Workers' Compensation Claims

Workers' Compensation Exhibit Guide

Injured on the job? Here is how to document your claim and organize evidence for your workers' comp hearing.

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Important: This guide is an informational resource prepared to the best of our knowledge and does not constitute legal advice for your specific situation. You remain responsible for all due diligence and ensuring that your filings conform to applicable court rules. For legal advice about your specific case, consult with a licensed attorney or your local court's self-help center.

You got hurt at work. Maybe it was a sudden accident or an injury that built up over months. Either way, workers' compensation is supposed to cover your medical bills and replace some of your lost wages. But claims get denied, benefits get cut off, and insurers send you to their own doctors. Under federal law, employers with employees in maritime or longshore work are covered by the Longshore and Harbor Workers' Act (33 U.S.C. section 901). Most workers fall under state workers' comp systems. OSHA (29 C.F.R. section 1904) requires employers to keep injury records, and you have the right to copies. Whether you are filing your initial claim or appealing a denial, organized medical records and documentation of your injury are what win these cases.

Document Checklist

Initial claim documentation

Incident report
The report you filed with your employer describing how the injury happened -- request a copy if you do not have one
First report of injury form
The official form your employer filed with the workers' comp insurer
Date and time records
Your timesheet or clock-in records showing you were at work when the injury occurred
Witness statements
Written statements from coworkers who saw the accident or know about your condition
Photographs of the accident scene
Photos of the hazard, equipment, or conditions that caused your injury

Medical evidence

Emergency room records
ER visit records from the day of your injury, including intake notes and discharge instructions
Treating physician records
Office visit notes, treatment plans, and progress notes from your regular doctor
Diagnostic imaging
X-rays, MRIs, CT scans, and the radiologist's reports interpreting them
Surgical records
If you had surgery, the operative report and post-op instructions
Physical therapy records
PT evaluation, treatment logs, and progress assessments
Prescription records
List of medications prescribed for your injury with dates and dosages

Independent medical examinations

IME report
The report from the insurer's doctor -- read it carefully for inaccuracies
Your doctor's response to IME
Ask your treating physician to review the IME report and write a response if they disagree
IME appointment notes
Write down everything that happened during the IME immediately after: how long it lasted, what tests were done, what you were asked
Prior IME reports
If you have had multiple IMEs, keep all reports to show any inconsistencies

Wage and employment documentation

Pay stubs
Last 6 to 12 months of pay stubs to establish your average weekly wage
Tax returns
W-2s or 1099s for the year before your injury
Overtime records
If you regularly worked overtime, document it -- your benefit rate may include overtime pay
Light duty offer or rejection
Any offer of modified work from your employer and your doctor's opinion on whether you can do it
Employer communications
Emails or letters from your employer about your job status, return to work, or termination

Disputes and appeals

Denial or termination letter
The letter from the insurer denying your claim or cutting off your benefits
Petition for hearing
Your filed request for a hearing before the workers' comp board
Activity log
A daily diary of your pain levels, limitations, and what activities you can and cannot do
Functional capacity evaluation
If ordered, the FCE report assessing what physical work you can perform
Permanent disability rating
Your doctor's assessment of permanent impairment, if applicable

Common Mistakes to Avoid

Don't make these errors

1Not reporting the injury to your employer within the required timeframe -- most states require notice within 30 days, some within 10
2Skipping doctor appointments or gaps in treatment -- the insurer will argue your injury is not serious if you stop going to the doctor
3Not writing down what happened at the IME -- the insurer's doctor may misrepresent what you said or minimize your symptoms
4Posting on social media about physical activities while receiving benefits -- insurers check your social media
5Accepting a settlement without understanding what you are giving up -- many settlements waive your right to future medical treatment

Organization Tips

Pro tips for success

Create a medical chronology starting from the date of injury: every doctor visit, test, procedure, and prescription on a single timeline
Keep a daily pain diary for at least the first 6 months -- note your pain level (1-10), what you cannot do, and any medications taken
Organize pay stubs by date and calculate your average weekly wage before the hearing so you can state it clearly
Get copies of your OSHA 300 log from your employer -- it shows all recorded workplace injuries and may support that your workplace is dangerous
File every piece of correspondence from the insurer in date order, including letters, EOBs, and benefit checks
Tab your medical records by provider: all records from Dr. Smith together, all PT records together, all imaging together

Courtroom Preparation

Be prepared for your hearing

Workers' comp hearings are less formal than court but the evidence rules still apply -- bring organized, labeled exhibits
Your treating physician's opinion carries weight, but the IME doctor will contradict it -- be ready to explain why your doctor is more credible
Bring your daily activity log to counter any claims that you are exaggerating your limitations
Know your average weekly wage and the benefit rate you should be receiving -- these numbers come up immediately
If your doctor will testify by deposition or phone, coordinate with them before the hearing date
Prepare to describe the exact mechanism of your injury: what you were doing, what happened, and what you felt
Bring 3 copies of all exhibits: one for you, one for the judge, and one for the insurer's attorney

Frequently Asked Questions

How long do I have to report a workplace injury?

Deadlines vary by state, but most require you to notify your employer within 30 days of the injury. Some states give as few as 10 days. For repetitive stress or occupational disease claims, the clock usually starts when you knew or should have known the condition is work-related. Late reporting is one of the most common reasons claims get denied. Report immediately, even if you think the injury is minor.

Can the insurer make me see their doctor for an IME?

Yes. The workers' comp insurer has the right to require an independent medical examination. Despite the name, the IME doctor is chosen and paid by the insurer. You cannot refuse without risking your benefits, but you can bring someone to observe, record the exam if your state allows it, and ask your treating doctor to review and respond to the IME report. Write down everything immediately after.

What if my workers' comp claim is denied because of a pre-existing condition?

A pre-existing condition does not automatically bar your claim. Under the "eggshell plaintiff" rule, if your work injury aggravated or worsened a pre-existing condition, you are generally entitled to benefits for the aggravation. Your doctor needs to state clearly that the work injury made your condition worse. Provide medical records from before the injury to show your baseline and records after to show the change.

Can I be fired for filing a workers' comp claim?

Most states prohibit employers from retaliating against workers who file workers' comp claims. If you are fired, demoted, or have your hours cut after filing a claim, document the timeline and save any communications. You may have a separate retaliation claim in addition to your workers' comp case. However, an employer can terminate you for legitimate business reasons unrelated to your claim.

What is the difference between temporary and permanent disability?

Temporary disability benefits are paid while you are recovering and cannot work or can only work reduced hours. They end when your doctor says you have reached maximum medical improvement (MMI). Permanent disability benefits kick in if you have lasting impairment after reaching MMI. Your doctor assigns a permanent impairment rating, and your state's formula converts that into a dollar amount or number of weeks of benefits.

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