Arizona Workers Compensation: Everything You Need to Know
If you are an employee in Arizona, you have a legal right to workers’ compensation benefits in the event of work-related injury or sickness. Employers in Arizona are required by law to carry workers’ compensation insurance, which helps protect employees who have been injured on the job. In this article, we will explore the ins and outs of Arizona workers’ compensation, including who is eligible, what benefits are available, and how to file a claim.
Who is eligible for Arizona workers’ compensation?
Workers’ compensation in Arizona is available to all employees—including full-time, part-time, seasonal, and temporary workers—regardless of their citizenship or national origin. However, there are some exceptions to this rule. Independent contractors, for example, are typically not eligible for workers’ compensation benefits, as they are not considered employees.
To be eligible for workers’ compensation benefits in Arizona, the following conditions must be met:
– You must be an employee (not an independent contractor);
– You must have sustained an injury or illness that arose out of, and in the course of, your employment;
– You must have given timely notice of your injury or illness to your employer; and
– You must have received medical treatment for your injury or illness.
What benefits are available under Arizona workers’ compensation?
Arizona workers’ compensation provides a range of benefits to employees who have been injured on the job. These benefits may include:
Medical Treatment: If you have been injured at work, you may be entitled to receive medical treatment for your injury or illness. This includes doctor visits, hospitalization, medication, and rehabilitation services.
Temporary Disability Benefits: If you are unable to work due to your injury or illness, you may be entitled to receive temporary disability benefits. These benefits are typically paid at a rate of two-thirds of your average monthly wage, up to a maximum amount set by law.
Permanent Disability Benefits: If your injury or illness results in permanent disability, you may be entitled to receive permanent disability benefits. The amount of these benefits will depend on the extent of your disability and your average monthly wage.
Death Benefits: If an employee dies as a result of a work-related injury or illness, the employee’s dependents may be entitled to receive death benefits. These benefits may include funeral expenses and ongoing financial support.
Vocational Rehabilitation Benefits: If you are unable to return to your prior job due to your injury or illness, you may be entitled to receive vocational rehabilitation benefits. These benefits are designed to help you obtain new job skills and training, so that you can find employment that is suitable for your abilities.
How do I file a workers’ compensation claim in Arizona?
If you have been injured on the job, you should immediately notify your employer. You must give notice within one year of the date of injury, or within one year of when you discovered the injury (or should have discovered it) in cases of occupational disease. If you fail to give notice within this timeframe, you may lose your right to file a claim.
Once you have notified your employer of your injury or illness, your employer is required to file a First Report of Injury or Illness (FROI) with the Industrial Commission of Arizona (ICA). This report must be filed within 10 days of receiving notice of your injury or illness. Your employer is also required to provide you with a copy of this report.
If your employer fails to file a FROI, you can file a claim directly with the ICA. You must file your claim within one year of the date of your injury, or within one year of when you discovered the injury (or should have discovered it) in cases of occupational disease.
To file a claim with the ICA, you must complete a Worker’s Report of Injury form and submit it to the ICA. You may also need to submit other documentation, such as medical records or wage statements.
Once the ICA receives your claim, it will assign your case to a claims adjuster, who will investigate your claim and determine whether you are entitled to benefits. If your claim is approved, the claims adjuster will determine the amount of benefits you are entitled to receive.
What should I do if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, you have the right to appeal the decision. You must request a hearing within 90 days of receiving notice of the denial. At the hearing, you will have the opportunity to present evidence and argue why your claim should be approved. A hearing officer will review the evidence and make a decision.
If you are dissatisfied with the hearing officer’s decision, you may be able to appeal to the Arizona Court of Appeals. However, appeals are generally difficult and expensive, so it is important to seek the assistance of an experienced workers’ compensation attorney if you plan to appeal.
How has Arizona workers’ compensation law changed in recent years?
Arizona workers’ compensation law has undergone several changes in recent years, most notably with the passage of Senate Bill 1332 in 2012. This law significantly changed the state’s workers’ compensation system, including the calculation of benefits and the appeals process.
One of the most controversial provisions of Senate Bill 1332 is the cap on the amount of medical benefits that injured workers can receive. The law limits the amount of medical benefits to 24 months for most injuries, and to 36 months for certain types of injuries. This has led to concerns that injured workers may not receive the medical treatment they need to fully recover from their injuries.
Another change wrought by Senate Bill 1332 is the streamlining of the appeals process. Under the new law, appeals to the Industrial Commission of Arizona must be decided within one year of the filing of the claim, and appeals to the Arizona Court of Appeals must be filed within 30 days of the decision.
Conclusion
Workers’ compensation is an essential benefit that protects employees who have been injured on the job. If you have been injured at work or have developed an illness as a result of your employment, you may be entitled to receive workers’ compensation benefits in Arizona. To ensure that you receive the benefits you are entitled to, it is important to follow the proper procedures for filing a claim and to seek the assistance of an experienced workers’ compensation attorney if necessary. With the right knowledge and resources, you can navigate the workers’ compensation system and receive the benefits you need to recover from your injury or illness.
– You must have sustained an injury or illness that arose out of, and in the course of, your employment;
– You must have given timely notice of your injury or illness to your employer; and
– You must have received medical treatment for your injury or illness.
AZ workers compensation insurance is mandatory under state law and the law further dictates that whenever a worker is injured on the job, regardless of fault, they will need to be compensated frothier injury, pursuant to the terms and conditions in the employee insurance plan. Â These benefits can include, but are not limited to, permanent and temporary payments, medical care reimbursement and support as well as job retraining, if the injury necessitates switching professions.
How does the state help with AZ workers compensation insurance?
The Arizona worker compensation insurance law has provisions to certify insurance companies to offer worker’s compensation insurance to employers.  The AZ Department of Insurance will monitor the companies that are authorized to provide insurance in the state and employers seeking Arizona workers compensation insurance coverage can contact this state agency to find an insurance company that can meet their needs.
How does the state facilitate AZ workers compensation insurance claims?
The Arizona Industrial Commission maintains two divisions to deal with issues between AZ workers compensation insurance companies and claimants.  The first of these is the Claims Division, which helps those claiming worker’s compensation ensure that their claims are processed and that self-insured employers process claims appropriately.  Those filing AZ workers compensation insurance claims can speak with the Claims Division for general advice about filing their claim as well as what they can expect during the process.
The Administrative Law Division will deal with legal disputes based on worker’s compensation matters under Arizona worker compensation insurance law.  A number of disputes can arise during an Arizona worker compensation insurance case, including but not limited to continuing benefits, eligibility for compensation, forms of care covered and appeals to reconsider or reopen claims.
Which workers are covered by AZ worker compensation insurance law?
All full and part time workers must be covered by Arizona workers compensation insurance and this includes family members in most instances. Â Employees of independent contractors are not covered as well as casual employees that do not relate to the normal operation of the enterprise. Â An Arizona workers compensation insurance attorney might be necessary to determine coverage or if possible, speaking with the aforementioned Claims Division.
Domestic workers in one’s home are not covered by the Arizona workers compensation law.  Sole proprietorships generally need no coverage if there are no employees.  The proprietor can however, opt to have coverage extended to him or her if they feel it is necessary.
Entitles that must comply with AZ workers compensation insurance law
All corporations are employers and all must provide Arizona workers compensation insurance under Arizona workers compensation law. Â Independent contractors must provide Arizona workers compensation insurance to their employers, but those that hire independent contractors need not cover the contractor and employees.
What control does the employer have over the doctor chosen under Arizona workers compensation insurance?
The employee is free to see whichever doctor he pleases, but will have to go to a doctor chosen by the employer for a one-time evaluation. Â The employee is under no obligation to continue seeing this medical professional.
Attorney for Arizona worker compensation insurance
When dealing with AZ workers compensation insurance, you may want to consult with an Arizona worker compensation insurance attorney to determine you options for recourse, appeals and collecting the benefits you deserve according to the policy. Â The Arizona workers compensation insurance attorney will first need to review the policy to determine the best course of option in the consultation and then guide you through the process of making or reinforcing a claim. Â Winning compensation under Arizona worker compensation insurance law will not be difficult when a case has appropriate merit.
