According to data from the Industrial Commission of Arizona, nearly 70,000 workers are hurt on the job in the state each year. Were you hurt on the job in Phoenix, Tucson, or elsewhere in Arizona? You have the right to seek compensation. At Arizona’s Work Injury Firm, we know workers’ comp law. When experience matters, you can count on us to step up and fight for your rights. Here, our Arizona workers’ comp attorney dispels six of the most common myths about the system.
Myth #1: You Can Only File if the Injury Was Your Employer’s Fault
Not true. You do not have to prove that your employer was negligent or otherwise at fault for a workplace accident in Arizona to qualify for benefits. Arizona’s workers’ comp system is “no-fault.” In fact, even if you made a mistake on the job, you may still be covered. The purpose of the system is to provide medical care and wage replacement without costly litigation over liability. The only exceptions involve serious misconduct, such as intentionally hurting yourself or being impaired by drugs or alcohol while on the job.
Takeaway: Qualifying for workers’ comp benefits only requires being hurt within the course and scope of your employment, not on proving fault.
Myth #2: Workers’ Comp Only Covers Obvious Physical Injuries
False. While traumatic injuries like fractures and burns are common, Arizona’s workers’ comp law also covers occupational illnesses and repetitive stress conditions. In fact, in Arizona, workers’ comp claims can arise from things like chemical exposure, lung disease, carpal tunnel syndrome, or psychological injuries related to a workplace incident. Proving causation may be more complex for these conditions, but benefits remain available. You are entitled to reasonable and necessary medical treatment for any injury or disease arising out of employment.
Takeaway: Even without a physical injury, you may still qualify for workers’ comp benefits in Arizona. An experienced attorney can help you navigate the claims process.
Myth #3: You Will Lose Your Job if You File a Workers’ Comp Claim
In Arizona, it is unlawful for an employer to take any adverse action against an employee simply because he or she filed for workers’ comp benefits. Arizona law prohibits employers from retaliating against workers for asserting their rights under the workers’ comp system. Termination, demotion, or other negative actions motivated by a claim filing may constitute unlawful retaliation. Although Arizona is an at-will employment state, retaliation is still prohibited. Employers who punish workers for exercising their to file for workers’ compensation benefits can be held liable.
Takeaway: If you were fired or laid off because you filed for workers’ comp, it is crucial that you consult with a top-rated Arizona workers’ compensation attorney right away. Retaliation is not acceptable.
Myth #4: Workers’ Comp Pays for Pain and Suffering
Sadly, that is not the case. Even though a workplace injury could leave you with immense pain and suffering, you cannot recover compensation for it through your workers’ comp claim. Unlike personal injury claims, Arizona workers’ comp does not provide compensation for pain, suffering, or emotional distress. Benefits are limited to medical care, wage replacement, and disability payments for permanent impairment. The system is designed to be efficient and predictable, not to award general damages. That said, you may have a separate personal injury claim if a third party (such as a subcontractor or equipment manufacturer) contributed to your accident. In those cases, you can pursue additional compensation beyond workers’ comp, including for pain and suffering.
Takeaway: Arizona workers cannot get pain and suffering compensation through a workers’ comp claim. However, it may be recoverable through a third party liability claim if you have one.
Myth #5: You Can See Any Doctor You Choose for Treatment
Unfortunately, this is not necessarily the case in an Arizona workers’ comp claim. In Arizona, medical care is subject to strict rules. If your employer’s insurance company has a contracted provider, you may be required to begin treatment with that doctor. However, you can often request a change in physician after the initial evaluation. The Industrial Commission has procedures for approving transfers to another doctor when necessary for your health.
Takeaway: Your employer may initially require you to get treatment from one of several approved doctors. Make sure that you know that you are getting care from the right physician.
Myth #6: You Cannot Appeal if Your Claim is Denied
False. Completely false. Neither your employer nor their insurance company gets the final say on your benefits. If the insurance company denies your claim, you are not out of options. In Arizona, you have the right to protest and request a hearing before the Industrial Commission of Arizona. Administrative law judges evaluate medical evidence, witness testimony, and legal arguments. Many claims that are initially denied are later approved through the appeals process.
Takeaway: If your workers’ comp claim was denied, you should speak to an appellate lawyer right away.
Arizona’s Work Injury Firm Fights for Justice for Workers and their Families
A workplace injury can change your entire life. It could leave you stressed out, overwhelmed, and potentially unable to return to the job. When experience matters, it is imperative that you have a top-rated Arizona workers’ comp lawyer on your side. At Arizona’s Work Injury Firm, we know how to get results for injured workers. Our settlements and awards show what we can do for clients. Your initial consultation with our Arizona workers’ comp lawyer is free, confidential, and without any additional obligations. We are here to help you get the best outcome in your case.
Set Up a Free Case Review With Our Arizona Work Injury Attorney Today
At Arizona’s Work Injury Firm, our Arizona workers’ compensation lawyer is standing by, ready to protect your rights and your interests. Our firm has the experience you can trust when it matters the most. Connect with us via phone at (877) 370-5788 or contact us directly online for your free case review. From our legal offices in Phoenix, Tucson, Lake Havasu, Flagstaff, Yuma, we handle workers’ compensation cases throughout all of Arizona.