Workers’ compensation is a type of employer insurance, which can be used to pay certain costs in the event of an employee’s injury or illness at work. Arizona has specific laws pertaining to workers’ compensation, such as how long someone has to lodge their claim (one year)—or exactly what might be paid for under workers’ compensation insurance.
Questions about workers’ compensation insurance are common, especially because the applicable laws differ for every state. A workers’ compensation case can be individual and complicated.
For example, waiting too long after the injury could mean that someone loses their claim to workers’ compensation insurance.
Experienced Arizona attorneys are recommended to handle workers’ compensation cases instead of waiting for weeks or months to claim—ensuring speed and success when people need it the most.
While Arizona makes it easier for employees to get workers’ compensation, there are still specific things people might count on a lawyer to know.
Workers’ compensation claims require the correct paperwork, and must be submitted through the Industrial Commission of Arizona (ICA).
Arizona claims are considered “no-fault”, which means that an employee doesn’t need to prove that their workplace was responsible—only that the injury or illness happened at work.
Here’s more about how Arizona workers’ compensation insurance works, and why you should rely on a trusted legal expert.
What is Workers’ Compensation?
Workers’ compensation is a type of employer insurance, which most companies rely on to provide security for their employees in the event of illnesses or injuries at work. Usually, workers’ compensation is outlined in a standard employment contact—but also subject to federal and state laws.
Arizona workers’ compensation evolved from the founding of the Industrial Commission of Arizona (ICA) in 1925. Aiming to provide fair and better working standards at its founding date, the ICA is still set up to assist employees and their employers.
Workers’ compensation claims are usually lodged through the ICA with the help of a lawyer, whose role is essential in navigating the sometimes complicated paperwork and claims process.
Is There a Time-Limit for Workers’ Compensation Claims?
Every state has different laws for how long an employee has to file a workers’ compensation claim. For Arizona, the time-limit is one year from the accident or injury date—and workers’ compensation claims can expire if you wait longer than this period to file your claim.
The quicker from the event’s date you begin your claim, the better your chances of success. A lawyer ensures the most timeous process if you would like to lodge a workers’ compensation claim in Arizona,
What Does Workers’ Compensation Cover?
Workers’ compensation covers costs directly associated with the employee’s illness or injury. Costs could include tests, medical bills, as well as related living costs for a certain period—every workers’ compensation claim is judged as an individual case.
Lost wages are also potentially covered in a workers’ compensation claim. However, Arizona caps potential lost wages claims at just under $5, 000—and the first seven days are not covered unless specific circumstances apply to your claim.
A successful claim includes careful documentation and proof of medical bills and related costs. This includes sorting through a lot of paperwork, which most people find easier with an experienced lawyer’s guidance.
If you miss something important or forget to fill in a vital form, it could void your whole claim. Waiting too long or skipping out on parts of the legal process can also negatively affect a potential workers’ compensation claim.
Who Can Claim Workers’ Compensation?
Workers’ compensation is mandatory for Arizona companies, and usually intended to cover all of its employees.
While someone can opt-out of workers’ compensation insurance, this has to be done with specific forms and in writing—an employer cannot claim that any of their employees don’t have workers’ compensation insurance, though some resist the laws in place.
Anyone in Arizona can claim from workers’ compensation insurance for work-related injuries or illnesses. Usually, all related injuries and illnesses will be covered.
Because Arizona is a “no-fault” claim state, it means employees don’t have to prove who is at fault for their incident. Employees only have to provide proof that the incident is related to the workplace to claim.
Is Workers’ Compensation Only for Full-Time Workers?
Arizona workers’ compensation insurance covers both full-time and part-time company employees. Usually, all employees are part of workers’ compensation unless they have specifically asked (in writing) to be exempt from it.
This has to be provided in writing, and an employer cannot just claim that an employee “isn’t covered” by their insurance without proof.
However, workers’ compensation can be different for employees that are considered “freelance” or that work from home.
Can You Sue After Workers’ Compensation?
Usually, a workers’ compensation claim provides monetary compensation for a work-related illness or injury—specific conditions in Arizona means that an employee might be unable to lodge a further lawsuit against their employer after accepting a workers’ compensation deal.
However, there are still some circumstances in which an employee can claim after accepting workers’ compensation.
For example, a criminal suit against an employer or specific damages can still be pursued even after accepting a workers’ compensation plan.
The Industrial Commission of Arizona (ICA)
Workers’ compensation cases undergo careful assessment, and all evidence and paperwork must be correct—without this, claims might never receive a fair look or proceed to being paid for.
Approaching the Industrial Commission of Arizona (ICA) alone won’t guarantee a successful claim or future payments.
However, approaching the same procedure with a lawyer mean case get fair representation—often also getting resolved faster than attempting to lodge the claim alone.
Waiting to approach the ICA can be one of the most common workers’ compensation claim mistakes. Hundreds of claims are thrown out every year because the claimaints waited for too long.
Arizona workers’ compensation claims must be lodged within one year of the stated incident, and waiting for too long could void the entire claim.