Augment LeadsWhy workers' comp is different in every state
Car accident claims are mostly about fault and insurance. Workers' comp is a no-fault benefits system created by state law, with its own agency, forms, deadlines and hearing process in each state. Federal employees are generally covered by a separate federal program instead. (See the US Department of Labor's Federal Employees' Compensation Act program.)
For a firm buying leads, that means one set of screening questions rarely fits every state. A lead that's a good fit in one state can be a poor fit in another, based on timing, the type of injury or the worker's status.
This page explains what varies, in general terms. It doesn't state specific deadlines or rules for any state. For those, go to the state's own workers' comp agency. The US Department of Labor keeps a directory of state workers' compensation officials with links to each state's agency.
What varies by state
Reporting the injury to the employer
Every state expects the worker to tell the employer about the injury, but the deadline and the form of notice differ. Some states set a short deadline, and some use language like "as soon as practicable." Whether and when the injury was reported is one of the first things intake asks.
Filing the claim
The deadline to file a claim with the state agency is usually separate from the deadline to tell the employer, and it's usually longer. Occupational diseases and injuries that develop over time often follow different timing rules.
Who picks the treating doctor
In some states the worker chooses. In others the employer or insurer directs care, at least at first, or the worker chooses from a list or network. This affects what intake should ask about treatment.
Waiting periods
Most states have a waiting period before wage-loss benefits start, and many pay that period back if the disability lasts long enough. The number of days varies.
Benefit types and how they're figured
States differ on how wage benefits are calculated, the maximums and minimums, and how permanent injuries are rated and paid.
Who's covered
Coverage rules differ for small employers, independent contractors, farm and household workers and some other groups. Some workers are covered by federal programs instead.
Attorney fees
In many states, attorney fees in workers' comp cases are set or approved by the state agency or a judge. Your firm knows the rules where it practices.
The dispute process
Each state has its own agency, judges or boards, and its own steps for contested claims.
How this shapes your lead screening
Because the rules differ, Augment Leads sets workers' comp screening with you state by state on the strategy call. Your filters can reflect, for each state:
- How recent the injury must be
- Whether the injury must have been reported to the employer
- Employment status you accept
- Treatment status
- Whether the worker already has an attorney
- Any injury types your firm does or doesn't take
Every workers' comp lead from Augment Leads includes: whether they were injured while working, employment status, injury date, state and ZIP, whether the injury was reported, medical treatment, injury details, whether they already have an attorney, an SMS-verified phone number and a TrustedForm certificate. Leads that fail your screening aren't sent. See workers' comp leads for the full service.
State guides
Each state guide covers how that state's system works for intake teams, with links to the state agency:
For other states, use the US Department of Labor directory to reach your state's agency.
Intake tips that work in any state
- Ask when the injury happened and when it was reported, separately.
- Ask who chose the doctor, not just whether they've been treated.
- Ask whether they're still working, on light duty or out of work.
- Ask whether they work for a private employer, a government agency or as a contractor.
- Ask whether they've talked to another lawyer.
- Confirm the state where the injury happened and the state where they work, if different.
For call openings and follow-up, see our speed-to-lead intake scripts.
How Augment Leads covers workers' comp
Augment Leads runs workers' comp campaigns nationwide. You choose the states where your firm is licensed, and leads only come from those states. Every lead is exclusive to one firm, comes with a TrustedForm certificate and an SMS-verified phone number, and unqualified leads get replaced under our written replacement policy, agreed before your first paid order. Founded in 2022, we're trusted by over 50 law firms. There's no agency retainer and no minimum term.
Spanish-speaking MVA and workers' comp leads are also available.
Frequently asked questions
Why do workers' comp rules differ by state?
Workers' compensation is created by state law, and each state runs its own system with its own agency, deadlines and benefit rules. Federal employees are generally covered by a separate federal program. That's why lead screening for workers' comp should be set state by state.
What should workers' comp lead screening include?
At minimum: whether the worker was hurt on the job, when it happened, whether they reported it, employment status, treatment, and whether they already have a lawyer. Your firm then sets the details for each state where it's licensed.
Can I get workers' comp leads in more than one state?
Yes. Augment Leads runs workers' comp campaigns nationwide. You choose the states where your firm is licensed, and we set your screening filters for each state with you on the strategy call.
Where can I find a state's workers' comp rules?
Go to the state's own workers' compensation agency. The US Department of Labor keeps a directory of state workers' compensation officials with links to each state's agency website.
Do you have guides for each state?
Yes. There are guides for Pennsylvania, California, Texas, Florida, New York, Illinois, New Jersey and Georgia, listed on this page. Each one links to the state agency for official rules.
Get workers' comp leads for your states
Book a strategy call. Tell us your states, and we'll set your screening state by state.