Many workers in the United States are unaware of their rights when it comes to job-related injuries. In Arizona, employers are required to provide workers' compensation benefits to employees who suffer work-related injuries or illnesses. Understanding the rights that come with workers' compensation is essential for workers looking to recover from job-related injuries or illnesses.
This blog post will provide an overview of Arizona's workers' compensation regulations, explain the rights and benefits available to employees, and offer resources for those looking for more information. It is important for workers to be informed about their rights, so they can make sure they get the compensation they deserve. By understanding what rights they have and the benefits available, employees can make sure they are informed and equipped to seek the appropriate compensation following a work-related injury or illness.
Here are 9 things you need to know about workers' comp benefits in AZ.
1. Eligibility Requirements For Worker's Compensation
In Arizona, an employee is eligible for worker's comp benefits if they have been injured while performing work-related duties or acquired a work-related illness. The injury or illness must have been sustained while working in their current job or while they were performing duties related to a prior job.
If an individual is working two jobs in Arizona, they may also be eligible for worker's compensation benefits regardless of which job they were injured in, so long as the injury or illness was related to their employment.
2. Types Of Compensation Benefits Available
Arizona’s worker’s compensation laws provide a variety of benefits to those that have been injured on the job or have suffered from a work-related illness. These benefits are available regardless of whether you are employed by one or two or more employers. The types of benefits available include:
Medical Benefits - these are to help cover the cost of medical bills related to the injury or illness sustained;
Lost Wages Benefits - these are available to employees who have been unable to return to work due to injuries or illness. Benefits may include a portion of their lost wages, up to two-thirds of their pre-injury wage;
Disability Benefits - these are available to employees who have a permanent or partial disability due to their injuries or illness;
Vocational Rehabilitation Benefits - these are available to help employees who have been unable to return to their previous job due to their injury or illness. These benefits can provide additional training or education, as well as job search assistance;
Death Benefits - these are available for those whose loved one has died due to a work-related accident or illness.
Each of these benefits is designed to provide financial assistance to those affected by a work-related injury or illness and also covers worker's comp with 2 jobs or more.
In Arizona, injured workers can receive up to two-thirds of their wages through workers' compensation. This amount is also capped at a maximum of $500 per week in 2020. Depending on the specific injury, an injured worker may also be eligible for additional benefits, such as job retraining or vocational rehabilitation in 2023.
3. Claims Process
If you are working multiple jobs and have been injured on the job, you may be eligible to receive worker's comp benefits from both employers. However, you must file two separate claims for each job. You must provide the proper documentation for each claim, including a doctor’s diagnosis, a report of the injury, the name and address of both employers, and evidence of wages from both jobs. You must also be able to prove that you have been disabled as a result of the injury. Upon filing both claims, the process is fairly straightforward and you should expect a decision within a few weeks.
4. Additional Resources
If you have been injured on the job and are unsure of what rights or benefits you may be entitled to, there are a variety of resources available for workers in Arizona. You can reach out to the Arizona Department of Labor for more information or contact an experienced attorney who specializes in workers’ compensation law.
For legal advice from expert worker's compensation attorneys, follow this link: Matt Fendon Law Group.
5. Timeframe For Receiving Benefits
If you suffer an injury that qualifies for worker's comp, you may be eligible to receive benefits for the injury. However, the timeframe for receiving the benefits is dependent upon how much of the injury is related to each of the jobs. For example, if the injury is determined to be 50% related to one job and 50% related to the second job, you may receive benefits from each job in the days and weeks following the injury. In the case of a disabling injury, the timeframe may be longer as it can take time for the employee to recover. In any event, it is important that you speak with an experienced attorney or contact the Arizona Department of Labor as soon as possible to ensure that your rights are protected and that you receive all of the benefits available to you.
6. Injured Worker's Rights During The Process
The coverage applies in cases where an employee is injured in the course of their work, regardless of the number of employers they have. As such, an injured worker has the right to pursue worker's comp benefits from both employers, as long as the injury meets the criteria for coverage. Workers should be aware that there may be limits to the monetary amount of benefits they can receive, depending on the specific laws governing worker's comp in their state.
7. Appeal Process In The Event Of A Denied Claim
In the event that a worker's comp claim is denied following an accident, a worker has the right to appeal the decision. The process of appealing a decision can be complicated and includes one or more steps. Generally, you must file a Notice of Appeal with the court that issued the original decision and submit all relevant documents to support your case. After a judge reviews the case, a decision will be issued. If you do not agree with the decision, you may be able to appeal to an appeals court. It is important to consult with an experienced workers' comp attorney before taking any legal action.
It is also important for workers to remember that the process of appealing a denied worker's comp claim can take several months or more, and it is likely you will have to wait for a decision from the courts. During this time, it is essential that you stay in contact with your employer and the Worker's Comp Office to ensure that any changes or decisions are relayed to you in a timely manner.
8. How To Report Potential Fraud
The worker's compensation insurance can also be a milking cow for people with malicious intent. Fraud in the worker’s compensation system exists and it is important that you report it as soon as possible if you see any fraudulent activity. Doing so will help ensure that you, as well as other workers in the state, receive the proper benefits you deserve.
To report potential fraud, you should contact the Arizona Industrial Commission Fraud Investigations Unit at 602-542-4411. Be sure to provide as much information as possible, such as the name of the business or individual who you believe has acted fraudulently. Your identity will be kept confidential. You may also submit a complaint online by visiting the website of the Arizona Industrial Commission.
9. Resources To Help You Navigate The System
Workers in Arizona with two or more jobs may be entitled to worker's comp benefits, in the event of an injury or illness. However, navigating the system to understand your rights can be overwhelming. This section provides a list of resources to help you navigate the system and understand the process:
• Industrial Commission of Arizona (ICA) -Workers in Arizona have access to the Industrial Commission of Arizona (ICA), which offers an array of services to help with worker's compensation claims. The ICA can provide assistance in understanding and filing a claim, researching the available evidence to support a claim, and appealing a denied claim. Additionally, the ICA operates an ombudsman program to assist claimants with navigating the appeals process and addressing any issues they may be having with their case.
• The Arizona Department of Insurance and Financial Institutions provides resources to help workers with insurance-related matters, including those related to worker's compensation. The department offers educational material on the process of filing a worker's compensation claim and understanding the available benefits. Additionally, their website provides contact information for state or local offices that are able to offer additional advice and assistance.
Compensation Conclusion
In conclusion, understanding your rights when it comes to obtaining worker's compensation benefits in Arizona is important. It is important to keep in mind that you have the right to file a claim, to receive medical care, to be compensated for lost wages, and to receive disability benefits. Knowing your rights and understanding the process for filing a claim can help you obtain the benefits you deserve.
