Delaney & Melkonoff, P.C.
1013 East Washington, Phoenix, Arizona 85034Office: 602-257-1474 — Toll-free: 1-866-257-1474
Charles Scrivner
Workers’ Compensation
Frequently Asked Questions
In Arizona, Workers’ Compensation is system of laws that provides protection for workers who are suffering from an illness or injury that is job-related, no matter who is at fault in causing the injury or illness. The system provides medical care and compensatory benefits. Delaney & Melkonoff, P.C., has been handling Arizona Workers’ Compensation claims for over 30 years and draws on Ed Delaney’s 45 years of experience. We know how to put that experience to use for your benefit.
(Please remember that every effort has been made to insure that the following information is accurate, but there are always exceptions to most rules, some rules may have recently changed, and there is always the possibility that the summary provided below is not accurate for some other reason. Therefore, these brief summaries are provided as general information only and should not be relied upon as legal advice. You should always confirm a crucial question with a qualified attorney before taking or foregoing any legal action.)
- What is workers’ compensation?
- What other remedies exist for on-the-job injuries?
- Do I qualify?
- How do I file?
- How long do I have to file?
- What if my employer doesn’t carry workers’ compensation insurance?
- Will my medical bills be paid?
- What if I want to change doctors?
- What are temporary disability benefits?
- What if I have a pre-existing injury?
- What types of benefits or settlements are available?
- Do I get compensation for pain and suffering?
- What benefits are payable if I sustain permanent injury?
- What if someone other than my employer causes my work injury?
What is workers’ compensation?
Workers’ compensation is a system that provides medical and compensation benefits to employees who suffer an injury or illness that arises out of and occurs in the course of employment. It does not matter who causes the job-related accident. This means that even if the employee was at fault or partially at fault in causing the industrial injury, he/she will, in most instances, still be entitled to benefits under the workers’ compensation system. On the other hand, since it is designed to be the exclusive remedy for such injuries and illnesses, the employer’s fault is also not at issue and generally does not cause liability of the employer for damages other than through the premiums for workers’ compensation insurance which the employer is required to carry.
What other remedies exist for on-the-job injuries?
Under normal circumstances you cannot sue your employer if he has purchased workers’ compensation insurance or you have not previously elected to waive your rights under your employer’s workers’ compensation policy. You may, however, have a claim for damages against a third party who caused your injury, such as a worker from another company or the manufacturer of a defective product that caused your injury.Do I qualify?
Generally speaking, both part-time and full-time employees qualify under an employer’s workers’ compensation insurance.How do I file?
An employee must notify his/her employer as soon as possible after an on-the-job injury, or the onset of a job-related illness. This is the first and most important step of filing a claim. The employer may have contracted with a doctor or clinic to provide treatment to his injured workers. In that case, the employer will direct you to that doctor and you must see the employer’s doctor at least once. After that, you may be able to see a doctor of your own choice for treatment. Regardless of who you first see, it is important to report to that doctor that you are there because of an industrial injury or illness. A claim is made either by filling out and signing a claim form at the doctor`s office or by obtaining a claim form from the Industrial Commission of Arizona and filing the form with the Industrial Commission of Arizona. The employers filing of an Employer`s Report of Injury is not the same as filing a claim.How long do I have to file?
In Arizona, you have one year from the date of injury or from the date you knew or should have known that you had a work-related condition. If you are not sure if your condition is work related, you can ask your doctor. Seeing a doctor promptly and notifying your employer promptly are the best ways to ensure that your claim will be accepted. The employee is ultimately responsible for seeing to it that his claim is filed with the Industrial Commission of Arizona. Normally, the doctor will have the employee fill out a claim form in his office. However, it is recommended that you confirm the filing of your claim by calling the Industrial Commission of Arizona. The employer will also have to complete an employer’s report. Do not count on anyone other than yourself to see to it that the proper steps have been taken.What if my employer doesn’t carry workers’ comp. insurance?
In this situation you will have an election to make, either to forgo any workers’ compensation insurance claim and seek damages through a civil lawsuit against your employer, or to file a claim with the Industrial Commission of Arizona. In Arizona, the Industrial Commission of Arizona has a Special Fund that will handle such claims so that you will not be prejudiced by your employer’s failure to carry the required coverage.Will my medical bills be paid?
Workers’ compensation benefits include various medical benefits that pay for the medical care necessary to treat a work-related injury or illness. The employer’s workers’ compensation insurance company pays medical benefits directly to the doctor or other health care provider who treats the injured worker. Medical benefits pay for any medical treatment that is reasonable and necessary to treat a work-related injury or illness. Medical benefits pay ONLY for the treatment of work-related injuries and illnesses. They do NOT pay for treatment of other injuries or illnesses, even if the treatment was provided at the same time as the treatment for the work-related injury. An injured worker may receive reasonable and necessary medical attention immediately after the injury or illness. An injured worker may continue to receive reasonable and necessary medical care to treat a work-related injury or illness until further treatment is unhelpful or unnecessary.What if I want to change doctors?
The employer may have contracted with a doctor or clinic to provide treatment to his injured workers. In that case, he will direct you to that doctor. You must see the employer’s doctor at least once. After that, you may be able to see a doctor of your own choice.After you have seen a doctor more than once, that doctor will be established as your treating physician and you must request permission in writing from the Industrial Commission of Arizona in order to change.
What are temporary disability benefits?
You may get temporary income benefits if the injury or illness causes you to lose more than seven days from work. Temporary disability payments equal 66 2/3% of your average monthly wage for total disability, no work status. 66 2/3% of the difference between your average monthly wage and the amount you can earn or that you get from unemployment is paid for temporary partial disability, light duty. Temporary disability benefits end either when you are discharged by your doctor from active treatment or when the doctor releases you back to regular work. They also end if you are able to earn the same amount or more than your earnings as of the date of injury, even if you are only working light duty.What if I have a pre-existing injury?
Any old or existing injuries that you have when you begin employment will not be covered under workers’ compensation. However, if you re-injure yourself or exacerbate an old injury while on the job, you may be entitled to compensation. The courts in Arizona follow a successive injury doctrine. If a previously accepted industrial injury is aggravated by a more recent one, a claim must be filed against the new employer. It may also be a good idea to file a petition to reopen the old claim as well.Generally, chronic complaints like carpal tunnel or respiratory problems must be proven through medical opinion to be a result of work-related activity in order to be covered. If you have a recurring health problem that affects your ability to work and you can prove it is the result of work-related activity, you may qualify for workers’ compensation benefits. You are required to file a claim for such within a year of the time you knew, or should have known, the condition was work-related.
What types of benefits or settlements are available?
Workers’ Compensation typically provides the following types of benefits:- Medical benefits pay for the medical care to treat a work-related injury or illness. The employers’ workers compensation insurance company pays medical benefits directly to the doctor or health care provider who treated the injured worker.
- Income benefits replace a portion of any wages a worker loses because of a work-related injury or illness. Permanent disability benefits are based on the percent of disability for a scheduled disability or the loss of earning capacity for unscheduled disability.
- Death and burial are the other benefits that are part of the Workers’ Compensation settlement package. Death benefits replace a portion of lost family income for the eligible family members of workers killed on the job and burial benefits pay some of the deceased workers’ funeral expenses.
Do I get compensation for pain and suffering?
Many state workers’ compensation laws, including those in Arizona, do not allow an injured employee to recover for pain and suffering resulting from their work-related injury. Benefits are paid for medical treatment, lost earnings, and measurable permanent loss of function of specific body parts.What benefits are payable if I sustain permanent injury?
If you become permanently disabled, as measured by the applicable standard in Arizona, your payment varies greatly with the nature and extent of your impairment. If you’re permanently unable to return to work, you may also qualify for Social Security Disability benefits. Social Security will, over the long run, provide more benefits than workers’ compensation. See our Frequently Asked Questions about Social Security for more information.What if someone other than my employer causes my work injury?
Typical workers’ compensation claims involve an employee requesting benefits for injury or illness resulting from work conditions. A third party claim is defined as a claim for injury or illness caused by someone other than the employer or one of their employees. For example, if you are injured in an automobile accident while driving a car or truck that is owned by your employer, you may be entitled to file a third-party workers’ compensation claim against the other driver, if he or she is determined to be at fault. A third party claim may be filed against the manufacturer of the product that caused the injury at work.
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