Arizona workers’ compensation is available to any full or part-time company employees claiming for work-related illness or injuries. However, workers’ compensation laws can be specific—and sometimes employees face unnecessary intimidation or resistance from their employers when attempting to claim.
Workers’ compensation claims should be fair, and for anyone who has been injured or become ill at work.
Anyone who has been injured or become ill due to work-related issues could be able to claim—but there are particular laws dictating how long claimants have from the incident date, and how much claims could be worth.
Here’s what to know about Arizona workers’ compensation claims, and why they’re different to workers’ compensation claims from any other states.
More About Workers’ Compensation
Workers’ compensation insurance covers all employees, usually providing a monetary sum due to work-related injuries or illness. Arizona workers’ compensation laws are different, just like every state—legal help is usually advised to help claimants navigate the process and paperwork.
Workers’ compensation laws have been around since 1925, when the Industrial Commission of Arizona was first founded to provide fair consideration for injured, ill, or disabled employees.
Many employees might face difficulties, discouragement, or intimidation as a result of attempting to claim workers’ compensation. However, laws are also set up to protect claimants against victimization.
Workers’ Compensation: Arizona Claim Time-Limits
Each state has specific laws about the time period during which employees can lodge their workers’ compensation claim.
For Arizona, this means that potential claimants have one year from the date of their injury or illness to lodge the starting paperwork. Massachusetts has the longest period (four years), while Nevada has the shortest (90 days).
If this isn’t done, claimants could lose their ability to claim workers’ compensation.
Waiting too long could invalidate a workers’ compensation completely, leaving affected employees with little to no recourse.
The “No-Fault” Claim Rule: Arizona Workers’ Compensation
All Arizona workers’ compensation claims are considered “no-fault”.
Employees don’t have to prove that anyone at work (or their employer) is directly responsible for the accident. Arizona workers’ compensation only asks that cases prove that they are work-related.
Additional proof is required for specific costs, including medical bills.
The opposite is fault claims, which requires proof of which party was deliberately or negligently at fault. This aspect can complicate workers’ compensation claims for some states, but doesn’t apply for Arizona cases.
Arizona “no fault” claims means cases proceed easier and faster than they might by comparison in other states where additional cases and laws might enter into the picture.
The ICA: The Industrial Commission of Arizona
The Industrial Commission of Arizona (ICA) is the state-wide regulatory body for all workers’ compensation claims.
However, even though the ICA is in place for employee and employer protection, they do not provide legal advice to either side.
Lawyers and legal help is recommended for approaching the ICA or attempting to claim. Successful claims are subject to very specific conditions in Arizona, and cases with the incorrect paperwork or details might simply be thrown out.
Usually, cases heard by the ICA will see two separate divisions before the case is finally resolved.
The Claims Division considers individual workers’ compensation claims, whereas the Administrate Law Judge Division is where cases proceed thereafter for further judgment.
What Arizona Workers’ Compensation Covers
Arizona workers’ compensation is intended to cover all costs associated with the injury, illness, or disability. This can include immediate things that someone might have had to pay for as a result of the incident, but also expands to include wages and other expenses.
For example, the associated costs could include medical costs and tests, but might also branch out to include other related financial burdens such as lost wages or funeral costs.
A workers’ compensation case is designed to provide fair payment. However, every workers’ compensation case is an individual one and most people cannot navigate the process without legal help.
Workers’ Compensation and Wages: The Arizona Law
Arizona workers’ compensation claims cover potential lost wages for a certain period. However, there are conditions related to each individual claim. Usually an employee cannot claim for the first seven days of their related injury or illness—however, might be able to include the initial seven days for specific cases.
There are more ways in which Arizona claims are different to other states. Wages that can be claimed for as part of Arizona workers’ compensation claims are capped at around $5, 000 per month.
Wage compensation is usually judged on a per-case basis.
Can Employers Contest Workers’ Compensation?
Sometimes, yes.
However, an employer requires a valid reason to successful contest a workers’ compensation claim. For example, an employee could lose their ability to claim if it’s found that their injury or illness was unrelated to their work or workplace.
Unfortunately many cases of workers’ compensation face discouragement or intimidation from employers. Some employees even have to face issues from their coworkers for attempting to claim.
Can Employers Fire Me For Claiming?
An employer is not allowed to discriminate against an employee for attempting to file a workers’ compensation claim. However, specific Arizona employment laws also mean that an employer doesn’t have to state a specific reason for letting an employee go.
This complicates many workers’ compensation cases, where employees feel they have been discriminated against or potentially fired for claiming against their employers.
If you believe you’ve been fired or discriminated against for trying to claim, this is where most people take their next legal steps.
Navigating Arizona Workers’ Compensation Claims Better
Arizona workers’ compensation can be complicated, and sometimes face opposition from employers. Laws can be easy to understand, but tough to navigate and often subject to specifics that are different for every case.
Getting a case started as soon as possible after the incident can be essential to a successful claim. Having the correct evidence and necessary paperwork is also crucial to what makes workers’ compensation claims succeed.
Successful workers’ compensation claims are all about understanding the law, and being sure of the fine print. That’s where most people shouldn’t venture alone—and why a lawyer’s help is necessary.
