ARIZONA WORKERS' COMPENSATION SUMMARY

This pamphlet is divided primarily into four areas. The first is a summary of the LAW starting with the history of workers' compensation through the filing of a claim to its closure and/or settlement. The second section discusses PROCEDURES and should be read by anyone with a claim to better understand legal aspects of the claim. The third section includes possible BENEFITS IN ADDITION to workers' compensation benefits and, finally, the fourth section is a list of PHONE NUMBERS to call for help.

This pamphlet is not a complete summary of all the laws dealing with workers' compensation. THIS SUMMARY IS ONLY MEANT TO BE A HELPFUL OUTLINE - IT IS NOT THE LAW! Even though we try to keep this summary up to date, there are many changes that take place by court decision and also changes by the state legislature so this booklet may not have the latest law in a particular area. In addition, every worker's situation and case is different and many exceptions to these general rules exist. Any worker who needs representation in his or her Social Security or Workers' Compensation case or HELP IN FINDING AN ATTORNEY FOR ANY PURPOSE should contact:

SAMUEL COLLINS
Attorney-Abogado
Collins Law Offices PLLC
15 W. Washington Street
Tucson, AZ 85701
(520) 622-8902
Samuel Collins, attorney

Table of Contents

  1. ARIZONA WORKERS' COMPENSATION SUMMARY
    1. BACKGROUND FOR UNDERSTANDING WORKERS' COMPENSATION
      1. A Short History of Workers' Compensation
      2. Arizona Workers' Compensation
      3. Parties to a Workers' Compensation Claim in Arizona
    2. IMMEDIATE CONSIDERATlONS FOR AN INJURED WORKER
      1. When is an Injury Covered by Workers' Compensation?
      2. What are Injuries by Accident?
      3. "Arising Out of" and in the "Course and Scope of" Employment
      4. The Right to Sue Your Employer
      5. Practical Suggestions for Filing for Workers' Compensation
    3. POSSIBLE DEFENSES TO YOUR WORKERS' COMPENSATION CLAIM
      1. Late Filing of Claim or Request for Hearing
      2. Failure to "Forthwith Report" Injury
      3. Lying on Job Application
      4. Violation of Company Safety Rules
      5. Self-Inflicted Injuries and Suicide
      6. Use of Drugs and Alcohol
      7. Occupational Disease
    4. MEDICAL CARE UNDER WORKERS' COMPENSATION
      1. General Information
      2. Selecting Your Doctor
      3. Treatment For Your Injury
      4. Changing Doctors
      5. Independent Medical Examination (IME)
    5. COMPENSATION BENEFITS
      1. When and How Compensation is Paid
      2. Average Monthly Wage (AMW)
      3. Stages of Workers' Compensation
      4. Temporary Total Disability
      5. Temporary Partial Disability
      6. Closure/Permanent Disability
    6. WHAT IF YOU DON'T RECOVER
      1. Types of Disabilities
      2. "Scheduled" Disabilities
      3. "Unscheduled" Disabilities
      4. Loss in Earning Capacity (LEC)
      5. Two Or More Disabilities with LEC
      6. Rehabilitation Bonus
      7. Continuing Medical Care
      8. Vocational Rehabilitation
    7. REOPENING
    8. REARRANGEMENT
    9. SURVIVOR'S BENEFITS
    10. SETTLEMENTS
      1. "Lump Sum Conversions" Through the ICA
      2. Settlement of Disputes Through an Administrative Law Judge (ALJ)
  2. PROCEDURES USED IN WORKERS' COMPENSATION CLAIMS IN ARIZONA
    1. Notice of Claims Status (NCS) and its Importance
    2. Change of Address
    3. Leaving the State
    4. Hearings Before the ICA
    5. When You Are Represented by an Attorney
  3. POSSIBLE BENEFITS IN ADDITION TO WORKERS' COMPENSATION
    1. Third Party Lawsuits
    2. Bad Faith and Unfair Claims Practices Through ICA
    3. Bad Faith As A Separate Litigation
    4. Penalty for "Willful Safety Violations"
    5. Social Security Disability In General
    6. Social Security and Workers' Compensation
    7. Americans With Disabilities Act (ADA)
    8. Family Medical Leave Act (FMLA)
    9. Other Private Health, Disability and Retirement Benefits
    10. Property Tax Exemption
  4. IMPORTANT PHONE NUMBERS
    1. Legal/Procedural Numbers
    2. Financial Aid/Assistance Numbers