Filing a Workers’ Compensation Claim After a Construction Injury: Step-by-Step Guide

Construction work is one of the most dangerous occupations in the United States. From scaffolding falls to machinery malfunctions, accidents happen — and when they do, workers often face medical bills, lost income, and long recovery times. 

Fortunately, most construction workers are protected under workers’ compensation laws, which provide financial and medical benefits after a work-related injury.

However, filing a workers’ compensation claim is not as simple as telling your employer you’re hurt. 

The process has strict deadlines, legal requirements, and potential pitfalls that can result in denied benefits if not handled properly. This guide walks you through each step so you can protect your rights and secure the compensation you deserve.

Step 1: Seek Immediate Medical Attention

The first and most important step is getting treatment. Your health comes first — and delaying care could not only worsen your injury but also hurt your claim.

• Emergency situations: If the injury is severe (e.g., head trauma, broken bones, heavy bleeding), call 911 or go to the ER immediately.
  
• Non-emergency injuries: Report to your employer’s designated healthcare provider if your state requires it. Some states allow you to choose your own doctor; others require an approved list.
  
• Be honest about the cause: Clearly tell your doctor the injury happened at work and describe exactly how it occurred. This creates an official medical record linking the injury to your job.
  

Pro tip: Even if you think it’s a “minor” injury (like a back strain or cut), get evaluated. Many construction injuries worsen over time, and early documentation is critical.

Step 2: Notify Your Employer Promptly

Every state has a deadline for reporting workplace injuries, sometimes as short as 24 hours. Failure to report on time can jeopardize your right to benefits.

• How to report: Provide a written statement with the date, time, location, and details of the incident. Include any witnesses’ names.
  
• Why written notice matters: Verbal reports can be forgotten or disputed later. Written proof prevents “he said, she said” disputes.
  
• Keep a copy: Always keep a personal copy of your injury report for your records.

Step 3: Understand Your Workers’ Compensation Coverage

Workers’ compensation is a no-fault system — meaning you don’t need to prove your employer was negligent to get benefits. However, you do need to meet the eligibility requirements.

Typical benefits include:

• Medical care: Covers all necessary treatment, surgeries, rehabilitation, and medication.
  
• Wage replacement: Usually two-thirds of your average weekly wage during recovery.
  
• Permanent disability benefits: If you suffer lasting impairment.
  
• Death benefits: Paid to dependents if the worker dies from the injury.
  

Step 4: Complete and File the Workers’ Compensation Claim Form

Your employer or their insurance carrier will give you the official claim form (often called a DWC-1 or similar in your state).

• Fill it out carefully: Provide all details about the accident and your injury. Avoid leaving blanks.
  
• Submit it promptly: The sooner it’s filed, the sooner your benefits can start.
  

Step 5: Cooperate With the Insurance Company’s Investigation

Once your claim is filed, the insurance company will verify the details. They may:

• Request medical records.
  
• Interview you and witnesses.
  
• Review your job duties and safety protocols.
  

Important: Always tell the truth, but avoid volunteering extra details that could be used to question your claim.

Step 6: Attend All Medical Appointments and Follow Treatment Plans

Skipping appointments or ignoring your doctor’s instructions can give the insurer a reason to stop your benefits.

• Keep all receipts, prescriptions, and mileage logs for travel to appointments.
  
• If you disagree with a doctor’s assessment, you may have the right to a second opinion under state law.

Step 7: Know Your Rights if Your Claim is Denied

Some claims are unfairly denied — often due to paperwork errors, disputes over whether the injury is work-related, or accusations of pre-existing conditions.

If your claim is denied:

• Request a written explanation.
  
• File an appeal within your state’s deadline (often 30–90 days).
  
• Consider hiring a construction accident attorney to represent you during the appeal process.
  

Step 8: Consider Whether You Have a Third-Party Claim

Workers’ compensation covers medical bills and lost wages but does not compensate for pain and suffering. However, if your injury was caused by a third party — such as a subcontractor, equipment manufacturer, or property owner — you may have a separate personal injury claim for additional damages.

Common Mistakes That Can Jeopardize Your Claim

• Waiting too long to report your injury.
  
• Not following medical advice.
  
• Giving inconsistent statements about the accident.
  
• Posting about your injury on social media.
  

Why Legal Help Matters?

While workers’ compensation is designed to protect injured workers, insurance companies often prioritize saving money over paying full benefits. An experienced construction injury lawyer can:

• Ensure your paperwork is correct and submitted on time.
  
• Gather medical and witness evidence.
  
• Represent you in hearings or appeals.
  
• Identify additional claims you may have for maximum compensation.
  

Bottom Line

Filing a workers’ compensation claim after a construction injury is a time-sensitive legal process. 

Acting quickly, documenting everything, and following the proper steps can mean the difference between securing the benefits you need and facing unnecessary financial strain. If you encounter any obstacles, don’t hesitate to seek professional legal guidance — your health and livelihood depend on it.

Our professional team at Mulholland Injury Lawyers can help you with the entire process. Contact us today!