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If you are wondering whether you’re eligible to claim workers’ compensation after an injury, you need guidance from a skilled legal expert. Our Washington, DC workers’ compensation lawyers at Regan Zambri Long are here to assist. With over three decades of experience in litigation, our award-winning attorneys can navigate the complexities of workers’ comp claims so that you can successfully secure your compensation.
Our firm has helped numerous clients to navigate DC’s workers’ compensation laws, and we have also won many multi-million dollar settlements for those who have been injured on the job. With over $1 billion in settlements won to date, we have the legal knowledge and expertise needed to guide you through every step of the workers’ compensation claims process. Our legal work has earned us over 100 5 star reviews on Google to date, along with recognition from respected directories like Super Lawyers, Best Lawyers, and Martindale-Hubbell.
If you have questions about whether you are covered, contact our attorneys at Regan Zambri Long for a free consultation. We are available 24/7 and an attorney will call you back. If you have a case, no fees are charged unless we win.
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In order to qualify for workers’ compensation insurance, you must be considered an employee, according to the DC Workers’ Compensation Act. Specifically, an independent contractor is not an employee for purposes of workers’ compensation. Independent contractors are workers who do freelance, contracting, or other “gig” economy work like food delivery services or ride-sharing programs.
These are normally workers who receive 1099 forms for tax purposes, but just because you receive a 1099 doesn’t necessarily mean that you do not qualify for compensation. It is common for employers to misclassify workers as independent contractors instead of as employees to avoid tax liability. Courts normally weigh a handful of factors regarding your work to determine whether you are an employee or an independent contractor. Some of the factors a court might consider are:
Generally, the more control you have over your work and your schedule and the more you manage yourself, the more likely you will be to be classified as an independent contractor. The more oversight there is over your work and the more benefits you receive from your job, the more likely you will be classified as an employee.
Most employers are required to carry workers’ compensation coverage, but not all employers do. Laws vary by state and normally the requirement to carry coverage depends on how many employees the employer has and what type of business the employer conducts. In Washington, DC, the law requires every business to have workers’ compensation coverage, with some narrow exceptions. Some of these exceptions to the general rule are:
If you have been injured at work and your employer does not have workers’ compensation insurance in place, it’s essential to seek legal guidance immediately. You cannot file a workers’ comp claim if your employer is not covered, but DC laws may still allow you to file a personal injury claim against your employer directly, allowing you to recover damages for your injuries.
It’s important to distinguish between employers who are exempt from needing workers’ compensation insurance, and those who should legally have it but do not. If your employer is obligated to have insurance coverage but has failed to secure it, they may face significant fines and penalties, especially if the issue is ongoing. The DC Office of Workers Compensation may also require your employer to halt all of its operations until it secures the required insurance.
If your employer has failed to secure workers’ compensation insurance despite being legally obliged to do so, contact our legal team immediately, and we will outline your options for recourse.
Determining whether your injury was related to your job is normally pretty straightforward, and if you were performing a task that were benefited your employer and you were injured or became ill because of it, the injury would be considered work-related. Lunch breaks, company events, and travel to and from work are times when injuries would not be considered work-related. DC law generally recognizes three classifications of work-related injuries:
Finally, you must make sure that you follow your state’s guidelines for reporting and filing deadlines for workers’ compensation claims. You should always file a written report with your employer after the injury to put your employer on notice and make them aware of your injury or illness. Some states require you to report immediately, while others give deadlines ranging from 10 days to 90 days.
In Washington, DC, you are required to file a written report with both the DC Office of Workers’ Compensation and your employer within 30 days, according to the DC Department of Employment Services. You must submit your notice of injury to your employer and the OWC using the official Form OWC-7.
You will then file your workers’ compensation claim by filling out the Employee’s Claim Application (Form OWC-7A). Depending on the state, deadlines for filing range from 1 to 3 years after the injury. Under the federal program, the deadline is 3 years, but in DC, you only have 1 year to file your claim.
If you meet these criteria and you were injured as a result of your work conditions, you may be entitled to compensation for medical bills and lost wages. An experienced lawyer from Regan Zambri Long, PLLC would be an excellent resource and could help you record and document your injuries, make sure your claim is timely filed, and assist you if you are denied the benefits you deserve. Call us today to schedule a consultation.
If you need support during the process of filing for workers’ compensation, the expert attorneys at Regan Zambri Long are ready to assist you. With more than 200 years of collective experience in personal injury law, we have helped many clients successfully claim workers’ compensation and achieve multi-million dollar settlements in DC courts.
Our extensive knowledge and achievements in law have earned us numerous industry accolades and awards, with seven of our lawyers appointed to Best Lawyers for the quality of their work. Best Lawyers has named senior partner Patrick Regan as Lawyer of the Year for Mass Tort Litigation in 2022 and 2024 and Medical Malpractice Law in 2024, partner Salvatore Zambri as Lawyer of the Year for Product Liability Litigation in 2020, and partner Paul Cornoni as Lawyer of the Year for Workers’ Compensation. The directory also owns Best Law Firms, which our law firm has been awarded annually.
The same seven attorneys have also been honored as Super Lawyers, with Salvatore Zambri listed to the Top 10 Super Lawyers in Washington, DC, and Zambri, Patrick Regan, and Paul Cornoni also named to the Top 100 Super Lawyers in Washington, DC. All six of our partners also feature in the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers list, highlighting our dedication to upholding our clients’ rights.
Our skilled lawyers can answer all of your questions about workers’ compensation, assist you with filing your claims on time, and represent your case to help you claim the compensation owed to you.
There are three criteria you need to meet to be eligible to claim workers’ compensation benefits. Firstly, you need to be an employee, as independent contractors and ‘casual’ workers don’t qualify. Secondly, your employer needs to be covered by workers’ compensation insurance. Thirdly, your injury must also be directly related to your work, and have taken place during active working hours or activities.
The first step to filing a workers’ compensation claim in DC is to notify your employer of your injury within 30 days of the incident. The deadline for filing the Employee’s Application form OWC-7A is 1 year from the date of your injury.
If your workers’ compensation claim is approved, you can claim benefits for a range of expenses related to your injury or occupational disease. These benefits will cover the costs of your medical treatments, loss of income, and long-term rehabilitation to help you regain your physical or mental capacity.
You may also be awarded compensation for partial, full, temporary, or permanent disabilities, as well as disfigurement.
Once your employer or their insurance carrier approves your claim, you should receive your first workers’ comp payment within 14 working days. These benefits will be paid out every two weeks for the duration of your medical disability or illness.
If your claim is denied, your employer or their insurance provider will send you a DCWC Form 11 – Notice of Controversion Memo of Denial of Workers’ Compensation. You have a legal right to appeal this decision, either by requesting an informal meeting or scheduling a formal hearing.
Speak to our team at Regan Zambri Long immediately if your employer has denied your workers’ compensation claim. We will evaluate your case and guide you through the appeals process to help ensure that a decision is made in your favor.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.