Injured on the Job? Read AZ Workers’ Compensation FAQ

Yes, most Arizona workers qualify for workers’ compensation benefits after a work-related injury or illness. Under Arizona’s law, most employers with even 1 full- or part-time worker must carry workers’ comp insurance for their employees, which provides benefits for medical expenses and lost wages during recovery.

What’s more, an injured worker typically qualifies for these benefits even if they were partially responsible for the accident that caused their injury.

While your exact compensation for lost wages will vary depending on the severity and nature of your injury, benefits will equal approximately 2/3 of your average monthly wage. This number is based on your 30 days of work before the injury and is capped at the state’s maximum benefit amount (in 2019, the most you can receive is $4,741.57 per month).

For a temporary injury, you are only eligible to receive time lost benefits if you’re unable to work (at all or partially) for at least 7 consecutive days. If your work-related injury causes you to miss more than 2 weeks of work, then the first week’s wages will be paid retroactively. A doctor must prove that you are unable to work because of your injury.

Returning to work after an injury

If you’re able to return to work but can’t work as long or have to do another job that pays less, then Arizona workers’ compensation offers what’s called a “differential benefit.” This benefit equals 2/3 of the difference between your wages before and after the injury.

For a permanent total disability (PTD), your benefits will equal up to 2/3 of your average monthly wage, up to the state’s maximum benefit amount. For a permanent partial disability (PPD), you may receive scheduled or unscheduled benefits depending on the body part affected.

In the event of a workplace death in Arizona, the deceased worker’s spouse, children or other dependents can receive death benefits that equal 2/3 of the worker’s average monthly wage for 500 weeks (or longer in the case of dependent children)—in addition to payment for funeral/burial expenses (up to $5,000) and medical expenses.

Ultimately, your exact rate of compensation for lost wages will be determined by your age, work and education history, earning capacity, and percentage of disability as assigned by your doctor. Contact one of our experienced workers’ compensation lawyers to calculate your lost wages.

Unfortunately, the answer is no — in most cases.

Workers’ compensation is an “exclusive remedy” against employers that doesn’t include compensation for pain and suffering. This is the major difference between a civil negligence (personal injury) claim and a workers’ compensation claim in Arizona. Workers’ compensation only provides payment for lost wages and medical expenses related to your workplace injury.

However, there are a few exceptions that do allow an injured worker in Arizona to pursue a civil lawsuit and seek compensation for pain and suffering, as well as other damages. The three most common exceptions are:

Unfortunately, yes.

Arizona law prohibits employers from firing an injured employee strictly because they filed a workers’ compensation claim, and your employer cannot prevent you from filing a claim by firing you. However, injured status doesn’t protect your job, even if your employer is at fault for your injury.

Most Arizona workers are considered “at-will” employees, meaning that both the employee and employer are able to end the employment relationship at any time and for nearly any reason at all, with or without notice.

As an “at-will” employee receiving workers’ compensation benefits, this means you can be let go at any time for any reason that’s deemed legal. So while the employer may claim they didn’t fire you in retaliation for filing a workers’ comp claim, the underlying motives may prove otherwise.

Proving that you were fired for filing a workers’ comp claim can be extremely difficult. You’ll need to provide clear and definitive evidence against your employer that shows you were fired for no other reason than for filing a work injury claim. Our workers’ compensation attorneys can obtain performance reports and personal statements made by your boss to prove that your termination was retaliatory.

Sometimes employees are even forced to quit their jobs because they become permanently unable to perform the job. Regardless of your current relationship to your employer, you are entitled to file a claim. Remember, your claim is processed and paid by the insurance carrier, not your employer.

If you’ve been in a car accident while on the job and wish to file a workers’ compensation claim for lost wages and other expenses, the process will work the same way as any other work injury claim in Arizona.

Immediately following the accident, you should notify your employer and seek medical attention. Your employer is then required to provide you certain information such as the name and address of their workers’ compensation insurance carrier, the policy number, and the date of expiration of coverage. Your employer must also notify their workers’ compensation insurance carrier and the Industrial Commission of Arizona within 10 days after you report the car accident to them.

While your exact compensation for lost wages will vary depending on the severity and nature of your injury, your wage loss benefits will equal approximately 2/3 of your average monthly wage. This number is based on your 30 days of work before the accident and only up to the state’s maximum benefit amount (in 2019, the most you can receive is $4,741.57 per month).

As with most legal answers, it depends on the individual circumstances of your case such as the severity of the burn and the type of work you do. Just remember that workers’ compensation in Arizona provides the following benefits:

The only way to accurately calculate how much compensation you’re owed for a work-related burn is to consult an experienced workers’ compensation lawyer.

There are both state and federal laws that require employers in Arizona to provide a safe workplace. However, any injuries you sustained because of unsafe working conditions should be covered under worker’s compensation, so you are better off filing a claim that way rather than suing your employer.

While Arizona does have a “willful misconduct” exception that allows injured workers to sue their employer in civil court for behavior that is proven to be intentionally harmful, these claims are difficult to prove. Just because your employer was careless, negligent or irresponsible doesn’t mean you can sue them for unsafe working conditions.

If you are concerned about unsafe working conditions at your job, we recommend first notifying your employer about the danger. If you belong to a union, you might also consider informing your union representative about the issue.

If your employer fails to take appropriate steps to correct the unsafe working conditions or you’re afraid of retaliation if you notify your employer of the danger, then it’s time to file a complaint with the Occupational Safety and Health Administration (OSHA) or the Arizona Division of Occupational Safety and Health (ADOSH).

It’s also worth noting that you do have a protected right to refuse dangerous work according to OSHA. Learn about your rights here.

In most cases, no.

Workers’ compensation is an “exclusive remedy” against your employer, which means you aren’t able to sue your employer in civil court. Employers may often be at fault for injuries, but employees eligible for workers’ compensation are barred from filing lawsuits against their employers. However, the trade off in this “no fault” system is that employees can collect benefits even when the employee is at fault for their own injury.

The most notable exceptions to this rule are in cases involving:

• Gross negligence. If you are injured due to the “willful misconduct” of your employer or a co-worker, then you might be able to file a civil lawsuit against your employer and the co-worker responsible.
• Uninsured. If your employer didn’t have workers’ compensation insurance at the time of your work injury, then you may file a civil lawsuit against your employer and pursue additional emotional distress damages.
• Third-party. If your injury was caused by the negligence of a “3rd party” (someone other than your employer or co-worker), then you may be able to pursue pain and suffering damages in addition to your workers’ compensation benefits by suing the at fault party in civil court. In this case, you can collect benefits under your employer’s workers’ compensation insurance to treat your injury while your third-party lawsuit is pending. However, the insurance carrier will have a lien against all benefits paid in your claim.

It depends.

If you can prove that your employer cut your pay or reduced your hours simply because you filed a workers’ comp claim, then they can be fined for breaking Arizona employment law that protects injured workers from retaliation for obtaining benefits.

It’s also unlawful for your employer to pay you less because of your disability if you can still perform the basic tasks of your pre-injury position. This is considered disability discrimination and is outlawed by the Americans with Disability Act. Your employer is required to reasonably accommodate your disability, unless they can prove that doing so would cause “undue hardship” to the business.

If, however, you are temporarily given a position until you recover that warrants a lower wage because you can’t perform your normal job functions, then your employer is legally allowed to reduce your pay until you are able to be reinstated to your normal position (and pay rate).

In Arizona, employers have no legal obligation to provide a position for an injured worker who receives a light-duty work clearance from their doctor. If an employer is unable (or refuses) to accommodate a “light duty” worker, then the injured worker must seek other employer in order to continue receiving their workers’ compensation benefits.

While a worker is on light duty restrictions, the worker will continue to receive benefits for lost wages if they remain employer. However, the benefit will be reduced to 2/3 of the difference between what the worker earns on light duty and the average monthly amount earned before the injury.

Most Arizona workers are considered “at-will” employees, meaning that both the employee and employer are able to end the employment relationship at any time and for nearly any reason at all, with or without notice.

But can you quit and still receive your workers’ compensation benefits?

In short, yes and no.

If you voluntarily quit your job while receiving workers’ comp benefits, you should continue receiving medical benefits but will stop getting any wage loss or disability benefits you were receiving.

If you’re currently receiving workers’ compensation benefits and want to quit your job, we strongly recommend you consult a local workers’ compensation lawyer before you resign so that you fully understand how this move will impact your claim.

The injured worker or the doctor, not the boss or the employer. However, if your doctor fails to file the claim, you can file the claim yourself by filling out “worker’s report of injury” form that you can get from the Industrial Commission of Arizona or our office.

Often, yes, if your employer is not self-insured. You have to apply to and be approved by the Industrial Commission to change to a new doctor. Frequently the relationship between a doctor and patient can break down. We can recommend a doctor that has a good professional relationship with our office in case you experience such an issue.

You have to file a “protest” with Industrial Commission of Arizona. If you don’t have an attorney, don’t wait! You only have 90 days to request a hearing date with a judge to protest the denial, because a hearing is the ONLY way to guarantee yourself a chance to get the insurance carrier’s decision reversed. If you fail to file a protest in time, your claim is OVER. It is highly recommended that you contact an attorney if your claim is denied. Your attorney can file a protest for you and may be able to negotiate the acceptance of your claim without going to court. Most importantly, your attorney knows which particular facts prompt insurance companies into action and compel judges to rule in your favor.

There could be several reasons why you have not received a check. The claim may have been denied, filed late, never filed or accepted without notification as a “no time lost” claim. You may be on “light duty” status per your doctor, but have not filled out the insurance carrier’s monthly status form. Sometimes the carrier lacks wage information to calculate benefits. It is also not uncommon for insurance carriers to act slowly for various reasons, often blaming doctors and employers for failing to send requested information. A good attorney will figure out what the problem is and keep the pressure on the insurance company to issue timely benefits.

If you have to travel more than 35 miles to see a doctor because there are no specialists near you, you can be reimbursed.

Yes. You need to file a change of address, as well as find a new doctor in near your new area. Your attorney may be able to help find a new doctor if finding one proves difficult. However, you will have to make the trip back to Arizona if there is a need for a hearing.

Insurance carriers will often use these exams, known as “independent medical exams,” to build evidence for various reasons or to double check your doctor’s assessment. An unfavorable opinion from any doctor can be used to limit your benefits, close your case or deny it completely. It is essential to have the best medical and legal specialists on your side, in case you have to fight for you right to treatment and benefits.

You can file the claim in either the state where you were hired or the state in which you were injured. If you live and work mostly in Arizona, it may be the easiest place to file your claim. Since workers’ compensation laws vary from state to state, your lawyer and court hearings will both be in the state in which the claim is filed.

Yes, as an injured worker in Arizona, attendance at your deposition and administrative hearings are necessary. It’s essential that you make arrangements to attend. The credibility of your claim may be negatively impacted if you arrive late, so be sure to arrive on time for a hearing and deposition. You should also meet with your lawyer to prepare. The final preparations before the deposition and hearing are important because these steps are very important in your workers’ compensation case. Your lawyer will provide proper preparation for the questions that you can expect and instructions on how to describe your injury.

Please be sure to leave your cell phone in the car or turn it completely off. If you have children, arrange for a babysitter and don’t invite family members to attend. You should be focused and not have distractions during hearings or at your deposition. The success of your hearings and deposition is critical to you receiving workers’ compensation benefits. It’s important that everything goes smoothly and well.