Filing a workers' compensation claim is your right! Your employer is required to maintain workers' compensation insurance to protect you and it in the event you are injured while working. Filing a workers' compensation claim is not the same as suing your employer. You are not filing a lawsuit against your employer, but rather seeking benefits/compensation you are entitled to under the law.

You give up your body everyday for a paycheck. If you are injured in a work related accident of any kind, have an injury from wear and tear on a body part, or from exposure to a noxious substance that is substantially related to your work, always, always file a workers' compensation claim. Even if one of the following occurs:

1. Your employer tells you it will pay all of you medical bills and lost wages.
2. Your employer says use short or long term disability insurance for your lost wages because it pays better than workers' compensation.
3. You are afraid your employer will fire you or discriminate against you by cutting your hours, giving you more work, less enjoyable work.
4. You don't think the injury is that severe.

Preserve your rights today!!! Do not delay in filing your workers' compensation claim. Generally, with certain limited exceptions, you have one year from the date of injury to file your claim or forever be barred from bringing a claim. Exceptions to this rule include claims for repetitive trauma (S31-275(16)) or occupational disease (S31-275(15)). You should not assume that your injury falls under any one of the particular categories cited herein. You should consult an attorney at once relative to your specific case.

Please be aware that filling out an incident form or a first report of injury form is not the same as filing your workers' compensation case. If you are not sure how to file the claim, consult with a lawyer.

The advantages of filing a workers' compensation claim are:

1. You are entitled to compensation for time you miss from work after the third calendar day of your incapacity (the first day of injury does not count). Benefits start on the fourth day with the exception of an injury or illness that causes an employee to be incapacitated for seven or more days in which case benefits start from the day of injury or illness.
2. If you have a permanent injury, you are entitled to money based on the degree of permanency and the body part disabled.
3. You are entitled to be compensated for doctor's appointments which you have to attend during work hours and in some case during non-work hours.
4. You are entitled to be compensated for mileage and parking fees for all medical appointments.
5. You are entitled to have all prescriptions and bills paid with no co-pay or deductable.
6. If your condition gets worse in the future and you can't work, you are entitled to be compensated for the time you are unable to work.
7. If your permanent injury gets worse over time, you are entitled to additional compensation for the injury.
8. When you leave your employer, retire or are otherwise no longer wor king for the employer when your injury occurred, your case may have settlement value if you wish to close the case and relinquish all future rights.
9. Once your workers' compensation case is accepted, you are always entitled to the vocational rehabilitation program. This program is available at generally little to no cost for persons who are injured at work and can no longer return to their type of work due to their injury. Some of the benefits of this program include:
   • job-retraining
   • training for new position
   • evaluation and testing
   • education including schooling
   • job counseling
     
   • job placement