In Arizona, if you sustain an injury or illness while at work, you may be covered by workers’ compensation for your medical expenses. By law, employers must carry workers’ compensation insurance for their employees. However, it is the injured worker’s responsibility to file a claim.
You must notify your employer of your injury within seven days. If you fail to report your work-related injury within that time frame, you could forfeit your ability to receive workers’ compensation.
Matt Fendon Law Group, an Arizona workers’ compensation law firm, is ready to help with all aspects of your workers’ comp claim. Call us today at 800-229-3880 to schedule a free and confidential consultation.
What to Do If You Have Been Hurt at Work
If you suffer an injury or illness due to your job, your first step after receiving emergency medical treatment is to report the injury. As an employee, you must immediately inform your employer that you were injured. If you fail to notify your employer of the injury, you might jeopardize your claim.
If you have been hurt at work, provide the following details to your employer:
- The location, date, and time of your accident
- The cause of your injury
- The symptoms of your accident and the severity of your injury
How to File a Workers’ Comp Claim
The steps for employees to follow the Arizona workers’ compensation claim process are as follows:
1. Notify your employer
If the injury occurred on the job, immediately inform your employer by filing a workplace injury form. Once notified, your employer must give you information about the workers’ compensation insurance carrier.
2. See a physician
Seek medical care as soon as possible following your workplace accident. Your health should be your top priority. Failure to see a doctor could raise doubts about the legitimacy of your injury claim. Visiting a doctor soon after you are injured helps establish the validity of your workplace injury claim. If your workers’ comp claim is denied, the physician’s report of injury and related doctor’s notes can serve as medical evidence when you appeal the denial.
3. Complete the appropriate forms
You must fill out a workers’ comp claim within one year from the date of your injury. To do this, you’ll need to fill out one of the following two forms:
- Worker’s and Physician’s Report of Injury: You can get this form from your doctor’s office. You must complete the first section, entitled “Worker’s Report.” Your healthcare provider will complete the second section, “Physician’s Initial Report.”
- Worker’s Report of Injury: This form requires you to answer questions about your injury, including the date of the injury and the body part that was injured. Once you complete the required form, it must be filed with the Industrial Commission of Arizona (ICA).
4. Protect your right to file a lawsuit
The workers’ compensation system in Arizona is no-fault. Injured employees always receive medical benefits and compensation, no matter what caused their job-related accident. In exchange for those benefits, the employee gives up the right to sue the employer.
However, a lawsuit is allowed in a few instances. You may be able to sue if you were injured because of the willful misconduct of your employer. You can also sue if your employer does not have workers’ comp insurance.
Finally, if the injury or illness is caused by a third party—not the employer or coworkers—you have the right to file a civil lawsuit. You could potentially sue for personal injury damages in addition to the workers’ compensation benefits.
Do You Need an Attorney to File a Workers’ Comp Claim?
The Arizona workers’ comp attorneys at Matt Fendon Law Group can help you:
- Understand what is happening. Obtaining workers’ compensation benefits can be stressful and complicated for an injured worker. It’s critical that you have an experienced Arizona workers’ comp lawyer on your side.
- Assist with issues with your employer related to the claim. Employers often try to intimidate or take advantage of injured workers. The attorneys at Matt Fendon Law Group will stand up for your rights.
- Negotiate with the insurance carrier. Insurance carriers are less likely to give you the run around when you have a skilled and aggressive attorney in your corner who will use the reasonable diligence necessary to protect your claims as an injured worker to receive workers’ compensation.
- Pursue the compensation you deserve. While you recover from your work related injury, workers’ compensation benefits pay a portion of your lost wages and your medical bills. Our attorneys will fight to get you the benefits you need and deserve for your medical expenses and payment of lost wages.
- Represent you at the hearing. A hearing before an administrative law judge could be required. Our attorneys will represent you and argue on your behalf when that is the case.
What to Do If Your Claim Is Denied
If your Arizona workers’ compensation claim has been denied, you must appeal the decision to receive benefits.
Unfortunately, the appeals process can be very difficult to navigate alone. Having an experienced workers’ compensation attorney by your side can lift the burden off your shoulders.
If you are not satisfied with your employer’s insurance provider’s determination about your workers’ comp claim, you have 90 days from the date of the notice to file a request for a hearing with the ICA.
The Arizona workers’ compensation attorneys at Matt Fendon Law Group will fight to seek the benefits you deserve. Our lawyers are knowledgeable and skilled negotiators who will collect the evidence and information needed to reverse the denial.
Talk to an Arizona Workers’ Compensation Lawyer Now
The Arizona workers’ compensation lawyers at Matt Fendon Law Group fight for the rights of injured workers in Arizona to receive benefits for temporary partial disability, permanent partial disability, or total permanent disability.
Call 800-229-3880 to schedule a free, no-obligation consultation.
