Legal Question in Workers Comp in Arizona

why wasn't I put on workman's comp?

I was rear ended while working. I was injured and will be off work 6-8 weeks. My company put me on STD and FMLA instead of Workman's comp? I would like to know if I should have been put on workman's comp. Wondering if my company is pulling a fast one.


Asked on 8/27/04, 6:21 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: why wasn't I put on workman's comp?

You need to watch out...it sounds like you may work for an employer with an agenda to "hide" workers' compensation claims. It is not in your interests to let this happen.

You should check with the Industrial Commission to see if a claim has been filed. Also check with your first medical provider to see if they filed a claim form (signed by you and the doctor) with the Commission as required by law.

If you're truly out for only six weeks, and you fully recover to 100%, you might not mind if the claim never gets filed and you get paid under STD. (You didn't mention how your medical bills are getting paid.) On the other hand, without a valid claim on file at the Commission, you lack the protections of the law, including the right to potential lifetime medical and compensation benefits, and the right to have a judge at the Commission hear your case if you ever have a dispute.

Please remember this: Your employer does not put you on workers' compensation. It is up to you. Your employer does not control the decision. You do, and you can communicate directly with the Commission in order to do so.

Please feel free to call my office at 602-253-1789 or 800-863-4449 to discuss this matter further without obligation.

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Answered on 8/27/04, 6:42 pm


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