How to File a Workers' Compensation Claim in Arizona
Workers’ Compensation Claim in Arizona
In Arizona, if you sustain an injury while at work, you may be covered by workers’ compensation. By law, employers must carry workers’ compensation insurance for their employees. However, it is the employee’s responsibility to file a claim.
In Arizona, 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 any 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 to schedule a free and confidential consultation. You will learn how we can help you with your Arizona workers’ comp case. We will provide straightforward advice and help you understand your legal options.
What to Do If You Have Been Hurt at Work
If you suffer an injury or illness as a result of your job, your first step after receiving emergency medical treatment is to report the injury. As an employee, it is your responsibility to immediately let your employer know 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
Understanding the Workers’ Compensation Claim Process
The steps to the Arizona workers’ compensation claim process are as follows:
- Notify your employer. If you get injured on the job, immediately inform your employer. Once notified, your employer is required to give you information about the workers’ compensation insurance carrier.
- See a physician. See a doctor as soon as possible following your workplace accident. Your health should be your No. 1 priority. Failing 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 claim. If your workers’ comp claim is denied, the doctor’s notes can serve as medical evidence when you appeal the denial.
- Complete the appropriate forms. You will have to 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, entitled “Physician’s Initial Report.”
- Worker’s Report of Injury. This form requires that you answer questions about your injury, including the date of the injury and your body part that was injured. Once you complete the required form, it must be filed with the Industrial Commission of Arizona (ICA).
- Protect your right to file a lawsuit. The workers’ compensation system in Arizona is no-fault. That means 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. If you have the right to file a civil lawsuit, you could potentially sue for personal injury damages in addition to the workers’ compensation benefits.
As you go through the workers’ compensation claims process, it’s important that you keep track of all deadlines, requests for information and meetings related to your claim. If you miss a deadline or do not complete the required forms, you could lose your 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. The process of obtaining workers’ compensation benefits can be stressful and complicated. It’s critical that you have an experienced Arizona workers’ comp lawyer on your side.
- Deal with your employer. 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.
- Pursue the compensation you deserve. While you recover from your work injury, workers’ compensation benefits pay a portion of your lost wages, as well as your medical bills. Our attorneys will fight to get you the benefits you need and deserve.
- Represent you at the hearing. A hearing before an administrative law judge could be required. When that is the case, our attorneys will represent you and argue on your behalf.
- File a civil lawsuit. If your employer fails to maintain workers’ compensation, litigation may be necessary. We can file a lawsuit on your behalf.
What to Do If Your Claim Is Denied
If your Arizona workers’ compensation claim has been denied, you will need to appeal the decision to receive benefits. Unfortunately, the appeals process can be very difficult to navigate on your own. Having an experienced workers’ compensation attorney by your side can lift the burden off your shoulders.
If you are not satisfied with the determination your employer’s insurance provider made about your workers’ comp claim, you have 90 days from the time you receive notice of the determination 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. Our highly skilled and compassionate lawyers are equipped to handle all aspects of your workers’ comp claim. That will allow you to focus on your recovery. If your claim is denied, we can help you appeal it.
Call us now to schedule a free, no-obligation consultation.