My employer denied me workers’ compensation after I was injured on the job. What should I do?

Lexi, Chatbot

I’m sorry to hear about your situation. Can you tell me more about the circumstances surrounding your workers’ compensation denial?

Lexi, Chatbot

Have you already filed a claim with your employer’s workers’ compensation insurance provider?

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your workers’ compensation denial.

TJ, Esq.

Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you!

TJ, Esq.

Since your employer denied your workers’ compensation claim and you had to pay for your own treatment, it’s important to understand your rights.

Generally, it’s the employee’s responsibility to file a workers’ compensation claim with the insurance provider — not the employer’s. The fact that you submitted a predesignation of personal physician form could help your case. You’ll need to formally pursue your claim to get compensation for your medical costs and lost wages.

Let’s discuss this in more detail so I can provide a thorough response.

• When exactly did your injury occur?
• What type of injury did you sustain?
• In what state did this occur?

TJ, Esq.

Since you were hurt at work and your employer is pushing back, you’ll likely need to formally pursue a workers’ compensation claim.

Because the incident happened only two days ago, you’re still well within the timeframe to file — which is great. Your employer clocking you out and saying it’s not a work comp claim doesn’t make it true. They can’t just decide that.

Workers’ compensation is a no-fault system, meaning it doesn’t matter who caused the injury. What matters is that it happened while performing your job. Employers are legally required to carry workers’ compensation insurance to cover work-related injuries.

Your employer’s actions — denying coverage and forcing you to pay for treatment — are not acceptable. The system exists to prevent exactly that.

You also did the right thing by filing the predesignation form; it shows you followed procedure and intended to see your own doctor, which is typically allowed under state law.

Even if your employer never gave you written instructions, they’re still bound by state workers’ compensation laws. Those laws require them to:

• Have workers’ comp insurance, and
• Provide employees with claim forms and instructions when an injury occurs.

Their failure to give you this information is not okay.

Your next step should be to file a workers’ compensation claim yourself.

This usually involves completing a specific claim form (often called a DWC-1, though names vary by state) and submitting it to your employer’s workers’ compensation insurance carrier.

• You can find this form on your state’s workers’ compensation board or commission website.

Filing the form officially opens your claim. The insurance company will then have a specific time (usually 14–30 days) to accept or deny it. If denied, you have the right to appeal, which can lead to a hearing before a workers’ comp judge.

Pursuing the formal process is the only way to get reimbursement for medical bills and lost wages resulting from the injury.