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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 …

The Duty to “Forthwith Report” An Arizona Work Injury

One of the biggest reasons that Arizona workers compensation claims are denied is that the injured worker fails to report the injury within a timely manner.  Arizona Revised Statutes §23-908(D) states that an employee who suffers an accident “shall forthwith report the accident and the injury resulting therefrom to the employer.”  This allows employers to …

Can I Sue My Employer in an Arizona Work injury?

  With very few exceptions, a worker injured on the job in Arizona cannot win a suit against their employer for injuries sustained in an on-the-job accident.  Even if the Employer’s negligence contributed to or caused the injury, the worker’s only remedy is usually a workers’ compensation claim.  This is known as the Rule of …

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