Posted on:Jun 03, 2020

3 Key Factors in a Workers Compensation Case

HomeBlog3 Key Factors in a Workers Compensation Case

In Arizona, worker’s compensation laws require employers to carry workers’ compensation that covers all employees who have been injured while working or developed an occupational illness. 

Are You Eligible for Workers’ Comp in Arizona?

All employers that employ at least one person, whether they are part time or full time, must have workers’ comp. These premiums are paid to an insurance company which will then pay benefits when a claim is filed. Employees do not have to pay anything towards this coverage. In the event that an employer did not get any coverage, there is a special fund that has been set up by the Industrial Commission of Arizona. These funds can be accessed by injured or ill workers who did not get any benefits even though they should have.

In general, most workers are eligible for workers’ compensation. This is typically true regardless of whether or not the worker is at fault. As long as the illness or injury was caused by their job, they should be able to get their benefits. 

Filing a Workers’ Comp Claim in Arizona

If you plan on filing for workers’ comp in Arizona, you must let your employer know as soon as you are sick or injured. Your employer then must report the incident to the Industrial Commission of Arizona and their insurance company. You, as the injured or ill worker, will also need to file a claim with the Industrial Commission of Arizona. A Workers’ Report Form must also be submitted. The alternative to this may be when you are being treated by a doctor, and he or she can complete the required forms. In general, when this is possible, the doctor will also submit the form to the commission. As a general rule, you have one year to file in Arizona. However, the sooner you do so, the more likely your claim will be taken seriously. 

Once the claim has been submitted to the appropriate parties, the Industrial Commission of Arizona will send a letter of acknowledgment. If you do not get this within two weeks from the date of filing, you should reach out to the Commission to ensure they did receive your claim. Within three weeks, on average, you will get a decision on whether you are being granted your benefits. 

Getting Medical Treatment

In Arizona, your employer has the right to choose your doctor. However, this is typically only true for the first visit. After, you will usually be allowed to choose your doctor. There are exceptions to this, and a lawyer or your employer can explain them to you in further detail. 

Your workers’ compensation benefits are available to cover all necessary and reasonable medical treatment that is directly related to your illness or injury. You should not have to pay out of pocket for anything. Nor should you get any bills. 

Temporary Workers’ Comp Benefits

In addition to medical coverage, you will likely get compensation for your lost wages, as well as any permanent disabilities. Also known as lost time benefits, these are typically two-thirds of your monthly income and will be determined by your earnings that were made within the previous month. There is a maximum of  $4,521.92 per month under workers’ compensation in Arizona. 

If you would like to know more about the 3 key factors in a workers compensation case in Arizona, or you have been denied, please call the Saavedra Law Firm today. 

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