Non-Posting of Notices Could Mean You Can Sue Your Employer

Employers in Arizona are required to post notice to their employees that the employees have a right to reject workers’ compensation insurance coverage prior to an on-the-job accident. Typically, this notice needs to be posted in a common area such as the breakroom.

In Phoenix, if an injured worker suffers an on-the-job injury and their employer has not posted notice of the right to reject workers’ compensation insurance, and the employer is negligent in causing the accident, the employee could sue the employer instead of electing workers’ compensation remedies.

In addition to the notice that should be posted in a common place, Flagstaff, Arizona employers should keep blank rejection sheets handy for employees to complete if they decide they do not want to be covered by workers’ comp insurance. The rejection is typically done at the date of hire.

The rejection forms must be in both English and Spanish. They must be signed and dated by the employee and given to the employer in duplicate. The employer then has to file the rejection with their workers’ compensation insurance within 5 days.

This is just one of the exceptions to workers’ compensation being the exclusive remedy if someone is injured on the job. If you have questions about this exception, or any other exceptions, please call our office for a free consultation.

Fendon Law Firm is the State of Arizona’s largest family-owned workers’ compensation and Social Security disability law firm. We treat clients like family because we are a family.