Question for My Brother...

[AZ Worker]

because he doesn't have a computer.

Hello, my name is Krissy and my brother has shoulder pain and feels it is due to work. And I'm sure he is right. He has worked his whole life in odd jobs. Construction, road work and such and never really staying at one job for long, for what ever reason. But not due to him being lazy. He is a hard worker. The job he is at now is a great job for him. In maintenance - been there around 6 months and he wants to file WC. He finally has medical insurance, (something he's never had on his own while with a company) dental insurance and vision. I think that having this insurance is worth it's weight in gold. And especiall for him.

What is his rights to WC in the state of AZ. I've heard because this is a right to work state, he could eventually get layed off after a certain amount of time. I know companies frown on WC claims, and I am trying to encourage him not to file. Just because of the great insurance has, his hourly rate is great and it could be a job he could be at for a long time. It worries me that if he files, he could loose his job. I don't want him to have to move back in with my mom. He done that practicall his whole life.

Thank you so much for your input,
Krissy

[1171]

Filing a claim does not give immunity from termination.
There are anti-discrimination provisions and he can file a complaint if he believes he was terminated for filing a claim.
Before a claim is accepted medical documentation that the condition was caused by the job is required.

[lfoster21]

In VA you have to fill out a form that states the accident happened and how it happened, with in 24 hrs. of the injury. After that, the company is not responsible for the injury. Looking back at all I have gone through, if I had to do it all over again, I would have put it through my regular insurance and never said a work re. W/C.

Also, even though they can't fire a person because they file for W/C, they can make it miserable for the employee, including getting other employees to treat the person bad. They may also find a different reason to let him go...he's missing too much work, not doing his work as well as expected etc. Since the 24 hrs. is past anyway, I would first go to his reg. Dr. and use his insurance that he has. If the insurance thinks it may be work related, they will send him a letter asking him if it is or not. If he says yes, they will then fight WC for paymet. But have him look into your state laws and see if he had to submit the report in a certain time limit. If he finds out that he doesn't qualify, right off the bat, then he would be better off not mentioning it. He'd risk being treated differently and possibly having the company watch his every move and waiting for a reason to fire him, just to be told he doesn't qualify.

Good luck.

[sparkey]

If i could do it all over again, i would use my own insurance and possibly take a leave of absence if it got really bad. I regret ever going through wc cause once you do, as people know on here, make you go through hell. Your work looks at you differently, your pay decreases, you have to go to their doctor, you have to fight for testing ( all while you suffer) and then left to heal on your own sometimes.

I am just saying, if it was me again, i would go through my primary care doc and get testing done. Get the REAL help you need.

That is just me, sorry.

[Still in Limbo]

Hi Krissy, I Hope You are Well Today! If Your brother's condition is something Mild, that can Heal in a Short Period of Time, I would Suggest He use His Personal Ins. If on the other Hand, He finds out it's Something more Serious, He may want to File a Claim, to Protect His Medical Care in the Future. So an Appt. with His Family Dr. may give Him some insight to the Issue at Hand. But Please let Your Brother know, Workers Comp. is not an easy thing to Deal with, and if the Injury is Minor, He should Steer Clear!! It Sounds Like He has a Pretty Good Job, and it would be a Shame to put it into Jeopardy for a Minor Issue, but as I said above, if it is More Serious, He may want to. At the Top of the Main Page of this Board there is a Section Titled "Info by State", and You can find info. on the Workers Comp. in Your State. Best of Luck to Your Brother, and I Hope this is only a Minor Set-Back!!

[Lilly]

Hi Krissy,
Here's the link for your state! Good luck ! Lilly

http://www.workerscompensation.com/arizona.php

[AZ Worker]

Thank you so much, you guys are just awesome. I knew I would find some good, personal experiences here. Your time/help is very much appreciated. I'll let you know what happens.

Thanks again, Krissy