Understanding Who Should File a Workers' Compensation Claim

Who files a workers' compensation claim?

Only the injured employee—or a legal representative acting on the employee's behalf—files a workers' compensation claim. The employer's role is to provide the necessary paperwork and insurance information, not to claim benefits themselves.

Employer responsibilities when an injury occurs

When an employee reports a work‑related injury, the employer must promptly document the incident, notify their workers' compensation insurer, and supply the employee with claim forms. Failure to do so can delay benefits and expose the business to penalties.

Employee steps to secure benefits

The employee should seek medical attention, report the injury to their supervisor in writing, and complete the claim form provided by the employer or insurer. If the employer refuses to cooperate, the employee can contact the state workers' compensation board for assistance.

Common misconceptions

Some employees think their boss can claim the benefits on their behalf, but the law requires the injured worker to be the claimant. The employer may receive reimbursement for medical costs from the insurer, but the benefit payments go directly to the employee.

When employer involvement matters

Employers must keep accurate injury records, maintain required insurance coverage, and ensure a safe workplace to reduce future claims. They also may need to provide wage replacement information for the employee's claim.

Key differences at a glance