When a Workplace Injury Leads to a Workers’ Comp Claim: Steps Employees Must Take

Workplace injuries remain a persistent and costly reality across American industries. According to the Bureau of Labor Statistics, private industry employers reported approximately 2.6 million nonfatal workplace injuries and illnesses in 2023. The Occupational Safety and Health Administration estimates that employers pay nearly $1 billion per week in direct workers’ compensation costs alone. Behind every one of these statistics is a worker navigating an unfamiliar legal process during one of the most stressful periods of their life.

Workers’ compensation is a no-fault system designed to provide medical treatment and wage replacement to employees injured on the job. In theory, the process is straightforward. In practice, procedural missteps by employees—and tactical decisions by employers and insurers—can delay or derail benefits entirely. Understanding the required steps, common pitfalls, and available protections is essential for any employee who suffers a workplace injury.

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Reporting the Injury: Deadlines That Cannot Be Ignored

The single most important step after a workplace injury is timely reporting. Every state imposes a statutory deadline for notifying an employer of a work-related injury, and missing that deadline can result in a complete forfeiture of benefits.

In Missouri, for example, an injured employee must report the injury to their employer within 30 days of the incident. Other states impose deadlines ranging from as few as 10 days to as many as 90 days. For occupational diseases or repetitive stress injuries that develop over time, the clock typically begins running from the date the employee knew or reasonably should have known the condition was work-related.

Best Practices for Reporting

Report the injury in writing, not just verbally. Include the date, time, location, and a description of how the injury occurred. Keep a personal copy of the written report. If the employer has a designated incident report form, complete it—but also send a separate written notification via email or certified letter to create an independent record.

Documentation: Building the Evidentiary Foundation

A workers’ compensation claim lives or dies on its documentation. From the moment an injury occurs, the employee should be building a record that supports the claim.

Seek medical attention immediately, even if the injury seems minor. Delayed treatment creates gaps that insurers routinely exploit to argue that the injury was not work-related or was less severe than claimed. When seeing a physician, provide a complete and accurate account of how the injury occurred at work. Medical records that omit the workplace nexus can undermine the entire claim.

Beyond medical records, employees should preserve:
•  Photographs of the injury site, any hazardous conditions, and visible injuries
•  Contact information for any witnesses
•  Copies of all communications with the employer and insurer
•  Pay stubs and earnings records to establish the wage base for benefits
•  A personal journal documenting symptoms, limitations, and treatment

Common Employer Mistakes That Harm Claims

Employees should be aware that employer errors—whether negligent or deliberate—can significantly complicate the claims process. Among the most common:

Failure to file the employer’s report. In most states, the employer has a separate obligation to file a First Report of Injury with the state workers’ compensation agency and their insurer. BLS data shows that roughly 40% of workplace injuries go unreported, often because employers discourage reporting or fail to process claims promptly. If an employer refuses to file, the employee can typically file a claim directly with the state agency.

Directing employees to use personal health insurance. Some employers attempt to route workplace injuries through group health plans rather than workers’ compensation. This is improper and can create subrogation complications, leave the employee responsible for copays and deductibles, and jeopardize the claim itself.

Offering light duty that exceeds medical restrictions. Employers may assign “light duty” work that does not actually comply with the treating physician’s restrictions. Employees should obtain written restrictions from their doctor and compare them to any light-duty assignment before accepting it.

The Independent Medical Examination

At some point during the claim, the insurer will likely request an Independent Medical Examination (IME). Despite the name, these examinations are neither independent nor neutral. The physician is selected and paid by the insurance company, and the purpose is typically to minimize the severity of the injury, dispute causation, or argue that the employee has reached maximum medical improvement.

Employees cannot refuse an IME without risking suspension of benefits, but they can prepare for one. Be consistent with the symptoms and limitations reported to the treating physician. Do not exaggerate or minimize. Bring a witness or take notes immediately after the examination documenting what was asked, what tests were performed, and how long the exam lasted. IMEs that last only a few minutes are a red flag and may be challenged.

Retaliation Protections: Know Your Rights

Fear of employer retaliation is one of the primary reasons workplace injuries go unreported. OSHA has documented that retaliation—including termination, demotion, reduced hours, and intimidation—remains a significant barrier to reporting.

Federal and state laws prohibit employers from retaliating against employees who file workers’ compensation claims. In Missouri, Section 287.780 RSMo specifically makes it unlawful to discharge or discriminate against an employee for exercising their rights under the Workers’ Compensation Law. Employees who experience retaliation may have grounds for a separate civil action in addition to the underlying workers’ compensation claim.

Document any changes in treatment, scheduling, or job duties that occur after filing a claim. A clear timeline connecting the claim to adverse employment action is the strongest evidence in a retaliation case.

When to Seek Legal Counsel

Not every workers’ compensation claim requires an attorney. Straightforward injuries with cooperative employers and prompt benefit payments may resolve without legal intervention. However, certain circumstances strongly warrant professional guidance:

•  The claim is denied or benefits are terminated
•  The employer disputes that the injury is work-related
•  The injury results in permanent disability or requires surgery
•  The insurer’s settlement offer does not adequately account for future medical needs
•  The employee is also pursuing a third-party liability claim
•  The employer retaliates after the claim is filed

Workers’ compensation attorneys typically work on a contingency basis, and most states cap attorney fees as a percentage of the recovery. The cost of representation is almost always outweighed by the value of ensuring that benefits are calculated correctly and that the employee’s rights are fully protected.

Protecting Your Claim From Day One

The workers’ compensation system exists to provide a safety net for injured employees, but that safety net has edges. Missed deadlines, incomplete documentation, and uninformed decisions can push a legitimate claim beyond the reach of recovery. By reporting promptly, documenting thoroughly, understanding the IME process, and knowing when to seek legal help, employees can protect both their health and their financial stability during what is often a difficult and uncertain time.

About the Author: A.J. Bruning is the founder of The Bruning Law Firm, a team of workers compensation lawyers in St. Louis who advocate for employees injured on the job.