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I Think I Need Workers’ Comp, But How Do I Get It?

Workers’ compensation insurance is set up by your employer to ensure your living expenses and medical bills are covered in case you are hurt on the job. Although it is unfortunate, a lot of people hurt at their job run into problems getting adequate coverage and compensation. Sometimes, legitimate claims are outright denied, but it is insurance, and insurance companies do whatever they can to avoid paying out unless they absolutely have to. There are some steps you need to go through to get workers’ compensation. If all goes well, you will be approved and see no problems, but if you are denied, then you have options. Here is what you need to do.

Inform Your Employer and See a Doctor Immediately

Unless you have to leave work via an ambulance, you need to let your employer know that you were injured immediately. Next, tell them how as quickly as you can, and you should see your doctor immediately as well. If your doctor cannot see you immediately, then go to an urgent care or an emergency room. You need to seek medical treatment because you are hurt, and also, you are establishing a date for your injury. This is the beginning of an important paper trail. It sounds nefarious, but workers’ comp lawyers are sharks. If you had to go to an urgent care or an emergency room, make sure you schedule a follow up with your regular doctor as soon as possible and follow all medical advice.

Contact Appropriate Health Insurance Agencies

It is important to contact your regular health insurance company first, if you have one. If you’re a lower income individual, then you might have to apply for something like Medicaid or whichever state insurance is available to you. They need to know it might be a workers’ comp issue because they will probably slap a lien on your workers’ comp insurance to be paid back. Then, let your workers’ comp insurance know your situation because there are procedures to follow with them to verify your injury and claim, which is fair and ethical.

Gather Your Evidence

The gathering evidence portion is fairly simple. You get your medical records and maybe some co-workers will testify on your behalf or offer written statements as witnesses if a hearing is necessary in the future. Next, you have to wait for the claims administrator from your workers’ comp insurance to make a decision. In the event you are turned down or unsatisfied, then it is time to take the next step.

Hire a Lawyer

This part is fairly simple except for deciding on a competent firm. There are workers’ comp and personal injury lawyers and firms, such as Oxner + Permar, LLC, with lawyers for those claims on every corner in any medium to large city. Deciding on who will represent your best interests is the tough part. Many firms settle these claims for pennies on the dollar to quickly take their cut. Essentially, they make their money by quantity and not quality.

Workers’ comp cases can take a long time, and it can be very frustrating. You need to handle this as professionally and patiently as possible. Find a good lawyer and trust they will eventually get you situated. Most of these cases get settled without a trial, which is good news for you.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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