Hurt at Work: What to Do First
Quick answer: Get medical care, then report the injury to your employer in writing as soon as you can. California, Texas, and Florida each give you 30 days to report, and missing it can cost you your benefits. Federal employees file Form CA-1 within 30 days.
Five steps, in order
- Get medical care. Tell the provider it happened at work, so the record ties the injury to your job from day one.
- Report it to your employer in writing. A supervisor counts. Write down the date, time, place, what happened, and who saw it. Keep a copy. A text or email you can show later is better than a conversation you can't prove.
- File the claim. Reporting to your employer and filing a claim are separate steps in some states. In Texas, for example, you also file with the Division of Workers' Compensation within one year.
- Keep your pay records. Your benefit is based on your average weekly wage. Pay stubs from before the injury let you check the carrier's math. Our calculators for California, Texas, and Florida show what the number should be.
- Track every day you miss. Each state has an unpaid waiting period that gets paid back if you're out long enough. You need the dates to know whether that applies.
Reporting deadlines by state
| Who | Tell your employer | Other deadline | Law |
|---|---|---|---|
| California | 30 days, written notice | Labor Code §5400 | |
| Texas | 30 days | File with DWC within 1 year | Labor Code §§409.001, 409.003 |
| Florida | 30 days from the injury or first symptoms | Exceptions if the employer already knew | Fla. Stat. §440.185 |
| Federal employees | Form CA-1 within 30 days (traumatic injury) | Required for continuation of pay | 5 U.S.C. §8118; 20 CFR Part 10 |
When the checks start
None of these systems pays for the first few days off unless the injury keeps you out longer:
- California: first 3 days unpaid, unless you're out more than 14 days or hospitalized.
- Texas: no income benefits unless you're disabled at least a week; the first week is paid if you're out two weeks or more.
- Florida: first 7 days unpaid, unless you're out more than 21 days.
- Federal: first 3 days unpaid, unless you're out more than 14 days or the disability is permanent.
Common questions
What if I didn't realize right away that work caused it?
States handle this differently. In Texas, for an occupational disease, the 30 days start when you knew or should have known it was related to your job. In Florida, if only a doctor could connect it to work, you have 30 days from that medical opinion.
My employer told me not to file. What now?
Your employer doesn't decide whether you file, and retaliation is illegal in California, Texas, and Florida. See if your employer won't file your claim.
Can I also sue my employer?
Workers' comp generally replaces lawsuits against an employer that carries it. Texas is different because private employers there can choose not to carry workers' comp. If someone other than your employer caused the injury, like another driver, you may have a separate claim with its own filing deadline.
I'm a 1099 contractor. Does any of this apply?
It depends on whether you're really an employee under your state's test. See workers' comp for 1099 contractors.
This guide is general information, not legal advice. Deadlines and exceptions depend on your facts. If a deadline is close, contact your state's workers' compensation agency or a lawyer.