Being involved in a workplace accident that results in serious injury is shocking and stressful. You may not know what to do in the following days and weeks. However, the actions you take immediately after a workplace accident are very important and will significantly affect whether you receive benefits, and the amount you are entitled to. Not only should you take certain steps after a work injury, but you also only have a certain amount of time to take them. Below, our Arizona workers’ compensation lawyer explains further.
The Statute of Limitations in Workers’ Comp Claims
In Arizona, you have just one year to file your workers’ compensation claim with the Industrial Commission of Arizona (ICA). If you fail to file your claim within this time, you will likely lose your right to claim any benefits at all. However, there are some exceptions to the statute of limitations in workers’ compensation cases. One of these is the discovery rule.
If you were not aware immediately after the accident that you were hurt, the statute of limitations is tolled, or delayed, until the date you discovered your injuries. For example, if you discovered three weeks after a workplace accident that you sustained a concussion, you would have one year and three weeks to file your claim with the ICA.
Reporting the Injury
Unlike many other states, there is no time limit in which you must report your injury to your employer. However, it is recommended that you always report any workplace injury to your employer as soon as possible. This can make it easier to prove your injuries to your employer. Also, memories can fade over time and if you wait too long, you may forget important details about the accident. Also, if you fail to report the injury to your employer as soon as possible, they may use it as a reason to deny or delay your benefits.
Report the injury to your employer no later than a few days after the accident. If you are unable to return to work and you cannot contact your employer, you should have someone you trust report the injury to your employer for you.
Employer’s Report of Injury
After you have reported your injury to your employer, they have ten days to file an Employer’s Report of Injury with the ICA. Your employer must fill out this form with basic information, as well as details regarding the accident and resulting injury. The name of the physician and hospital that treated you are also included on the form, as well as information regarding your wages. Your employer must also send a copy of this form to their insurance company. When a workplace accident results in a fatality, your employer has just one day to notify the ICA.
It is not uncommon for employers to fail to fulfill their duty of submitting this form to the ICA or the insurance company. As such, it is critical that you submit it yourself or ask your employer for confirmation that they have sent it. If they have not, it is recommended that you contact an Arizona workers’ compensation lawyer. If your employer does not submit this form, there is a good chance that they will also make it difficult to obtain your benefits in the future.
Receiving Benefits
After you have filed your workers’ compensation claim, your employer’s insurance company has 21 days to either approve or deny your claim. If the insurance company approves your claim, the amount of time it takes before you start receiving benefits depends on the nature and severity of your injuries.
If your claim was for medical benefits only, your employer’s insurance company must assume immediate financial responsibility for any medical bills you have already incurred, and those you will face in the future.
If your injuries are so severe that you cannot return to work right away, you may be eligible for wage replacement benefits. You are only eligible if you miss seven or more consecutive days of work. You will not receive any wage replacement benefits for the first seven days of your injury unless you miss 14 or more consecutive days of work. If you miss 14 or more consecutive days of work, you can receive retroactive benefits for the first seven days of your injury.
Appealing a Denial
Unfortunately, it is not uncommon for workers to be denied workers’ compensation benefits. If you have been denied, you can appeal the decision but you also only have a certain amount of time to do this. Under state law, you must appeal to the ICA in writing within 90 days of receiving notice of the denial. If you do not appeal within this time, you will likely be barred from submitting any appeal and obtaining the benefits you need.
If you do submit your appeal within the time limit, the ICA will notify you of a hearing date, as well as the name of the administrative law judge who will preside over your case. Typically, the time between your notification and the hearing is three months. However, the amount of time it takes does vary on a case-by-case basis.
At your hearing, you will argue your case to the judge and can call witnesses, such as a co-worker or your doctor, to support your case. After the hearing, it will take approximately two months to receive the judge’s decision. If the judge denies your appeal, you can file another appeal within 30 days. This requires a petition for special action, so you should always speak with an attorney first.
Call Our Workers’ Compensation Lawyer in Arizona Today
There are many deadlines to follow when submitting a workers’ compensation claim. At Snow, Carpio & Weekley, PLC, our Arizona workers’ compensation lawyer can ensure that you meet all necessary deadlines so your benefits are never at risk. Contact us today to request a free review of your case with our experienced attorney and to get the legal help you need.
