District of Columbia supplement

DISTRICT OF COLUMBIA SUPPLEMENT

What Every Injured Worker Needs to Know About Workers' Compensation

Special Rules for Injured Workers in Washington, D.C.

Current through August 14, 2026 – Always consult an attorney as laws may change

This information is about PRIVATE SECTOR claims only and DOES NOT APPLY to claims for injuries for government workers.

A Special Note to Washington, D.C. Readers

The main portion of this book explains workers' compensation principles that apply generally throughout the United States.

Washington, D.C., however, has its own workers' compensation system, its own forms, deadlines, medical-treatment rules and procedures.

This Supplement discusses the District of Columbia Workers' Compensation Act, which principally governs private-sector employees working in the District.

Before going further, determine which workers' compensation system applies to you.

If you are:

• a private-sector employee working in Washington, D.C., the D.C. Workers' Compensation Act may apply;
• a D.C. government employee, a different District public-sector workers' compensation system applies; or
• A federal government employee, federal workers' compensation law generally applies instead.

The D.C. Office of Workers' Compensation, part of the Department of Employment Services, administers workers' compensation for private-sector employees in the District.

This Supplement is general consumer education. It is not legal advice concerning a particular claim.

1. WHO IS GENERALLY COVERED?

The District requires workers' compensation coverage for private employers, and nearly every private-sector employee working in the District is protected, subject to statutory exclusions and special rules.

D.C. government employees and federal government employees are governed by different workers' compensation systems. The District specifically identifies certain categories, such as some independent contractors and unpaid volunteers, as potentially outside ordinary private-sector coverage.

Do not assume you are uncovered merely because:

• you work part-time;
• your employer is small;
• your employer calls you an independent contractor;
• you are paid in an unusual manner; or
• you do not know whether the employer purchased insurance.

If there is a coverage question, investigate before giving up your rights.

2. WHAT TYPE OF INJURY MAY BE COVERED?

Workers' compensation benefits may be available when an injury arises out of and in the course of employment.

Not every injury that happens to occur at work is necessarily compensable. The connection between the injury and the employment matters.

Questions may include:

• What caused the injury?
• What were you doing when it happened?
• Were you performing your job?
• Was the activity related to your employment?
• Where did the injury occur?
• Did the condition result from a single accident or develop through occupational exposure?

The D.C. system also covers qualifying occupational illnesses and diseases.

3. REPORT THE INJURY IMMEDIATELY

Do not wait.

The D.C. Code generally requires notice of an injury or death within 30 days after the injury or death, or within 30 days after the employee or beneficiary knew-or through reasonable diligence should have known-of the relationship between the injury or death and the employment. The notice must be given to:

the employer

AND

the District's Office of Workers' Compensation.

The notice is to be in writing and should contain:

• the employee's name and address;
• the time of the injury;
• the place of the injury;
• the nature of the injury; and
• the cause of the injury.

The District uses DCWC Form 7 – Employee's Notice of Accidental Injury or Occupational Disease for this purpose.

The safest rule:

Report the injury immediately.

Do not wait until Day 30.

4. THERE CAN BE EXCEPTIONS TO THE 30-DAY NOTICE RULE – BUT DO NOT RELY ON THEM

The statute contains provisions under which failure to give timely notice may not bar a claim. For example, relief may be possible when the employer or insurance carrier had knowledge of the injury and its relationship to the employment and was not prejudiced, or when the failure is excused for a satisfactory reason.

But these are provisions designed to address problems after they happen.

They are not a reason to delay reporting.

Report promptly and create a written record.

5. REPORTING THE INJURY IS NOT THE SAME AS FILING YOUR CLAIM

This distinction is extremely important.

D.C. uses two separate employee forms:

FORM 7

Employee's Notice of Accidental Injury or Occupational Disease

and

FORM 7A

Employee's Claim Application

The District instructs injured workers to file Form 7 to report the injury and Form 7A to preserve the formal workers' compensation claim.

Do not assume that:

• your employer's accident report;
• the employer's knowledge of your accident;
• communication with the insurance company;
• an adjuster's telephone call; or
• voluntary payment of some benefits

means that you have completed everything necessary to protect your claim.

Remember:

NOTICE IS ONE STEP.

FILING THE CLAIM IS ANOTHER.

6. THE GENERAL D.C. CLAIM-FILING DEADLINE IS ONE YEAR

The D.C. Code generally provides that the right to compensation for disability or death is barred unless a claim is filed within one year after the injury or death.

If compensation has been paid voluntarily without an award, the statute generally permits the claim to be filed within one year after the date of the last payment.

The limitations period does not begin until the employee or beneficiary knows, or through reasonable diligence should know, of the relationship between the injury or death and the employment.

The District instructs employees to use DCWC Form 7A – Employee's Claim Application.

Do not wait one year.

The existence of a one-year deadline does not mean you should postpone filing.

FILE PROMPTLY.

7. OCCUPATIONAL DISEASES CAN INVOLVE A DIFFERENT STARTING POINT

The District's 30-day notice rule recognizes that an employee may not immediately know that a disease or medical condition is related to employment.

The notice period can therefore run from when the employee became aware, or through reasonable diligence should have become aware, of the relationship between the condition and the employment.

Likewise, the one-year claim-filing period does not begin to run until the employee knows, or reasonably should know, of that employment relationship.

This can become especially important in claims involving conditions that develop gradually.

If you believe your work caused or materially contributed to an occupational disease, do not try to calculate the deadline casually. Get advice promptly.

8. YOU GENERALLY HAVE THE RIGHT TO CHOOSE YOUR DOCTOR

This is an important D.C. rule.

The D.C. Workers' Compensation Act expressly provides:

The employee has the right to choose an attending physician.

That makes Washington, D.C. significantly different from Virginia's employer-panel system.

If the employee is unable to select a physician because of the nature of the injury and immediate treatment is required, the employer may select a physician initially.

The District's own workers' compensation guidance likewise tells employees that they may choose their own physician.

Practical advice:

Choose your treating physician carefully.

Medical treatment, work restrictions, causation opinions and permanent impairment can all become important in the claim.

9. WHAT MEDICAL CARE CAN BE PROVIDED?

For a compensable injury, D.C. law requires the employer to furnish medical and related services for as long as the nature of the injury or recovery process requires.

The statute specifically addresses such benefits as:

• medical treatment;
• surgical treatment;
• hospital services;
• nursing services;
• medicine;
• prosthetic appliances;
• certain assistive devices;
• vocational rehabilitation; and
• necessary travel expenses associated with covered services.

The statute also provides that medical-care providers may not hold employees personally liable for services rendered in connection with a compensable injury under the Act.

Keep your own copies of medical records, work notes and treatment recommendations.

10. THE EMPLOYER MAY REQUEST A MEDICAL EXAMINATION

Although you generally have the right to choose your attending physician, that does not mean the employer has no medical-examination rights.

D.C. Law provides consequences when an employee unreasonably refuses an examination by a physician selected by the employer.

An unreasonable refusal can result in suspension of compensation and medical payments during the period of refusal, unless circumstances justify the refusal.

Therefore:

Do not simply ignore a medical-examination request.

If you believe the examination request is improper, obtain advice and address it through the appropriate procedure.

11. WHAT HAPPENS TO YOUR PAYCHECK?

For temporary total disability, the District generally provides compensation equal to 66⅔% of the employee's average weekly wages, subject to the statutory maximum and minimum rules.

Permanent total disability is likewise generally compensated at 66⅔% of average weekly wages during the continuance of the qualifying disability.

The actual benefit depends upon the employee's legally determined average weekly wage and the applicable statutory limits.

Do not assume the insurance carrier's wage calculation is necessarily correct.

Review the wage records.

12. D.C.'S THREE-DAY WAITING PERIOD

Washington, D.C. generally has a three-day waiting period for disability compensation.

No disability compensation is ordinarily allowed for the first three days of disability, although the medical benefits provided under the Act are treated separately.

But there is an important exception:

If the disability lasts more than 14 days,

compensation is allowed from the date the disability began.

Remember:

3 DAYS — ordinary waiting period

MORE THAN 14 DAYS — compensation generally relates back to the beginning of disability

13. WHAT IF YOU RETURN TO WORK BUT EARN LESS?

D.C. law also provides benefits for qualifying temporary partial disability.

The benefit is generally 66⅔% of the worker's wage loss, meaning the difference between the pre-disability average weekly wage and the worker's actual post-disability wages. Temporary partial disability benefits ordinarily may not continue for more than five years.

Do not assume:

"I went back to work, so my workers' compensation benefits are automatically over"

Returning to work and returning to your former earning capacity are not necessarily the same thing.

14. PERMANENT PARTIAL DISABILITY

Washington, D.C. has a detailed schedule for permanent partial disability benefits involving specified losses or losses of use.

The statute assigns particular periods of compensation to losses involving such body parts as:

arms;

• legs;
• hands;
• feet;
• eyes;
• fingers;
• toes; and
• hearing.

Partial losses of use may result in proportional awards. D.C. law also permits consideration of the most recent edition of the American Medical Association's impairment guides along with factors including:

• pain;

weakness;

• atrophy;

loss of endurance; and

• loss of function.
• A permanent-impairment evaluation can therefore become financially significant.

15. MAXIMUM MEDICAL IMPROVEMENT DOES NOT MEAN "FULLY RECOVERED"

An injured worker can reach maximum medical improvement and still have:

• pain;
• physical limitations;
• permanent impairment;
• permanent work restrictions; or
• reduced earning capacity.

Maximum medical improvement generally concerns whether substantial additional medical improvement is anticipated.

It should not automatically be understood to mean:

"Nothing is wrong anymore."

Permanent disability issues often become important around this point in a claim.

16. D.C. HAS IMPORTANT LIMITS ON SOME PARTIAL-DISABILITY BENEFITS

For an injury causing temporary or permanent partial disability, D.C. law generally limits disability payments to a total of 500 weeks.

The statute provides a potential extension of up to 167 additional weeks in qualifying circumstances involving continued whole-body impairment exceeding the statutory threshold, provided the employee petitions within the required period.

Because this is a specialized rule with medical and procedural requirements:

A seriously or permanently injured worker should obtain individual advice rather than trying to calculate long-term entitlement from a simple chart.

17. VOCATIONAL REHABILITATION

D.C. law requires the employer to furnish qualifying vocational-rehabilitation services and necessary travel expenses.

The statute states that vocational rehabilitation should be designed, within reason, to return the employee to employment at a wage as close as possible to the wage earned at the time of injury.

Vocational rehabilitation can become important when the injured worker cannot return to the former job.

Do not treat vocational rehabilitation as meaningless paperwork.

It may directly affect:

• future employment;

earning capacity; and

• workers' compensation benefits.

18. CAN YOU SUE YOUR EMPLOYER FOR NEGLIGENCE?

Generally, no.

For an injury covered by the D.C. Workers' Compensation Act, workers' compensation is ordinarily the employee's exclusive remedy against the employer and specified persons associated with the employer for an injury arising out of and in the course of employment.

That is one of the fundamental trade-offs of workers' compensation.

You ordinarily do not have to prove negligence in the same way as in an ordinary personal injury lawsuit.

But workers' compensation does not ordinarily provide all of the damages potentially available in a personal injury case.

The statute contains an important exception when an employer required to secure workers' compensation coverage fails to do so.

19. SOMEONE OTHER THAN YOUR EMPLOYER MAY BE RESPONSIBLE

This may be one of the most important sections in this Supplement.

D.C. law expressly recognizes the possibility that an injured worker may receive workers' compensation while also having a damages claim against a legally responsible third party.

Example:

You are driving during your employment.

Another driver negligently causes a collision.

You may potentially have:

CLAIM ONE — WORKERS' COMPENSATION

for applicable medical treatment, wage-loss benefits and other compensation.

AND

CLAIM TWO — A PERSONAL INJURY CASE

against the negligent driver.

Other third-party situations may involve:

• defective machinery;
• defective products;
• negligent contractors;
• unsafe property;
• negligent drivers; or
• another legally responsible person or business outside the protected employment relationship.

20. D.C.'S THIRD-PARTY RULE CONTAINS A VERY IMPORTANT SIX-MONTH PROVISION

This deserves special attention. Under D.C. law, acceptance of compensation under an award generally operates as an assignment of the worker's rights against the third party to the employer unless the injured worker begins the third-party action within six months after the award.

If the employer then fails to commence an action within the statutory period after assignment, the right may revert to the injured worker.

This is not a deadline that should be casually managed without legal advice.

The consumer lesson:

If a third party may have caused your workplace injury, identify that possibility immediately.

Do not wait until the workers' compensation case is almost finished before asking whether there is another claim.

21. THIRD-PARTY SETTLEMENTS CAN AFFECT YOUR WORKERS' COMPENSATION RIGHTS

The D.C. statute contains detailed provisions governing how third-party recoveries interact with workers' compensation benefits.

The employer or insurance carrier can have reimbursement and subrogation rights for compensation and medical benefits it has paid.

There is an especially important rule when an injured worker proposes to compromise the third-party claim for less than the compensation to which the worker would otherwise be

entitled: written approval from the employer and insurance carrier can become necessary to preserve further compensation rights under the statute.

Therefore:

Never settle a significant third-party case arising from a workplace injury without determining the effect on the workers' compensation claim.

22. WHAT IF THE INSURANCE COMPANY DENIES THE CLAIM?

A denial by the employer or insurance carrier is not necessarily the final decision.

The District's workers' compensation process provides procedures for disputes.

DOES explains that disputes may proceed through an informal conference and, if unresolved, to a formal hearing before an Administrative Law Judge. Decisions can be reviewed through the District's workers' compensation appellate process.

Disputes can involve such questions as:

• whether the injury arose out of employment;
• whether it occurred in the course of employment;
• whether proper notice was given;
• whether the claim was timely filed;
• whether the medical condition is related to employment;
• whether treatment is reasonable and necessary;
• whether disability continues;
• the amount of the average weekly wage;
• the extent of permanent impairment; and
• entitlement to vocational rehabilitation.

A denial letter is a position taken by the employer or carrier. It is not necessarily the final adjudication of your rights.

23. CHANGE-OF-CONDITION AND REOPENING DEADLINES REQUIRE SPECIAL ATTENTION

D.C. law contains deadlines for seeking modification of a compensation award based upon a change in condition.

As a general rule under the modification statute, review may be sought before one year after the last payment of compensation or one year after rejection of the claim, although a three-year period applies to a specified category of nonscheduled permanent-partial-disability claims.

Separately, the D.C. Code contains a provision allowing an injured employee up to three years after termination of nonscheduled benefits to reopen the case because of a change in condition.

Because these provisions apply differently depending upon the type of benefit and procedural posture of the case:

Never assume an old workers' compensation case can be reopened indefinitely.

Ask which particular deadline applies to your situation.

24. SETTLEMENTS CAN BE FINAL

D.C. law permits written lump-sum settlements.

The statute authorizes approval when the settlement is determined to be in the injured employee's best interests and provides that an approved settlement constitutes a complete and final disposition of the case and a final binding compensation order.

Before settling, ask:

• Is my medical condition stable?
• Could I need future surgery?
• Will future medical care be closed?
• Do I have permanent restrictions?
• Can I return to my former occupation?
• Do I have permanent impairment?
• What wage-loss rights am I surrendering?
• Is there a third-party personal injury case?
• What reimbursement or subrogation rights exist?
• Exactly what rights will end when I sign?

Do not evaluate a settlement only by looking at the amount of the check.

Look equally carefully at what you are giving up.

25. ATTORNEY FEES ARE REGULATED

Attorney fees for lawyers representing workers' compensation claimants are subject to approval.

D.C. law also provides that an attorney's fee may not be approved in excess of 20% of the actual benefit secured through the attorney's efforts, including benefits secured through settlement.

Under certain circumstances involving successful prosecution of a disputed claim, the employer or insurance carrier may be responsible for a reasonable attorney's fee.

Ask your lawyer to explain:

• who will pay the fee;

how the fee will be calculated;

• whether the employer or carrier may be responsible for some fees; and
• whether costs are treated separately.

26. WORKPLACE DEATH CLAIMS

The D.C. Workers' Compensation Act provides benefits for qualifying survivors when a covered workplace injury results in death.

The general claim-filing statute requires a death claim to be filed within one year after death, subject to the statutory provisions concerning awareness, prior voluntary payments and other exceptions.

A workplace death may also create a potential third-party wrongful-death claim when someone outside the protected employment relationship is legally responsible. Families facing a workplace fatality should obtain qualified advice promptly.

27. THE TEN RULES EVERY INJURED D.C. WORKER SHOULD REMEMBER

RULE 1 — FIRST DETERMINE WHICH WORKERS' COMPENSATION SYSTEM COVERS YOU.

Private-sector, D.C. government and federal employees are not all governed by the same law.

RULE 2 — REPORT THE INJURY IMMEDIATELY.

Do not wait until the 30-day notice period is about to expire.

RULE 3 — FILE FORM 7.

Give written notice to the employer and the Office of Workers' Compensation.

RULE 4 — FILE FORM 7A.

The general claim-filing deadline is one year, but there is no advantage in waiting.

RULE 5 — UNDERSTAND YOUR RIGHT TO CHOOSE YOUR DOCTOR.

D.C. law expressly gives the employee the right to choose an attending physician.

RULE 6 — FOLLOW YOUR MEDICAL TREATMENT AND RESTRICTIONS.

Protect both your health and your claim.

RULE 7 — KEEP EVERYTHING.

Medical records.

Work slips.

Pay records.

Emails.

Texts.

Insurance correspondence.

Forms.

RULE 8 — ALWAYSASK WHETHER SOMEONE OTHER THAN YOUR EMPLOYER CAUSED THE INJURY.

The answer may reveal an important third-party claim.

RULE 9 — BE PARTICULARLY CAREFUL ABOUT THE SIX-MONTH THIRD-PARTY RULE AFTER AN AWARD.

Do not allow valuable third-party rights to be affected simply because you did not know the rule existed.

RULE 10 – BEFORE SETTLING, KNOW EXACTLY WHAT YOU ARE GIVING UP.

An approved D.C. settlement can constitute the complete and final disposition of the case.

28. D.C. INJURED WORKER'S IMMEDIATE-ACTION CHECKLIST

• Determine whether you are a private-sector, D.C. government or federal employee.
• Obtain necessary emergency medical care.
• Report the injury to your employer immediately.
• Put the report in writing.
• Complete DCWC Form 7.
• File Form 7 with the employer and D.C. Office of Workers' Compensation.
• Do not wait until the 30-day notice deadline.
• Identify witnesses.
• Photograph the accident location when appropriate.
• Preserve relevant evidence.
• Choose your treating physician carefully.
• Tell your doctor exactly how the injury occurred.
• Identify every injured body part.
• Obtain written work restrictions.
• Keep copies of medical records and work notes.
• Keep pay records.
• Complete and file DCWC Form 7A.
• Do not wait until the one-year claim deadline approaches.
• Determine whether a third party caused the accident.
• Do not settle a third-party claim without considering the workers' compensation consequences.
• Do not settle the workers' compensation case without understanding what future rights will end.
• Get qualified help when the claim becomes disputed, serious or confusing.

29. FIVE D.C. NUMBERS WORTH REMEMBERING

30 DAYS

The general period for written notice of the injury to the employer and the Office of Workers' Compensation.

1 YEAR

The general period for filing the formal workers' compensation claim, subject to the statutory rules involving awareness and voluntary payments.

3 DAYS

The ordinary waiting period for disability compensation.

14 DAYS

If disability lasts more than 14 days, disability compensation generally relates back to the beginning of the disability.

6 MONTHS

After acceptance of compensation under an award, an important six-month period can apply to the employee's right to commence a third-party action before statutory assignment occurs.

30. BUT THE MOST IMPORTANT WORD IS:

NOW.

Do not wait 30 days to report an injury because the law generally allows 30 days.

Do not wait one year to file a claim because the law generally allows one year.

Do not wait six months to investigate whether someone else caused your injury.

The safer approach is:

REPORT IT NOW.

DOCUMENT IT NOW.

FILE YOUR CLAIM PROMPTLY.

INVESTIGATE THIRD-PARTY RESPONSIBILITY NOW.

CONCLUSION — PROTECT YOUR HEALTH AND PROTECT YOUR RIGHTS

Workers' compensation can provide important protection when a Washington, D.C. employee is injured because of work.

But those protections do not operate entirely by themselves.

The injured worker has responsibilities too.

Report the injury.

Put it in writing.

File the proper forms.

Obtain appropriate medical care.

Follow your medical restrictions.

Keep your records.

Know your deadlines.

Tell the truth

And always ask whether someone outside your employment relationship may also have caused your injury.

You do not need to become an expert in workers' compensation law.

You need to know enough to recognize when something matters.

When a decision may affect your medical treatment:

Ask before you act.

When someone asks you to settle:

Understand before you sign.

When another person may have caused your injury:

Investigate before valuable rights disappear.

Your first priority is your health.

Your next priority is protecting your future.

Protect both.

IMPORTANT

This Supplement provides general educational information concerning the District of Columbia workers' compensation system for private-sector employees. It is not legal advice and does not create an attorney-client relationship.

D.C. government employees and federal government employees are governed by different workers' compensation systems.

Workers' compensation rights depend upon the facts of each case, and exceptions, special classifications and additional requirements may apply.

The law can change. Always verify current requirements when dealing with an actual claim.