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Posted by: Maricopa Lawyers on Apr 30, 2015

injury at work

If you are injured at work, your injury is covered under workers’ compensation if it is job related. 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:

What is the ICA?
The Industrial Commission of Arizona is the governing body that regulates employee/employer rights. 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.

Arizona is a “No Fault” System
This means that even if you were at fault or partially at fault in causing the industrial injury, you will in most instances, be entitled to benefits 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 Arizona Industrial Commission 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. You are responsible for making sure that the claim is filed.

Types of Acceptable Claims
There are two types of acceptable Workers’ Compensation claims: (1) medical only or no time lost claims, which means that only medical expenses are paid and; (2) 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 pursue a workers’ compensation claim, it is highly recommended that you speak to an experienced attorney.