Lawyer Referral Service

LRS Blog

Posted by: Maricopa Lawyers on May 26, 2015

In the state of Arizona, if you sustain an injury at work, your injury may covered under workers’ compensation. Under Arizona law, it is mandatory for employers to secure workers’ compensation insurance for their employees, but it is your responsibility to make sure you file a claim. Here’s some more info on how the process works in Arizona:

Arizona is a “No Fault” System

This means that even if you were at fault or partially at fault in causing the injury, you will still be entitled to benefits in most cases under the workers’ compensation system. There are some exceptions,however, such as when your injury is deemed “purposely self-inflicted.”

Statute of Limitations

Arizona Workman’s Compensation law requires that claims must be filed by the injured claimant with the ICA within one year from date of accident. After one year, your claim is assigned to the Workman’s Compensation insurance carrier; that the carrier may reassign that right to you and your attorney thereafter; and that the limitations period for the lawsuit to be filed against the responsible defendants is 2 years from date of the accident.

What is the ICA?

The Industrial Commission of Arizona is the governing body that regulates employee/employer rights, including laws relating to workers’ compensation, occupational safety, payment of wages, and child labor. The ICA and its divisions administer and enforce all applicable laws and regulations not specifically delegated to others, relative to the protection of life, health, safety, and welfare of employees within the state of Arizona.

Types of Acceptable Claims

  • medical only or no time lost claims, which means that only medical expenses are paid

  • time loss claims, which means medical expenses and temporary compensation benefits for lost wages are paid.

Attorney Representation

Under the Workers’ Compensation system you are not required to have an attorney, you can represent yourself. However, the Workers’ Compensation Law is very complex and your employer will be represented by an attorney specializing in Workers’ Compensation Law.

If you do decide pursue a workers’ compensation claim, consulting, Schenk & Podolsky are the experts you can trust. Contact us now to set up a consultation.