FAQ

The Industrial Commission of Arizona or the ICA as we often call it is a state agency where records of work injuries are kept.  It is where you would do things like request a change of doctor or request a hearing.  It houses the judge’s who will be deciding your cases. It is located at 800 W. Washing Street in Phoenix Arizona.  There is also a Tucson location.  The Industrial Commission of Arizona can also answer any questions in terms of what documentation can be found in your file. Finally, as a reminder, the Industrial Commission of Arizona is where you will go to file a workers report of injury.  Remember that if it is not formally filed there within one year you may be out of luck. 

The Industrial Commission of Arizona or ICA as we like to call it is an important place that you should become familiar with.  See the question prior to this one for information on what the ICA is and what all you can do there.  Almost everything you can do in person at the ICA you can also do via their website.  AZICA.GOV.  Here you can file a request for hearing, a workers report of injury, a change of doctor, etc. There is also a portal you can access through their website giving you access to all the documents filed on your claim.   It is an important website to become familiar with and one that you will use often. 

Yes.  You should report the injury to your employer immediately or as soon as possible.  You should also report the injury to the Industrial Commission of Arizona.  While you should do this promptly you technically have a year to file.  Filing with the Indutrial Commission of Arizona should be done via a formal form called a 407.  Your reporting to your employer can be more informal but try and report it in writing such as text or email if possible so there is evidence of this later. 

The state of Arizona will cover the workers compensation claim and will fine your employer for not having the insurance they are supposed to be carrying. 

Clients often ask how they should dress for a Workers’ Compensation Hearing. Attorney Chad Snow of Snow and Carpio answers that question. Listen to Attorney Chad Snow’s video answer and contact us at 602-532-0700 or 520-647-9000 to schedule an appointment in our Phoenix or Tucson office for a free consultation. You can also visit us at www.snowcarpio.com.

Your works compensation rights continue to exist even if the company ceases to exist or if you are let go.  You may be entitled to remedies under employment law for having been let go and we recommend you consult with an employment lawyer.  We recommend however that you do not quit or reject accommodated work.  This could affect your benefits. 

A judge will log everyone in to what is typically a virtual hearing.  There will be a defense attorney, a judge, yourself, and your attorney if you have one.  The defense attorney and your attorney will both ask you questions attempting to tell you story and present the issue at hand to the judge.  Hearings typically last between 20 minutes and an hour.  Further hearings with doctors will be scheduled after your initial hearing with the judge. 

You should prepare for your hearing by sending in evidence.  Evidence is due prior to the hearing and should be sent to both the judge as well as the defense attorney.  There is both written evidence as well as witness requests.  You will want to do both of these.  If the issues involve something medical such as the need for surgery etc, you will need to make sure you subpoena a doctor.  We always say a case is only as good as the doctor willing to stand behind it so make sure your doctor is on board if you can before you request him as a witness. 

We recommend you dress as you normally would.  No need to dress up in a suit and tie.  Avoid clothing or hats that might be offensive or overly political.  

https://www.youtube.com/watch?v=WTFHg9KJxQo

It will likely be virtual unless there is a reason to do it in person and you request it in person.  Most if not all our hearings are virtual. 

You should answer the questions posed to you.  You should try and be in a place with good lighting.  You should try and be stationary.  It can be really distracting when people move around. Be honest.  Do not exaggerate.  And tell the truth. 

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A deposition is an interview underoath that takes place prior to the hearing.  It is conducted by the defense attorney and a judge is not present. It is important to tell the truth during this proceeding because what you say at hearing will also be under oath.  If the deposition testimony and the hearing testimony do not match this may be used to try and questions your credibility. 

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Unless you give the right to reopen away via lump sum settlement, you have the right to reopen as many times as you need.  In order to reopen a claim you must show objective evidence of a new or undiscovered condition.  A worsening so to speak that shows up on tests and was not present previously. 

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Active medical care is intended to help you recover.  If recovery is over and the doctor is merely trying to manage your symptoms or keep you comfortable then this is supportive medical care. 

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It depends on the case and what part of your body you injured.  Typically if you cannot go back to work as a result of your injury then you will receive a monthly benefit.  This benefit is calculated based on your loss of earnings as a result of the injury and it’s restrictions.  This is not always the case though.  If you are being told that your injury does not result in a monthly benefit then you should reach out and consult with an attorney. 

Yes.  Social Security Disability is a benefit you can apply for through the federal government.  You can receive both Social Security Disability and Workers’ Compensation benefits at the same time.  Your Social Security Disability benefit may at times be affected by your receipt of Workers’ Compensation but Workers’ Compensation is not affected by your receipt of Social Security Disability.  Social Security retirement benefits are never affected by Workers Compensation. 

When a person stops healing from a work injury they may have permanent work restrictions if they did not heal well.  If a person has permanent work restrictions they may be entitled to what we call a permanent disability award.  While the disability is permanent, the award is not necessarily permanent.  It is fixed for a time but subject to change.  It can increase and/or decrease if your condition changes, if you start making too much money, if your company offers you light duty, etc. 

File a claim as soon as possible.  Keep good track of your medical treatment. Consult with an attorney as needed. 

A workers compensation claim can be settled lump sum at any time.  A person can settle the monetary payments on their claim but keep the medical or they can settle full and final which extinguishes both medical and payments. For more information on full and final settlements and what they entail please refer to our frequently asked question in that regard. 

A full and final settlement is when you are given a lump sum of money to completely extinguish all legal rights under your workers compensation claim. You want to be very careful before settling a case full and final as you will not be able to come back later and reopen your claim.  If you have been offered a full and final settlement and would like to consult with us remember that consultations are free. 

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A work injury should be reported to your employer right away or as soon as possible.  You also need to report the injury to the Industrial Commission of Arizona or ICA within one year of the accident.  If you miss this deadline it can be extremely problematic.  You can report or file with the ICA via their website or in person.  The form you will be looking for is called a 407 form.  It is easy to fill out and again it can be submitted online.  It is important to use as much detail as possible because the form may become evidence later on in terms of what body parts you injured, etc. Merely telling your employer without any further action is insufficient.  Your doctor may also report your work injury but being this is not always a reliable method you should report it yourself as well. 

Once your injury is reported to the Industrial Commission of Arizona or ICA, the ICA then informs the insurance carrier of the injury and the carrier must formally and legally respond as to weather it is accepting or denying the injury.  This must take place within 21 days of the carrier receiving notice from the ICA.  If you have merely been told that the claim is denied either by the carrier or employer you will want to cross reference that with the Industrial Commission of Arizona.  If there is not a report of injury and legal notice on file with them then it is as though it has not yet happened.  The document you and the ICA should receive is called a Notice of Claim Status.  At the top there will be a check box either showing the case is accepted or that it is denied.  IF you disagree with anything on this Notice or subsequent Notices, you have 90 days from the date the notice was mailed or filed to request a hearing with the ICA. 

No.  Undocumented workers are entitled to the same rights as documented workers or US Citizens. 

Nurse case managers are medical professionals hired by insurance companies to help workers who are severely injured manage their cases. In our experience, while some nurse case managers do advocate for injured workers, the majority represent the interests of insurance companies.This means they’ll try to reduce your benefits by minimizing the medical care you get and pressuring doctors to release you to work as soon as possible.

The insurance company will sometimes assign a nurse to attend your appointments with you.  If you hire us we have them removed from your claim. 

Associate Attorney Nick Wearne of Arizona’s Work Injury Firm discusses how to report, when to report and how not reporting will affect your Workers’ Compensation claim in Arizona.

An Independent Medical exam is an examination set up by the insurance company with a doctor of their choice and unfortunately, you have to attend. 

If you are able to work light duty and the employer is unable to accommodate you, you are likely entitled to lost wages benefits. 

The wage that you were being paid at the time of injury is really important because everything you are paid in your workers compensation case is a percentage of that amount.  It should include all jobs and tips.  Your Average monthly Wage is set by the Industrial Commission of Arizona and can be appealed if it is incorrect.

Once your case is accepted you will receive lost wage money if your employer is unable to accommodate you.  You will also receive what we like to call active medical treatment.  It is active because you are actively recovering.  If you have lost wages your Average Monthly Wage will get set.  These are all things that happen shortly after your case is accepted. 

A Notice of Claim status is an official legal document where the insurance company is informing you about something that is going on with your claim.  You have 90 days to appeal it by filing a request for hearing with the Industrial Commission of Arizona. 

Be polite.  Be professional. Be on time.  Do not exaggerate.  They will often test to try and see if you are exaggerating your symptoms. 

You file a request for hearing with a judge by filling out a request for hearing form with the Industrial Commission of Arizona.  This can be done online or in person. Once that is submitted you will receive a notice in the mail which will have your hearing dates. 

Any time you do not agree with something that is happening on your claim and the adjuster or defense attorney are unwilling to fix or rescind it, then you should request a hearing.  Many hearings have to be requested within a deadline period.  Always try and be aware of any deadlines pending on your case.  If you have any questions you can call the Industrial Commission of Arizona about your claim and ask what if any deadlines are pending. 

When you are done healing a determination will be made whether you have any permanent impairment and whether you have any permanent restrictions as a result of your injury. Notices of Claim Status often follow.  These notices and other documents issued around this time have deadlines in terms of requesting a hearing.  Make sure you are cognizant of the deadlines and reach out to an attorney if you have questions. 

An old workers compensation claim can actually increase the benefits you are owed on a new claim.  If you have a prior claim we recommend setting a fee consultation with our office. The rules on this are nuanced. 

Although an employer will sometimes continue to pay your health insurance premiums the simple answer to this question is they do not have to do so.  Remember health insurance, and the right to medical treatment as a result of your work injury are two different things.  Your medical treatment for the work injury is not tied to your employment or to the continued payment of insurance premiums. 

When a person’s impairment or disability is permanent it is divided into two types of permanent impairment.  There is what Arizona refers to as a scheduled impairment.  A scheduled impairment results in a finite amount tied to how large the impairment is.  There are also unscheduled impairments.  When a person’s impairment is unscheduled they often look at  a person’s monthly earning capacity and compare it to how much a person could make prior to the injury.  If a person obtains a unscheduled impairment and subsequent benefit, said benefit has the potential to go on indefinitely.  The laws and rules that allow us to determine whether an impairment is scheduled or unscheduled are quite complicated.  What you should know is this, generally speaking unscheduled impairments are more lucrative.  If your case has been closed scheduled you should scheduled a free consultation to assure that it was closed correctly. 

A medical care is split up into two categories when it comes to a workers compensation claim.  Active medical treatment is received after an injury until a person stops recovering.  If a person does not recover completely, supportive care may be necessary.  The goal of supportive care is comfort and to manage symptoms that are not going to go away.  As long as there is healing to be had a person should remain in active medical care. 

This is a very difficult question to answer without a free consultation. While you can settle your claim at any time, a claim will most often settle once a person has stopped recovering and we (they) know what the long term effects of their injury will be.  When a person stops healing they also may be given permanent work restrictions.  Once we know what a person’s life is going to look like long term because they are no longer healing, it is then that we most often settle.  

Consultations at our firm are free.  It is likely very hard to tell if the offer is a fair one or not without digging into the details.  We recommend a consultation with one of the attorneys at our firm even if you do not intend to hire us.