workman's comp / termination / personal injury

While at work, I injured my shoulder during physical training, which 1 hour each shift is required by my employer. My employer is trying to terminate me for another matter, am I still eligible for workman's comp after termination, or if I resign? Also, someone mentioned about a personal injury claim, is there another claim I can file?

1 answer  |  asked Jan 15, 2008 10:34 AM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
Worker comp is exclusive remedy

When you are injured at work, worker compensation is your exclusive remedy unless your injury was caused by someone outside the company. If you file a personal injury claim against a third party, the worker compensation carrier will put a lien against your recovery in that case to recoup benefits paid to you.
Your termination will not disqualify you from receiving worker compensation benefits, but it may impact the benefits you can recover for lost earnings. You should consult with a qualified worker compensation attorney. In Arizona worker compensation is a certified specialty area, and many worker comp attorneys are certified specialists.

posted by Francis Fanning  |  Jan 15, 2008 1:10 PM [EST]

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