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Why Do Illegal Aliens Get Workers Comp in Arizona?

O.K., I live in Arizona – we don’t have the best reputation for tolerance, love, and racial harmony.  Well then why does our legislature cover illegal aliens injured on the job?  The answers are many and very complex.  First, you must understand a little history of Arizona Workers Compensation.  Before 1961, an employee who was …

How to Determine Employee vs. Independent Contractor in Arizona Work Comp

One big mistake some employers make is thinking that just because they have their employees sign an “Independent Contractor Agreement,” they are totally immune from Arizona workers’ compensation claims. Just because you call somebody something, doesn’t make them that something.  If you have your employees sign a “Genius Agreement” does it make them geniuses? No. …

Who Is Considered an “Employee” for Arizona Workers Compensation Benefits

One area of our practice that has seen a lot of action in recent years is that of who is considered an “employee” for purposes of qualifying for workers’ compensation benefits in Arizona. What if the injured person was hired to do day labor at a Home Depot?  What if the employer specifically had them …

How Is My Compensation Calculated in An Arizona Work Injury Claim?

Compensation benefits in an Arizona workers compensation claim are based on the injured worker’s “average monthly wage at the time of injury”  (A.R.S., §23-1041(A)).  This means that every penny of compensation you will receive is based on the Industrial Commission’s determination of your wage at the time you get hurt.  Just how to determine the …

Can I Reopen an Arizona Workers Compensation Claim?

Oftentimes I hear about what a crummy workers’ compensation system we have here in Arizona.  I always tell my clients that one of the bright spots of our Workers’ Compensation Act is the lifetime right to petition to reopen a claim in Arizona. Defining a Claim A.R.S. 23-1061(H) provides that: “On a claim that has …

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