What is An “Employer” Under Arizona Work Comp Law?
An Arizona employer is defined as someone who “regularly or predictably” hires help in conjunction with their business.
As an injured worker, to acquire workers’ compensation benefits in Arizona, you have to be working for an employer covered under the Workers’ Compensation Act.
Other cases have said that an employer must employ workers “regularly in its customary business.” That means if a lawyer, for example, hires one of his or her paralegals to fix the plumbing at his or her house, that injury may not be classified as a workers’ compensation case if that paralegal is injured while repairing the plumbing.
There are also other legal issues involving who is an employer under Arizona work comp law that come into play such as the “statutory employer doctrine.” We see these types of cases come up when, for example, a subcontractor hires help in building a house. If that subcontractor does not have work comp coverage in Arizona, and the employee is injured, the employee may be able to file a work comp claim against the general contractor who had hired the subcontractor. This is the statutory employer doctrine. This is a very complex area of Phoenix worker’s compensation law and requires working with a lawyer that has in‑depth knowledge on Arizona workers’ compensation law.
Fendon Law Firm is the largest family-owned workers’ compensation and Social Security Disability law firm in Arizona. For a free consultation on your work comp case. Please feel free to contact us. We have offices in Phoenix, Flagstaff, Prescott, Scottsdale, and Tucson.