-year time limit leginfo.legislature.ca.gov
- Texas Department of Insurance, Division of Workers' Compensation: Injured employee resources tdi.texas.gov
- Texas Division of Workers' Compensation: Injured employee FAQ tdi.texas.gov
- Texas Division of Workers' Compensation: Dispute resolution for injured employees tdi.texas.gov
- Texas Division of Workers' Compensation: Notice of injury letter (CS-41, PDF) tdi.texas.gov
- Office of Injured Employee Counsel: Notice of injured employee rights and responsibilities (PDF) oiec.texas.gov
- Texas Labor Code, Chapter 406: workers' compensation insurance coverage statutes.capitol.texas.gov
- Texas Labor Code, Chapter 408: workers' compensation benefits statutes.capitol.texas.gov
- Texas Labor Code, Chapter 409: compensation procedures statutes.capitol.texas.gov
- Texas Labor Code, Chapter 410: adjudication of disputes statutes.capitol.texas.gov
- Texas Labor Code, Chapter 451: discrimination prohibited statutes.capitol.texas.gov
- New York Workers' Compensation Board: What is workers' compensation? wcb.ny.gov
- New York Workers' Compensation Board: File a workers' compensation claim wcb.ny.gov
- New York Workers' Compensation Board: Understanding the claims process wcb.ny.gov
- New York Workers' Compensation Board: Lost wage benefits wcb.ny.gov
- New York Workers' Compensation Board: Issue resolution wcb.ny.gov
- New York Workers' Compensation Board: Hearings, agreements and appeals wcb.ny.gov
- New York Workers' Compensation Board: Appeals wcb.ny.gov
- New York Workers' Compensation Board: Discrimination claim wcb.ny.gov
- New York Workers' Compensation Board: Statement of rights (Form C-430S, PDF) wcb.ny.gov
- New York Workers' Compensation Board: Workers' compensation insurance wcb.ny.gov
- New York Workers' Compensation Board: Advocate for Injured Workers wcb.ny.gov
- Florida Statutes § 440.02 (2026): definitions, including covered employment flsenate.gov
- Florida Statutes § 440.10 (2026): liability for compensation, irrespective of fault flsenate.gov
- Florida Statutes § 440.11 (2026): exclusiveness of liability flsenate.gov
- Florida Statutes § 440.12 (2026): when compensation starts flsenate.gov
- Florida Statutes § 440.15 (2026): compensation for disability flsenate.gov
- Florida Statutes § 440.185 (2026): notice of injury and reports flsenate.gov
- Florida Statutes § 440.19 (2026): time limits for petitions for benefits flsenate.gov
- Florida Statutes § 440.191 (2026): Employee Assistance and Ombudsman Office flsenate.gov
- Florida Statutes § 440.192 (2026): procedure for resolving benefit disputes flsenate.gov
- Florida Statutes § 440.205 (2026): coercion of employees flsenate.gov
- Florida Statutes § 440.25 (2026): mediation and hearings flsenate.gov
- Florida Statutes § 440.271 (2026): appeal to the First District Court of Appeal flsenate.gov
- California Division of Workers' Compensation guidebook: Questions and answers about attorneys (PDF) dir.ca.gov
- California Division of Workers' Compensation: Information and Assistance Unit dir.ca.gov
- New York Workers' Compensation Board: Finding legal representation wcb.ny.gov
- New York Workers' Compensation Board: Injured worker's toolkit wcb.ny.gov
- Texas Division of Workers' Compensation: Adopted attorney fee rules, 28 TAC chapter 152 (PDF) tdi.texas.gov
- Office of Injured Employee Counsel: Ombudsman services oiec.texas.gov
- Florida Statutes § 440.34 (2026): attorney's fees flsenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.