Frequently Asked Questions

Everything you need to know about workers' compensation and the WorkShield platform.

For Employers

Am I required to carry workers' compensation insurance?

In nearly all states, yes. Most states require employers to carry workers' compensation insurance once they have one or more employees, though the exact threshold varies. Some states allow very small employers (1–4 employees depending on the state) or certain industries to be exempt. Failure to carry required coverage can result in severe penalties including fines, stop-work orders, and personal liability for claim costs. WorkShield's compliance dashboard alerts you to your state's specific requirements.

What is the employer's deadline to file a First Report of Injury?

Deadlines vary by state — typically between 24 hours and 10 days from when the employer learns of the injury. Common timeframes:

  • California: Within 5 days of knowledge of injury
  • Florida: Within 7 days for lost-time injuries
  • New York: Within 10 days
  • Texas: Within 8 days for injuries causing more than 1 day of absence

WorkShield's built-in deadline tracker alerts your team automatically based on your state settings.

What is an experience modification rate (EMR) and how does it affect my premiums?

Your Experience Modification Rate (EMR or "e-mod") is a multiplier applied to your workers' comp premium based on your actual claims history compared to other businesses in your industry. An EMR of 1.0 is average. Below 1.0 means fewer-than-average claims (you pay less); above 1.0 means more claims (you pay more). A high EMR can also disqualify your company from bidding on certain government contracts. WorkShield's analytics help you identify injury trends that drive your EMR upward before they impact your rates.

What are my OSHA recordkeeping obligations?

Most employers with 10+ employees in non-exempt industries must maintain three key OSHA forms: the OSHA 300 Log (year-round injury/illness log), the OSHA 300A Summary (must be posted Feb 1–Apr 30 each year), and the OSHA 301 Incident Report (detailed report for each recordable case). Employers in certain high-hazard industries must also submit data electronically to OSHA's Injury Tracking Application. WorkShield automates all three forms and sends you reminders for the OSHA 300A posting period.

For Injured Workers

What should I do immediately after a workplace injury?

Take these steps as soon as possible:

  • Seek medical attention — in a medical emergency, call 911 immediately.
  • Report the injury to your supervisor or HR department right away — most states require you to report within 30 days, but reporting immediately protects your rights.
  • Document everything — note the time, location, what you were doing, and any witnesses.
  • File a claim through WorkShield — use the employee portal to submit your injury report and track your claim status.
  • Follow the treatment plan — see only authorized treating physicians unless it's an emergency.

What benefits am I entitled to under workers' compensation?

Workers' comp typically provides four types of benefits:

  • Medical Benefits: All reasonable and necessary medical care related to the work injury — doctor visits, surgery, physical therapy, medication, and more.
  • Temporary Total Disability (TTD): Wage replacement benefits (typically 66.67% of your average weekly wage, up to a state maximum) while you are unable to work.
  • Temporary Partial Disability (TPD): Partial wage replacement if you return to work in a reduced capacity at lower wages.
  • Permanent Disability: Compensation if you have lasting impairment after reaching maximum medical improvement.
  • Vocational Rehabilitation: Retraining assistance if you cannot return to your prior occupation.

Can my employer fire me for filing a workers' comp claim?

It is illegal in all 50 states for an employer to retaliate against an employee for filing a workers' compensation claim. Retaliation can include termination, demotion, harassment, reduction in hours, or other adverse employment actions taken because of the claim. If you believe you have been retaliated against, document everything and contact your state's workers' compensation board or consult an employment attorney. Note: WorkShield is a technology platform and cannot provide legal advice — if you believe your rights have been violated, please seek qualified legal counsel.

Filing & Managing Claims

What is a First Report of Injury (FROI) and when must it be filed?

The First Report of Injury (FROI) is the initial document filed with the state workers' compensation board notifying them of a workplace injury. It collects key information about the employer, the injured worker, and the details of the injury. Deadlines typically range from 24 hours (for fatalities in some states) to 10 days from the date of injury or when the employer learned of the injury. WorkShield auto-selects the correct state-specific FROI form and notifies you of the applicable deadline.

What happens after a claim is filed?

After a claim is filed, here's the typical process:

  • The insurance carrier assigns a claims adjuster (usually within 1 business day on WorkShield)
  • Coverage is verified and the claim is accepted or denied (denial must state specific reasons)
  • Medical treatment is authorized, and the adjuster begins managing the claim
  • If the employee is out of work, indemnity payments begin after the applicable waiting period
  • The adjuster monitors medical progress and coordinates return-to-work
  • The claim is closed when the worker reaches Maximum Medical Improvement and all benefits are settled

What if my claim is denied?

If your claim is denied, you have the right to appeal the decision. The denial letter must state the specific reasons for denial. You can file an appeal with your state's workers' compensation board, and in most states you have between 1 and 3 years to do so (depending on the state). It is strongly recommended to consult with a workers' compensation attorney before appealing — most work on a contingency fee basis and do not charge upfront. WorkShield is a filing and management platform and does not provide legal advice.

Using WorkShield

How does WorkShield integrate with my existing HR/payroll system?

WorkShield offers native integrations with leading HRIS and payroll platforms including ADP, Workday, Paychex, BambooHR, and Rippling. We also provide a REST API and SFTP-based flat-file imports for custom integrations. Employee data, wage information, and job classifications can be synced automatically, reducing manual data entry and ensuring claims are pre-populated accurately. Integration setup typically takes 1–3 business days with our Professional and Enterprise plans.

Is WorkShield available in all 50 states?

Yes. WorkShield supports workers' compensation compliance and claim management in all 50 states, Washington D.C., Puerto Rico, and the U.S. Virgin Islands. State-specific FROI forms, EDI transmission standards, reporting deadlines, and benefit calculations are all pre-configured. Note: Texas is a non-compulsory state with a unique system (non-subscriber option), and WorkShield accommodates both certified and non-subscriber employer workflows in Texas.

How is our data secured and who can access it?

WorkShield is SOC 2 Type II certified and fully HIPAA compliant. Data is encrypted in transit (TLS 1.3) and at rest (AES-256). Role-based access controls ensure that employees can only see their own claim data, while employer admins and adjusters have tiered access based on their roles. All data access is logged and auditable. We maintain a minimum 7-year retention policy for claims records per HIPAA requirements. Our data centers are located in the U.S. and we do not share PHI with any third parties without authorization.

Still Have Questions?

Our workers' comp specialists are available Monday–Friday, 8am–6pm ET to help you navigate the system.