What IS workers’ compensation?
The simple definition of workers’ compensation (sometimes called workman’s compensation) is a benefit provided to those who become ill or injured as a result of a workplace incident. This generally presents itself in the form of wage-loss because of an injury with associated medical expenses that are payable by the employer’s insurance.
How do I know if I am covered by my employer’s workers’ compensation (workman’s compensation) insurance?
In the state of Arizona, all employers are required to have workers’ (workman’s) compensation insurance or be self-insured. As with most laws, there are exceptions to this rule. For example, independent contractors and self-employed individuals are not generally covered by this type of insurance. If you have any questions regarding coverage, visit the National Council on Compensation Insurance’s website (NCCI) or the Industrial Commission of Arizona website (azica.gov) to verify your specific employer’s policy.
What are the qualifications for receiving benefits?
There are four basic requirements. First, you must be an employee of the company. Second, you must have been injured or have fallen ill due to an injury or condition that arises out of and in the course of your employment – often thought of as a work-related occurrence. Third, your employer must have workers’ (workman’s) compensation insurance. Fourth, all claims must be filed within the legally required time period.
How long do I have to file a claim?
In Arizona, you are required to file a claim within one year of the date that the injury became manifest and you had some reason to know of its relationship to your work activities. Generally, this is thought of as a filing requirement of one year from the date of injury. In addition, Arizona law requires that the injury be promptly reported to the employer. This means that you should report the injury/incident to your employer as soon as possible. With respect to claims that may be covered under the law of other States, you need to contact an attorney who is knowledgeable about that State’s law to determine the deadline. Similarly, if you are a federal employee, you need to review your matter with an attorney who handles federal workers’ compensation claims.
What steps should I take to ensure I get what I deserve?
The first step is to report your injury or illness to your employer. Next, you will need to fill out a Worker’s Report of Injury (Form 407 – available online via the Industrial Commission of Arizona (“ICA”)) or you will need to fill out a Worker’s and Physician’s Report of Injury (Form 102), which is available at your doctor’s office or at the hospital. You can submit the Form 407 at the ICA website or you can submit it by visiting the ICA or mailing/faxing it to the ICA. You should make certain to be able to keep relevant documents to confirm the timely filing of your claim.
If you or a loved one has been seriously injured or died as a result of an accident or is disabled because of an illness, call Schiffman Law Office to discuss your matter at (602) 266-2667.
At Schiffman Law Office, P.C. our attorneys will meet with you in person and handle your case from the first call through resolution of your matter. You can rest assured that a highly experienced and accomplished attorney, supported by experienced legal assistants, will be fighting for your rights.[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]