Workers’ Comp and Third Party Claims

Arizona Workers’ Compensation law prevents injured workers from suing their employer or co-workers for an injury at work. Many folks assume that they are not entitled to a civil action because they are receiving workers compensation from their employer, but that it not always the case. Injured workers may be entitled to a civil action against a third party (someone other than your employer or co-worker) when the third party was responsible for causing your injury.

Although third party claims vary from case-to-case, there are general rules that need to be considered to successfully recover. These rules are important because workers’ comp may not always fully compensate the harm you have suffered, and a third party claim might be your only chance of being fully compensated.

Many rules govern workers’ compensation and third party claims. However, the rules below are some very important rules you should be aware of if you intend to make a third party injury claim for an on the job injury.

• Deadline to file claim – if you are entitled to workers’ comp benefits, the deadline for filing a claim against a third party is one year after the accident that caused the injury. Once this deadline passes, the right to file a claim is assigned to the insurance carrier. Under certain circumstances you may be able to have the claim re-assigned back to you by the workers compensation insurer, but this may not be possible in all cases. Therefore, it is very important to take the steps necessary to pursue a third party claim within the first year following the accident.

• Notice – the injured worker is required to provide written notice to the insurance carrier of their intent to bring a claim against a third party. In addition, the injured worker is also responsible for providing the insurance carrier with timely notice of all of the pleadings, and rulings regarding the status of the action.

• Settling claims – when settling a claim with a third party, you must obtain the workers compensation insurer’s written consent before settling, failing to do so may jeopardize your right to workers compensation benefits in the future.

• Settlement liens – if you settle a claim with a third party, the workers compensation insurer might be entitled to a lien against your recovery from the third party. If this is the case, the insurer is entitled to a lien against “compensation, and medical, surgical and hospital benefits.”[i] It is important to note that an insurer cannot recover for any administrative expenses or the cost of an IME (independent medical examination) from a settlement lien.

Sebastian Brugliera, Esq.

Being aware of these rules will help your chances to recover in a civil action against a third party. We understand that remembering all of the rules can be quite difficult and there may be other rules, and shorter time limits that apply in some cases. Contact Taylor & Associates to help make this difficult process as easy as can be. Our attorneys are experienced, and will assure that your claim is properly handled.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be neither formal legal advice nor the formation of a lawyer/client relationship. The information of this blog was believed to be accurate at the time that it was written.

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[i] Ariz. Rev. Stat. § 23-1023(C)

Which way does the scale tip?

If you are hurt on the job and file a workers’ compensation claim, chances are that you will have to meet with a healthcare professional to discuss your injury. It is very common that a doctor or medical examiner will ask you a series of questions to determine the level of pain you are experiencing. It is important to properly answer the questions asked by the healthcare professional because it can affect your pain management.

It is common for your doctor or medical examiner to ask you questions to help determine the amount of pain you are experiencing so they can better manage your pain. You are expected to answer the questions to the best of your ability. Doctors and medical examiners administer a very common questionnaire called the Visual Analog Scale. This questionnaire might seem simple at first, but may actually be quite difficult if you do not know how to properly answer the questions.

The questionnaire asks questions, and you are to answer the questions based on a scale (i.e. 1 to 10 or 1 to 5). Sometimes, the scale has images associated with each number. The images are very helpful because they are normally faces that are expressing levels of pain. If there are no images, there should be instructions. The instructions will most likely have a statement of an amount of pain that is associated with a number on the scale. It is important you know what the scale actually means. Below is an example of a set of instructions for a scale found in a questionnaire[1]:

Level 1 = My pain is barely noticeable.

Level 2 = My pain is noticeable with no distress.

Level 3 = My pain is disturbing but with no distress.

Level 4 = My pain causes me some distress, but I have no coping problems.

Level 5 = My pain causes me distress; I have some coping problems.

Level 6 = My pain causes me distress; I have significant coping problems.

Level 7 = My pain is starting to interfere with my ability to function.

Level 8 = My pain is causing moderate interference with my ability to function.

Level 9 = My pain is causing sever interference with my ability to function.

Level 10 = I’m unable to function at all because of my pain.

Please remember that this is only an example of what a set of instructions may look like. Also, if you are unsure of what something means in the instructions provided to you, be sure to ask your doctor.

Tom Whitley, Esq.

The questions become more difficult if there are no instructions or images provided. If this is the case, be sure to ask the medical examiner to tell you the actual meaning of the scale and numbers. Always remember to keep the instructions in mind because your answers will provide the doctor with valuable information that can alert him to changes in your condition.

If you were hurt on the job, you may have many questions regarding your injury and what steps you need to take. The experienced and knowledgeable attorneys at Taylor and Associates, PLLC are ready to answer your questions. Contact us at help@injuredworker.com or by phone at 1-800-358-CATS (2287).


Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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[1] Pain Scale document provided by Sierra Tucson.

Employee? Independent Contractor? | Know the Difference

There is a difference between being an independent contractor and an employee. Of course there are more obvious differences such as whether there are any deductions taken out from a check and who negotiates contracts, but these different classifications could also significantly affect your rights if you are injured on the job. On occasion, employers attempt to classify their employees as independent contractors because they want to avoid paying workers’ compensation insurance, taxes, and being responsible under other labor laws.

In Arizona, employers are not required to provide workers’ compensation insurance for independent contractors. That said, just because an employer tells you that you are classified as an independent contractor does not necessarily mean you are an independent contractor under Arizona workers’ compensation laws. Even if your employment contract states that you that you are classified as an independent contractor, you may still be entitled to workers’ compensation benefits in Arizona. A lot of the time, workers do not know or understand the difference between being an independent contractor or an employee. Frankly, the employers often do not know either. There is no bright line rule or one test that is used to make that determination.

In Arizona, courts will look at the situation as a whole to determine whether a worker is classified as an independent contractor or an employee under the workers’ compensation act. Courts normally consider the employer’s right to control the worker. The language of the employment contract is not the only consideration either; courts consider the facts of the individual situation. Keep in mind that courts make the determination on a case-by-case basis.

Having the status of an employee, and not of an independent contractor, is important because if you are an employee, the employer is required to have workers’ compensation insurance, which would provide you with workers’ compensation benefits. This means that if you get hurt on the job, the employer may be held responsible for the economic losses associated with your injury. An employee can recover against the employer under workers’ compensation, and usually does not have any other form of relief.

If you are considered an independent contractor, you still may be entitled to some form of relief from the employer. Independent contractors may not be entitled to workers’ compensation benefits, but are able to bring a civil action against the employer. Although the employer is not required to provide workers’ compensation insurance for independent contractors, workers can cover themselves on a

Briana E. Chua, Esq.

workers’ compensation policy. Generally, self-coverage is a good alternative for independent contractors. If you are in a situation where you have to choose between being classified as an employee or an independent contractor, consider the cost of workers’ compensation coverage before deciding.

If you were hurt on the job, you may have questions regarding the classification of your employment and what steps you need to take. The experienced and knowledgeable attorney’s at Taylor and Associates, PLLC are ready to answer your questions. Contact us at info@injuredworker.com or by phone at 1-800-358-CATS (2287).

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Harassment at Work & Filing a Claim: Should I or Shouldn’t I?

Workers' Comp in AZ | Returning to Work | Harassment Upon Returning to Work

It is completely understandable for someone to be hesitant when thinking about filing a workers' compensation claim. Many times the first thoughts in our head when we are injured at work can be: Will I lose my job? Can they fire me? Can my boss afford to pay a workers’ compensation claim? What about my upcoming retirement date (or promotion)?

You have every right to file a workers’ compensation claim after you sustain a job-related injury. If your employer refuses your claim for benefits, your employer should follow the AZ workers’ compensation rules for review. Harassing or retaliating against you is not a legal option. In fact, your employer may be held accountable for such acts under:

•        Arizona Title 23 labor laws 
•        Civil Rights Act
•        Americans with Disabilities Act (ADA)
•        Family and Medical Leave Act (FMLA)
•        Etc.

These state and federal regulations prohibit your employer from making employment decisions based upon your decision to file a workers’ compensation claim or upon your resulting disability. For example, your employer may be held liable for:

•         Firing you
•         Cutting your wages or hours
•         Re-assigning you to a less desirable shift or project
•         Passing you over for a promotion
•         Denying health insurance and other benefits
•         Tolerating harassment by your coworkers

My Coworkers Are Harassing Me!!!

Your colleagues may not have the authority to fire you, but they can make your workday miserable. Because disability harassment is unlawful, your employer may be exposed to liability for failing to stop the offending conduct.

An isolated minor incident or a one-time offhand comment is not likely to meet the threshold for harassment. However, frequent episodes or a serious event can rise to the level of harassment, as can:

•         Making cruel remarks to you about your disability
•         Cracking jokes or calling you names
•         Posting photos, drawings or other offensive depictions of your disability
•         Playing pranks based on your disability
•         Purposely interfering with your ability to perform work
•         Starting rumors that you faked your work place injury or illness

If you are the victim of workers’ compensation or disability harassment, take steps to protect yourself. Make sure you document the dates, times and details of the harassing behavior. Many times the saying “it’s not what you know, but what can you prove” (Denzel Washington as Alonso Harris in the movie Training Day) is true. Valuable evidence is crucial to prove your case in an administrative proceeding or a civil lawsuit.

Discuss your options with an attorney in good standing with the state bar, many times having an attorney at your side early in the game can make all the difference.

At Taylor & Associates, PLLC, our workers’ compensation and disability lawyers evaluate your case to determine the most appropriate course of action. We may advise you to file a complaint against your employer to the:

•         Equal Employment Opportunity Commission (EEOC)
•         Arizona Civil Rights Division (ACRD)
•         Industrial Commission of Arizona (ICA)
•         Civil court

Meet Bruce Rosenberg, Esq.

Bruce practices exclusively in the areas of Workers’ Compensation and Personal Injury. He is also a trained mediator, serving as a volunteer for the Mediation Center of Yavapai County and the Prescott Justice Court, mediating disputes of all kinds. He is a Prescott resident, serving Taylor and Associates clients across the state of Arizona. Bruce received his Bachelors degree in broadcasting from Arizona State University, before going on to receive his J.D. from the Arizona State University College of Law. Bruce is an adjunct faculty member at Yavapai College in Prescott. Bruce is a past President of the Yavapai County Bar Association and currently serves on the Board of Directors of Habitat for Humanity.

Contact Mr. Rosenberg on the web at www.InjuredWorker.com or by phone at 1-888-650-4798 for your free consultation.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Sometimes, Waiting is the Hardest Part: Social Security Disability Insurance

Sometimes, Waiting is The Hardest Part

“Lost time is never found again.” — Benjamin Franklin

Each paycheck you earn is reduced by deductions for Social Security taxes. These taxes are used to fund Social Security Retirement and Disability Insurance (SSDI) so that workers will still have steady incomes if they are disabled because of an illness or injury. The problem is that applicants in Arizona and across the country often wait so long until they finally are approved for SSDI that the bills pile up and other negative consequences occur — and the benefits of SSDI are too little, too late.

The wait time for SSDI in Arizona

The number of people applying for SSDI has increased in recent years, with about 8.9 million people currently receiving federal disability benefits. However, as reported by USA Today, there is a long backlog, with an average wait time in Arizona of more than 10 months. That leaves about 8,900 Arizona applicants waiting for their SSDI hearing, out of about 750,000 nationwide. There are many reasons for the long wait times, including:

·         Most SSDI applicants are initially denied by the local Disability Determination Services, leading to a lengthy appeals process including hearings before a judge.

·         There are many older “baby boomer” workers who are more likely to become disabled.

·         Many workers with illness that were fortunate to have work accommodations were unable to find work with accommodations after  economic recession  lay offs.

While the long wait and grueling process can take its toll, the Social Security Administration has been making strides to lessen the wait by adding staff and allowing for more electronic verification. Having a qualified Arizona Social Security attorney with you from the start is still the best option for receiving the benefits you deserve — when you need them.

Mary Kay Fowler is a Social Security disability attorney at Taylor and Associates, PLLC with more than 25 years of experience as a Registered Nurse in a variety of healthcare environments including medical-surgical, cardiovascular, and intensive care. She states, “I went to law school so I could advocate for my patients healthcare needs. Taylor and Associates allows me to do that as a Social Security Disability attorney.”



The caring and skilled Social Security disability attorneys at Taylor and Associates, PLLC work tirelessly to help clients document the medical evidence and prove you have a qualifying disability, from the initial application to appeals and hearings, if necessary.




Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.