Workers' Compensation Laws in Arizona
Arizona Workers’ Compensation Laws
Obtaining workers’ compensation benefits for your job injuries can be difficult. The laws, rules and regulations of workers’ compensation can be complex and confusing. It is highly recommended that you meet with an experienced Arizona workers’ compensation lawyer when pursuing your workers’ comp claim.
Did you suffer an injury or illness while on the job in Arizona? If so, the workers’ compensation attorneys at Matt Fendon Law Group are ready to help you get the benefits you deserve. Call us today to schedule a free and confidential consultation.
Following is a summary of Arizona’s workers’ compensation laws.
The Role of the Arizona Industrial Commission
The Industrial Commission of Arizona (ICA) is a regulatory agency that addresses employment issues. The agency deals with workers’ compensation cases, occupational safety, youth employment laws and wage-related disputes, among other issues. The ICA also investigates “whistleblower” discrimination complaints filed by workers against their employer.
If you file a workers’ comp claim and the claim is disputed, you may request a hearing with the ICA Claims Division. This division will schedule a hearing for your disputed claim. An administrative law judge (ALJ) will oversee the case and issue a ruling.
The Role of the Employer
Most Arizona employers are required to carry workers’ compensation insurance. Workers’ compensation insurance provides benefits to employees who suffer work-related injuries or illnesses. When an employer is notified of a worker’s injury, the employer must give the employee the name and address of the workers’ comp insurance carrier, as well as the policy number and the coverage expiration date. The employer must also notify its insurance carrier and the ICA within 10 days after being notified of the injury.
The Role of the Employee
An injured employee must report a workplace injury to his or her employer. The employee must get medical treatment as soon as possible. After reporting the injury, the employee must file a claim with the ICA.
Statute of Limitations
An injured employee must submit a Worker’s and Physician’s Report of Injury or file a Worker’s Report of Injury. Those reports must be given to the employer within one year of when the workplace accident occurred or the injuries were first discovered.
The ICA has 21 days to deny or to accept the workers’ comp claim. If the ICA denies the claim, the worker has the right to appeal the decision. To appeal, the worker must file a Request for Hearing within 90 days after receiving the denial decision from the ICA. If the worker does not file within 90 days, the right to appeal is lost.
Frequently Asked Questions (FAQs) About Workers’ Comp Laws
At Matt Fendon Law Group, we hear many questions from clients about Arizona’s workers’ compensation laws. Following are the most commonly asked questions. This information is not legal advice, but we hope you find it relevant to your work injury case. If you have other questions, please contact us to schedule a free initial consultation.
Workers' Compensation
Who is covered by workers’ compensation?
In Arizona, nearly all employees are covered by workers’ compensation. Workers’ compensation provides benefits for injuries or illnesses that arose out of employment. Employers that hire workers are required to carry workers’ comp insurance regardless of how many employees they have and regardless of their part-time or full-time status. A few exceptions exist to that rule:
- Workers’ comp is not required for independent contractors.
- Sole proprietors with employees are not required to have workers’ comp insurance for themselves.
- Workers’ comp is not required for those whose employment is casual and not in the usual business of the employer.
Is workers’ compensation mandatory in Arizona?
It is mandatory for employers to carry workers’ compensation insurance for their employees. Workers’ comp is a “no-fault” system in Arizona. An injured worker is entitled to receive benefits for a workplace injury, no matter who or what caused the work-related accident.
Can you sue your employer for a work injury?
If your workplace injury was caused by your employer or a co-worker, the answer is usually no. There are very few exceptions to the rule. One exception exists if your employer did not have workers’ comp insurance at the time of your injury. When that is the case, you can sue your employer or choose to get workers’ comp benefits through the Special Fund Division/No Insurance section of the ICA. However, you can’t do both.
You have the right to reject coverage under the workers’ comp system, but you must do so in writing and before your injury occurs. If you reject coverage before your injury, you do have the right to sue your employer for negligence. You also have the right to sue if your employer did something knowingly and purposely with the intention of injuring you. However, you cannot sue your employer or co-worker simply because they intentionally performed an act that caused your injury.
Talk to an Arizona Workers’ Compensation Lawyer Now
At Matt Fendon Law Group, we understand that workplace injuries can cause severe physical, emotional and financial difficulties in your life. Our Arizona workers’ compensation attorneys are dedicated to giving the best service to clients with workers’ comp claims. We will do everything in our power to see that you get the benefits you deserve.
When you call on Matt Fendon Law Group for help, we will treat you like family. You will speak directly with a workers’ compensation lawyer who has a full understanding of Arizona workers’ compensation laws. Our skilled and compassionate attorneys will be there for you every step of the way.
