Do you have to file a workers compensation claim or can you chose not to?

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4 Answers

Tom  Jackson Profile
Tom Jackson answered

Some labor contracts require that you use the CA-1 form to notify your employer of an on-the-job injury.

Jaimie  JT Profile
Jaimie JT answered

You always have to report an onsite work incident to your JHSC  that could lead to a compensation claim. But no , you don't ever have to file for compensation. That applies to Canadian standards anyway. You're probably not Canadian though ... So ... I have no idea then. :p

Walt O'Reagun Profile
Walt O'Reagun answered

You don't have to.

But if you have to take time off from work, the only way to protect your ability to come back is to file a claim.  Otherwise, the employer can claim you quit.

Arthur Wright Profile
Arthur Wright , Florida Paralegal, answered

You do need to file what is called the "first 24 hour report" of any injury on the job whether you go on WC or not.If that report is not filed, then chances are you will not get WC . If the injury isn't serious then no biggie but if it is serious and you didn't make that report, you could be held for costs and employer could fire you with cause. The report also protects you from being fired illegally. If you are unable, usually a Supervisor will fill out the report and employers are looking out for themselves here before you.  Usually many injured employees go by if the injury forces them out longer than 7 days , they go with it.  Now I was seriously hurt a little over 6 years ago now in a construction accident that ended my career and ended my working days  and the State of Florida helped me thru the process and am still on WC and SS Disability and am now 110% disabled with permanent injuries and my employers tried getting me on not filing that report and then on drug testing but the Project Supervisor filled one out for me while I was in the ER Trauma One unit and Nurses drew 6 vials of blood but none was used for drug testing so WC is like a living hell so if you don't really need it, don't use it  but if uncertain, contact a Employment Lawyer specializing in WC and cover your butt.

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