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Your question can be taken 2 ways so I'll give 2 responses: # You don't have to file a claim, but it's recommended because you don't always know the long term effects of an injury or how a subsequent injury can make your condition much worse than it would if it were the first injury. # Any worker can opt out of the Workers' Comp system. By opting out you gain a right to sue your employer but you lose out on immediate benefits. Contact your employer or your state Workers' Comp board to learn how to opt out. Personally, I don't as a rule recommend opting out. Comp has valuable benefits, and especially in this economy, who knows whether your employer would be able to pay if you sue, and it takes a great deal of money to bring a lawsuit.

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16y ago

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