How Does a Work Accident Claim Work?

A worker filling accident claim form

A worker filling work accident claim form


If you experience an injury or illness at your workplace or as a result of your work, you’re entitled to make a work accident claim under workers’ compensation insurance. Workers’ compensation is an insurance program that covers workplace injuries. That means the cost of medical care, as well as some other costs, won’t be paid by you or your insurance. 


Since workers’ compensation insurance is handled by employers, many employees don’t know how it works. However, the work accident claim process is pretty straightforward.


Can you claim compensation even if it was your fault?

In most cases, you can. Most workplace injuries happen because of human error, so workers’ compensation is a “no-fault” program. That means benefits are available regardless of who is at fault. However, it doesn’t cover accidents that happen due to intoxication or if an employee intended to hurt themselves or others. So for example:

  • If you fall on the shop floor because your shoe is untied, it’s covered.
  • If you fall on the shop floor because you were drinking during lunch, it’s not.


Do you get full pay if injured at work?

Workers’ compensation does not pay full wages for periods of lost work. But you’re entitled to two-thirds of your average weekly wage, based on the one-year period preceding your accident. If your employer is not complying, please contact us and we will ensure that you get your work accident claim compensation ASAP.


What qualifies as an injury on duty?

To file a work accident claim, the injury or illness must have happened while you were at work or while you were working. 


If you are injured while traveling for work or while remote working, claims can become more complicated so you want to have a knowledgeable work accident lawyer handling your claim. 


What is covered if I am injured on duty?

For most injuries, employees are paid for their medical expenses, lost work, and other incidental expenses related to the injury. In some cases—like with workers exposed to asbestos—the work accident compensation can be much higher since the injury leads to prolonged disability, quality-of-life loss, and even death.


What is your employer’s responsibility?

Under workers’ compensation, employers are required to take your work accident claim seriously. They have 10 days to report the injury to the insurance program. If they don’t, it is a misdemeanor crime.


In addition, employers may not retaliate. Employers must make reasonable accommodations to allow you to return to work and are not allowed to prevent or obstruct a workplace injury claim.


How long after a work accident can you file a claim?

Employees have a duty to report work injuries right away. If you fail to report the injury to your supervisor within 30 days, you may lose benefits. However, some injuries can take many years to surface. In those cases, you may have longer to file.


How can a lawyer help in a work accident Claim?

If you’ve been injured at work, or if you’re experiencing long-term effects of your workplace conditions, an attorney can help you file a successful work accident claim. A workers’ compensation attorney is especially valuable if:

  • Your injuries are severe.
  • Your injury happened while working but not at work, or
  • You’re experiencing illness as a result of working conditions.


Our experienced work accident attorneys can guide you through the process of filing a claim, and we will fight to get you the compensation you deserve. Contact Napoli Shkolnik today for a free consultation. There are no upfront fees and we only recover a fee when we win your case.