Workers are entitled to no-fault workers’ compensation coverage. As explained by the Industrial Commission of Arizona (AZICA), “it is mandatory for employers to secure workers’ compensation insurance for their employees.” Unfortunately, not all companies live up to this responsibility.
Workers need to know what to do if they were injured while working for an uninsured employer. In this article, our Phoenix workers’ comp lawyer provides a comprehensive guide to your rights and options if you were hurt on the job with an uninsured employer in Arizona.
You Can File for Benefits Through the Arizona Special Fund
Employers in Arizona have a duty to provide no-fault workers’ comp insurance coverage to the large majority of employees, including part-time workers. A no-fault workers’ comp claim allows injured workers to seek medical and wage loss benefits regardless of how their accident occurred. What happens if your employer is not insured? You still have options.
The Industrial Commission of Arizona administers a program called the Special Fund. It was created more than five decades ago to provide benefits to injured workers who are not covered by insurance, including people hurt while working for an uninsured employer. The benefits available through the Special Fund are similar to the benefits available through workers’ compensation.
You May Have a Civil Personal Injury Lawsuit Against an Uninsured Employer
Workers’ comp is the exclusive remedy that an injured employee has against their own employer. However, an uninsured employer is not protected in the same way. An injured worker can file a fault-based personal injury claim against an uninsured company. Through a personal injury lawsuit against an uninsured employer, an injured worker may be entitled to financial compensation for the full extent of their economic and non-economic damages. Along with other types of losses, financial relief may be available for:
- Emergency medical care;
- Hospital and medical bills;
- Physical therapy;
- Mental health counseling;
- Lost wages;
- Diminished earning capacity;
- Pain and suffering;
- Permanent disability or disfigurement; and
- Wrongful death damages.
An Arizona Work Injury Attorney Can Help You Navigate an Uninsured Employer Claim
Navigating the workers’ compensation claims process can be challenging—especially so if you found that your employer is uninsured. You do not have to figure out the process alone. An experienced Arizona workers’ comp lawyer can help you gather and prepare all of the documents, records, and information that you need to get justice and maximize your financial recovery.
Schedule a Free Consultation With an Arizona Workers’ Compensation Lawyer Today
At Snow, Carpio and Weekley, PLC, our Arizona work injury attorneys have the skills and experience to handle uninsured employer claims. If you or your family member was hurt while working for an uninsured employer, we are here to help. Give us a call now or send us a direct message for a no cost, no commitment case review. From our offices in Phoenix, Tucson, Yuma, Lake Havasu, and Flagstaff, we fight for the rights of workers and families all around Arizona.
