Being hurt at work is stressful. Not only are you dealing with the physical injury itself, but there are also questions that arise. Should you report the accident? How long do you have to report the accident? Will there be consequences if you report it – or if you don’t? One of the most important things to know is that there are time limits for reporting an injury at work. And that reporting deadline can be as little as three days, while other states give you a month or longer.
It all just depends on which state you live and work in when the accident occurs. Keep reading to learn the requirements in most states for reporting a workplace injury.
Why Some Injured Employees Are Hesitant to Report Work-Related Injuries
The truth is, there are more workplace injuries than show up in official reports every year. There are myriad reasons why an injured worker might decide to not report a workplace accident. For example, that injured worker might worry about:
- Getting fired, which counts as illegal retaliation under federal law
- That their supervisor or coworkers will become angry with them
- Coworkers or management might think they caused the accident, especially if their state allows drug tests for workers’ comp claims
- They might just not want to contend with all the paperwork
- New employees may not realize they have coverage starting on day one of employment
Confusion can also play a role, especially shortly after the injury happened. It’s not always clear when an injury is severe enough to warrant filing a workers’ compensation claim. However, some states are making it more difficult to get workers’ compensation by making insurance coverage completely optional for employers. Texas is one example of this.
The Department of Labor noted some worrisome issues in March 2024. One is that workers’ compensation benefits are at the lowest rates they’ve been in about 40 years. Though a decrease in workplace accidents could explain some declines, there’s a more likely reason. Around 1990, legislators introduced a new wave of laws designed to make the workers’ comp claims process harder for employees.
Another concern is that while workers’ compensation insurance is affordable for employers, they’re shifting those costs to employees and customers. Only a few states are conducting meaningful studies on this issue, unfortunately. In the meantime, workers bear the burden of work-related injuries outside of the usual reporting and tracking systems within states.
How Long Do I Have to Report a Workplace Injury in Every State?
How much time you have to notify your employer of a work-related injury or illness is different in every state. We’ve listed the deadlines to report an injury at work under existing state laws from shortest to longest time periods below.
States with workers’ compensation laws that require you to report a work injury “as soon as possible” to employers:
- Arizona
- Arkansas
- Connecticut
- Delaware
- Kentucky
- Massachusetts
- Nebraska
- Ohio
- Oregon
- Vermont
- Washington
- West Virginia
States where you have less than a month to report a work-related injury to qualify for workers’ compensation:
- Wyoming – 72 hours
- South Dakota – 3 business days
- Alabama – 5 days
- Nevada – 7 days
- North Dakota – 7 days
- Colorado – 10 days
- Maryland – 10 days
- New Jersey – 14 days
- New Mexico – 15 days
- Tennessee – 15 days
- Kansas – 20 days
- Pennsylvania – 21 days
You have a 30-day window to notify your employer about a work injury in these states:
- Alaska
- California
- Florida
- Georgia
- Indiana
- Louisiana
- Missouri
- Montana
- New York
- North Carolina
- Oklahoma
- Rode Island
- Texas
- Wisconsin
The following states have the longest possible time limits for reporting an injury at work:
- Illinois – 45 days
- Idaho – 60 days
- Maine – 60 days
- Iowa – 90 days
- Michigan – 90 days
- South Carolina – 90 days
- Minnesota – 180 days
- Utah – 180 days
- New Hampshire – 2 years (i.e., 730 days)
What Happens if I Get Hurt at Work and Don’t Report It or Seek Proper Medical Treatment?
If you are hurt at work and don’t report it, then you cannot qualify for workers’ compensation.
But what if you do report the injury to your employer and they refuse to file the paperwork? In most states, you can contact your employer’s insurance carrier and report it to them directly.
But if you report it after the deadline in your state passes, then you may lose your chance for benefits. Colorado, for example, reduces your benefits the equivalent of one day for each day you’re late reporting a workplace injury. In other states, you may lose the right to file a workers’ compensation claim at all.
Do I Need to File a Work Injury Report if I Don’t Require Medical Care?
The short answer to this question is “yes.” If you are injured on the job, no matter how insignificant it seems to you, you should always report it.
Why? There are a few reasons. One is that your injury might not seem like a big deal now, but that could easily change at any time. If it does turn into something more later, like tendonitis, that documentation can help with your claim down the road.
Another reason is that workplace injury reports can help companies identify issues for improvement to protect their workers. This includes things like workplace safety hazards that arise, or the dangers of working in extreme temperatures.
Reporting an Injury at Work Late May Get Your Workers’ Compensation Claim Denied
Not reporting an injury at work within the required timeframe can trigger an automatic denial of your workers’ comp claim.
One of the things that insurance companies look for when evaluating a claim is any indication of fraud. Reporting a work injury late can make a claim seem fraudulent in their eyes, even if your injury is legitimate. Filing on time raises fewer red flags and makes it easier for the insurance carrier to process your claim.
Pro Tip: Always provide a written notice listing the time, date, location, and a brief description of how your injury happened. Be sure to record the names and contact info for any witnesses that saw the incident happen. Once you have all the circumstances down in writing, sign the report and make a copy to keep for yourself.
Can I Get Urgent Medical Care First if I’m Seriously Injured?
Remember, each state has its own laws that determine the necessary steps to seek medical care for workers’ compensation injuries. So, the answer to this question depends on which state you live and work in when you’re injured. But generally, yes, you can get urgent medical attention first if you have a life-threatening work injury or illness. If this happens to you, then your employer must follow specific federal OSHA reporting standards. Those standards include listing the following crucial info on your injury report:
- Business name for your employer
- Your name and the names of any other injured workers
- Location and time of your incident
- A brief description of the circumstances that led to your injury or illness
- Name of a designated contact person and their phone number for following up
Connecticut is an exception to this general rule where you must notify your employer before you seek emergency medical treatment. This doesn’t necessarily mean that you should skip an ER visit if it’s truly necessary. That’s because protecting your health and safety is the most important thing after an injury or job accident. It does mean, though, that you may have to pay for those medical bills yourself.
Pro Tip: If you work in Connecticut, read up on the state’s requirements so you are familiar before an injury occurs.
Workers’ Compensation Injury Report Dates vs. the Statute of Limitations
There are two important dates to keep in mind when you’ve been hurt at work. The first is the injury report date, which we covered above. The second is the statute of limitations. The statute of limitations is usually longer than the workers comp injury report date.
The statute of limitations is a legal deadline for filing your workers’ compensation claim when you’re hurt on the job. This date is especially important when you’re dealing with an injury or illness that developed slowly over time. For example, you got diagnosed with cancer and the doctor believes it’s because you handled certain chemicals at work. However, if you have a serious physical injury, the reporting deadline always comes first when it comes to workers’ compensation.
In other words, if you file a claim within your state’s statute of limitations but don’t report it to your employer within the required time, then legally, you cannot qualify for workers’ compensation benefits.
Reporting an Injury at Work: Who Should I Tell?
Your supervisor is usually the first person you should report your injury to after a workplace accident. The HR department should be your next conversation, if your employer has one. If your company has a designated safety officer, that person may also be able to help you navigate the claims process.
Remember that if you need emergency care, it’s usually best to seek medical attention before reporting an injury at work.
How Employers Should Respond to Work Accidents
Your employer should call 911 to get you the medical care you need right away. For very minor injuries, your employer may send you to a nurse’s office or open a first aid kit on-site.
They should also follow all OSHA procedures and report your injury accident immediately. OSHA has a 24-hour number for just this purpose: Call 1-800-321-OSHA (6742).
Your employer should also:
- Follow an established emergency plan (or consider creating one if they don’t have one already in place)
- Make sure all employees are in a safe place, away from any danger
- Review what happened once it’s safe for everyone to go back to work again
- Gather information (i.e., evidence, photographs, witness statements, etc.)
- Keep communication open and clear regarding next steps, such as providing necessary forms, etc.
What to Do if You’re Denied Workers’ Compensation Benefits
If you believe your employer owes you workers’ compensation benefits, consult an experienced attorney for free about your case. This service always costs $0 and is the best way to understand what benefits your employer may owe you.
Unless a workers’ compensation attorney helps you secure more money after an accident, you owe $0 for legal assistance. And if you succeed, then you only pay one small fee afterwards.
Ready for your free workers’ comp evaluation? Click the button below now to start your free online benefits quiz and see if you may qualify:
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Lisa Allen is a writer and editor who lives in suburban Kansas City. She holds MFAs in Creative Nonfiction and Poetry, both from the Solstice Low-Residency Program in Creative Writing at Pine Manor College. Prior to becoming a writer, Lisa worked as a paralegal, where she specialized in real estate in and around Chicago.
