Filing a claim:

When an injured worker is injured at work, the most important thing is to notify your employer immediately and to obtain medical treatment to make sure that you are okay. If there are witness’ to the accident then you need to make sure that you have names and address’ and phone numbers for anybody who may have witnessed your accident or who you reported the accident to. One of the legal defenses to a workers’ compensation case is failure to forthwith report your injury. If an injured person fails to forthwith report their injury and the employer is prejudice by not being able to adequately investigate the claim then that is a legal defense which will bar the claim for workers’ compensation benefits.

In addition, if the failure to report the injury has prejudice the employer opportunity to provide immediate medical care and therefore the injured worker's condition is somehow made worse by the delay in seeking medical treatment then that also is a bar to the claim to receive workers’ compensation benefits. It is always wise and smart to be straight forward and up front with your employer about your injuries and make sure that you have other people who would have an opportunity to verify what in fact you have reported.

Once a claim is forthwith reported you need to file a workers’ compensation claim. Generally you have one year from the date of the injury in which to file a claim however it is always better to do it as soon as you require active medical treatment. You can file a claim usually with your doctor’s office that should have forms available or there is separate form called a 102 form which can also be used. A copy of the 102 can be downloaded from the forms directory.

Workers Compensation is an administrative based system. Whenever the status in a case changes, the industrial insurance carrier will issue a Notice of Claim Status modifying the claim. Clearly written on the Notice of Claim Status at the bottom is a deadline indicating that you have 90 days from the date of the Notice in which to file a Protest. This means that the protest must be received by the Industrial Commission prior to the 90 days otherwise whatever is on the Notice is final. If the Notice is denying the claim and it is not protested within the 90 days then the claim is final and is considered not work related.

Whenever you disagree with whatever is written on a Notice of Claim Status you need to talk to an attorney well before the 90 days runs so they can investigate the claim. If necessary, for example getting copies of the medical records, or talking with doctor prior to protesting so that the attorney is better prepared to be able to proceed ahead with the case. Everything in a workers’ compensation case is doctor dependent. What that means is if you do not have a doctor supporting your position then you do not have a case.

Changing of doctors:

There is a procedure through the industrial commission of which you can change your doctor. Depending on whether or not the employer is a self insured company or whether it has a general workers’ compensation policy through an insurance company will decide how easy it is to change doctors. There is a form that you can get to request a Change of Doctor. Which is available in our forms directory. When filing a Change of Doctor form it is probably best to talk to an attorney before you fill it out.

Leaving the state:

Generally an injured worker must get permission to leave the state from the Industrial Commission if they intend to leave the state for more than 15 days. There is a form in our forms directory in which you can download a copy to file one. If your case is closed and you are not receiving any active medical treatment or any supportive medical treatment then you do not have to file a Request to Leave the State.

Permanent Disability:

Generally there are two types of permanent disability in Arizona. They are scheduled injuries and unscheduled injuries. A scheduled injury is usually an injury to a limb such as the arm or the leg which results in permanent disability. An unscheduled injury is for example a psychiatric injury, injury to the back, hip, and/or shoulders. Two scheduled injuries will make an unscheduled injury.

A scheduled injury is laid out in the Statue A.R.S. Section 23-1044 which lays out a scheduled entitlement to permanent disability benefits. An unscheduled injury entitles a person to a determination of loss in earning capacity. At that point the Industrial Commission would look at the Average Monthly Wage that was set at the time that the worker was injured and then you would be entitled to a permanent disability award. The award is based off of 55% of the difference of what you were earning before and what you are able to earn now.

3rd Party Liability:

Generally in a workers’ compensation case you cannot sue your employer for any negligence which may have caused or contributed to your injury. However, if a third party caused or contributed to your injuries then you may be able to sue that person as well as collect workers’ compensation benefits. This is not a loop hole in the law where you are receiving a double recovery because the workers’ compensation carrier will have a lien to the extent of compensation and medical bills against any money that you were to receive from the 3rd party defendant.

I generally advise people to file both a workers’ compensation case and pursue your personal injury claim and that way you can guarantee your bills will be covered and some compensation will be paid while the third party case is being processed. The third party claim may include negligence of another person who may have contributed to the accident as well as a products liability action or a medical mal practice case.

These cases can be difficult to process because of the workers compensation issues. I would advise you to consult with an attorney concerning any of these cases as soon as possible because it may require extensive investigation. Generally you have one year from the date of your injury to file a claim and then the claim is reassigned to your employers’ industrial carrier.

FEES & COSTS:

Generally my fee is 25% of whatever workers’ compensation benefits the claimant receives as a result of my work. If there are other costs involved in litigation, those are separate. They usually are less than $200 but they may be higher depending on the type of case and the work involved. Generally if there is no recovery then there is no fee however you must keep in mind that the costs are separate from the fees.

**Please understand that what I have told you above is general information concerning the law of Workers Compensation. You are best served to consult an attorney about the individual specifics of your case versus relying on general information concerning the Personal Injury Law. Please contact me and I would be happy to talk to you over the phone about your case.**