How long do I have to file a workers' comp claim?

Deadlines vary significantly by state — typically 30 to 90 days from the date of injury to notify your employer, and 1 to 2 years from the date of injury (or discovery) to file a formal claim with the state workers' compensation board. Missing these deadlines can bar your claim entirely. Use Counsel chat to confirm the exact deadlines for your state.

What if my employer says I'm an independent contractor?

Many workers misclassified as independent contractors are actually employees under state law and may still be covered. The test varies by state (ABC test, economic reality test, common-law control test). A misclassification defense does not automatically end your claim — file the notice anyway and let the board determine coverage.

Does workers' comp cover all injuries at work?

Generally yes — workers' comp is a no-fault system covering injuries arising out of and in the course of employment. Exceptions vary by state but may include injuries from intoxication, intentional self-harm, or horseplay. Occupational diseases (repetitive stress, toxic exposure) are also typically covered but may have different notice requirements.

Can I also sue my employer for the injury?

In most states workers' comp is the exclusive remedy against your employer, meaning you cannot sue the employer in civil court for negligence. However, you may still have claims against third parties (equipment manufacturers, contractors) and can pursue those separately. FECA (federal employees), Jones Act (seamen), and LHWCA (longshore workers) have different rules.

Labor overview

Workers’ compensation — notice of claim

Preserve your claim. Don’t miss the deadline.

Workers’ comp deadlines are among the shortest in all of employment law — often 30–90 days from the date of injury to notify your employer, and 1–2 years to file a formal claim with the state board. Missing them can bar your recovery entirely. The wizard builds a formal Notice of Claim to send to your employer and state board via certified mail.

Deadline warning: Workers’ comp deadlines vary heavily by state and start running from the date of injury — not the date you realize it is serious. If you are near or past 30 days from injury, open Counsel chat now for state-specific guidance before filing this notice.

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Companion tool

EEOC charge of discrimination

If the injury or termination involved discrimination or retaliation, an EEOC charge runs on a parallel track — file within 180 or 300 days of the adverse action.

Open the EEOC wizard

Companion tool

FDCPA cease-and-desist letter

If medical debt collectors are calling while your workers’ comp claim is pending, silence them under federal law while the claim resolves.

Open the cease-and-desist wizard

Employer denying your claim?

Case Pass — $149

Notice of claim, EEOC charge, cease-and-desist for debt collectors, violation scanner, AI Q&A, and unlimited follow-up letters for one employment case. 12 months.

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