Workers' Comp | Statute of Limitations

Don’t Wait To File Your Claim

You want to be sure that you take all of the necessary steps in filing your workers’ compensation claim, so you do not lose your rights to workers’ compensation benefits. Injured workers have a limited time to file a claim for a work related injury. Many times, injured workers across Arizona are unable to file workers’ compensation claims because they simply wait too long.

A statute of limitations is a legally established deadline for filing a claim with an administrative agency or court. The deadline is intended to promote fairness to all parties involved in the legal process (i.e. the injured worker, employer, judge, insurance company, and lawyers).

The statute of limitations for filing your workers’ compensation claim in Arizona is one year from the date you were injured or became aware of your injury or disease. If the signs of the injury or symptoms of the disease occur after the event itself, the statute of limitations begins to run when you discover the injury or when your doctor diagnoses the disease. This happens when:

• The symptoms of a disease do not present themselves until years after exposure. For instance, certain types of cancer caused by contact with toxic chemicals may take years to develop or even be diagnosed by your doctor.

•  A repetitive stress injury resulting from performing the same movement over, and over again during the life of your working career develops progressively. Many times, it is not obvious until the disability is irreversible and severe. These stress injuries are often seen in factory workers, people who use a keyboard constantly, and construction work.

• Damage to an internal organ that is not immediately noticed. This may be the case with a brain injury that shows no outward signs, but is present as headaches, memory loss, and cognitive impairment over time.

If you fail to file your claim by the one-year deadline, you run the risk of losing your right to workers’ compensation benefits for your injury. Furthermore, unless your claim meets one of the rare exceptions, you do not have the right to sue your employer in civil court to collect damages.

THINGS TO REMEMBER:

• Promptly notify your employer of your worksite accident or job-related illness.

• Be aware that you should receive a letter from the Industrial Commission of Arizona within 14 days of the date the incident was reported, informing you that the insurance company has been notified of your claim.

• Your employer’s insurance company has 21 days from the date it receives notification from the Industrial Commission of Arizona to either accept or deny your claim.

• You have 90 days to protest a denial of your claim.

Do not miss the statute of limitations when filing your workers’ compensation claim. Consult with a qualified attorney in good standing with the Arizona State Bar as soon as possible.

Roger A. Schwartz, Esq.

Taylor and Associates, PLLC was founded in 1975, as a workers compensation law firm based on the belief that injured workers throughout Arizona should be represented with compassion and integrity. For more than 35 years, we've provided help with claims for workers compensation, personal injury, and Social Security. For your convenience, Taylor and Associates services the entire state of Arizona.

Contact us at help@injuredworker.com or by phone at 1-800-358-CATS (2287) for your FREE consultation today.

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.

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.