Work Injury Attorney In Phoenix, Arizona
All Arizonans who have suffered an injury on the job have the right to claim workers' compensation. But some legitimate claims are denied by employers, and even if your claim is accepted it may not provide adequate compensation, especially for serious injuries. Depending on how you were injured, additional compensation may be available through a lawsuit.
In a workplace accident dispute, your employer's interests are protected by your insurance company and attorney. Do you have someone fighting for your interests? If you are injured on the job, you should receive paid workers' compensation benefits. Our Phoenix Work Injury Lawyer can explain your legal rights and help you through the entire process.
What To Do After A Work Injury
If you are injured while working, there are several steps to take. These steps can help you with your compensation claim. If any of these steps are missed, it could make the difference in a strong case. Read below to learn how to protect your rights.
Step 1: Take care of your medical needs.
After you have sought medical treatment, notify your supervisor as soon as possible about your injury, in writing, and how it occurred. You should complete the Worker and Physician's Report of Injury form from the Industrial Commission of Arizona at your doctor's office.
Your doctor must submit this form to the state within eight days of providing treatment to you. You must file your claim for workers' compensation benefits within one year of your injury. The doctor will send a copy of the injury report to the ICA, your employer and your employer's workers' compensation insurance carrier. You are also allowed to report your injury to the ICA by filing the Worker's Report of Injury Form. Filing one of these forms initiates the workers' compensation process in Arizona. This form can be filed online here: https://www.azica.gov/forms/claims0407.
Step 2: Obtain the name and contact information of any other party involved.
If the other party works for a different company, you will need to obtain that company's information. You should also write down the names and contact information of everyone who witnessed what happened. If you are injured, ask a co-worker or friend to gather this information for you.
Step 3: Take photographs of your injuries and the accident scene if possible.
If you are unable to take photographs, ask someone else to take them for you. As soon as you can, write down everything you remember before the accident and include the location of the accident, date, time and names of everyone involved.
Your Rights After An On-The-Job Injury
Workers who are injured while working within the scope and course of their employment are entitled to receive workers' compensation benefits from their employers. When a third party caused the accident with injuries, you can also file a claim against that party.
Filing a negligence claim against a third party may allow you to recover damages for losses that are not covered by workers' compensation benefits, including all of your wages, the physical pain and suffering you have experienced, emotional or mental anguish, and others.
What If The Company I Work For Does Not Have Workers' Compensation Insurance?
Employers who do not carry workers' compensation insurance to protect their employees may be sued by their employees for their injuries and resulting losses under ARS § 23-907. If your employer did not comply with workers' compensation coverage, you will be allowed to recover all damages you have suffered, including your full lost wages, your anticipated future lost wages, your past and future medical losses, pain and suffering, and other non-economic losses.
Workers' compensation will also not protect employers from liability in lawsuits resulting from an employer's assault on an employee. In almost all cases, an assault by an employer on an employee will void the no-fault protection of workers' compensation insurance coverage. The employer could also face criminal charges in this type of scenario. Employers will not be liable to pay damages in an assault when they act in self-defense.
For example, if you start a fight with your employer and are injured, you will not be able to recover damages in a lawsuit or through a workers' compensation claim.
How Long Do I Have To File A Claim?
As discussed above, workers' compensation claims must be filed no later than one year from the date of your injury. For a third-party claim against a negligent party other than your employer, the Arizona personal injury statute of limitations will apply.
Suffering a serious injury in a workplace accident can cause you to face substantial losses while simultaneously trying to recover. If a third party caused the accident and your resulting injuries, you may be entitled to file a negligence lawsuit against the third party while also filing a workers' compensation claim through your employer.
Our legal team can review what happened in your case and advise you of your rights.
How Fendon Injury Law Can Help
There are many reasons why these accidents happen. Like every other state in the country, the state of Arizona requires that its workers be guaranteed a safe and reliable work environment. Regardless of the due diligence required of employers, you have rights to compensation if you have suffered a workplace injury. Chances are your case qualifies for workers' compensation benefits, but how can you prove it?
At Fendon Injury Law in Phoenix, Arizona, we have over 40 years of combined experience in Arizona Workers' Compensation Law. We offer a free case evaluation and will provide you with the best advice possible. Contact us today to schedule your free evaluation!