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.

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.

Phoenix’s largest workers’ compensation law firm volunteers their services to the families of the Yarnell Hill forest fire

Taylor and Associates, PLLC: Phoenix’s largest workers’ compensation law firm volunteers their services to the families of the 19 members of the Granite Mountain Interagency Hotshot Crew of the Yarnell Hill forest fires for help on any issues for the workers’ compensation claims.

                                 
However, on December 4^th, 2013 the Arizona Division of Occupational Safety and Health (“ADOSH”) fined the Arizona Forestry Division $559,000.00 for violating workplace safety regulations which also includes $25,000.00 for each of the families of those 19 members lost that day.

In an investigation conducted by the Wildland Fire Associates, a non-profit organization, it has been concluded that (as reported in part):

·         FIRE BEHAVIOR WAS EXTREME AND EXACERBATED BY THE OUTFLOW BOUNDARY ASSOCIATED WITH THE THUNDERSTORM (which caused the fire). THE YARNELL HILL FIRE CONTINUALLY EXCEEDED THE EXPECTATIONS OF FIRE AND INCIDENT MANAGERS, AS WELL AS THE FIREFIGHTERS.

·         ARIZONA STATE FORESTRY DIVISION FAILED TO IMPLEMENT THEIR OWN EXTENDED ATTACK GUIDELINES AND PROCEDURES…

·         THE INCIDENT MANAGEMENT DECISION PROCESS FAILED TO RECOGNIZE THAT THE AVAILABLE RESOURCES AND CHOSEN ADMINISTRATIVE STRATEGY OF FULL SUPPRESSION AND ASSOCIATED OPERATIONAL TACTICS COULD NOT SUCCEED…

·         RISK MANAGEMENT WEIGHS THE RISK ASSOCIATED WITH SUCCESS AGAINST THE PROBABILITY AND SEVERITY OF FAILURE. ASFD FAILED TO ADEQUATELY UPDATE THEIR RISK ASSESSMENT …^[i]  

As a result of the investigations, the Arizona State Forestry Division (“ASFD”)has been cited for violating A.R.S 23-403 (A) “Willful Serious”, an Arizona OSHA statute

The [ASFD] did not furnish each of [the firefighters] employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to their [firefighters]…. [Furthermore], When the ASFD knew that suppression of extremely active chaparral fuels was ineffective and that wind would push active fire towards non-defensible structures, firefighters working downwind were not promptly removed from exposure to smoke inhalation, burns, and death.^[ii]

 And, A.R.S. 23-418.01 the“[a]dditional penalty for willful or repeated violation causing employee permanent disability or death covered by workers' compensation….” The additional penalty spoken of is $25,000.00 which is to be given to the dependents of the fallen firefighters or the estate of those that died, who did not have dependents.

For the full press release click here.

Arizona firefighters are a vital part of our community. They risk their lives day in and day out to protect our homes, our families, and us. Serving Arizona’s injured workers since 1975, Taylor and Associates, P.L.L.C. currently works closely with many fire departments and individual firefighters and is offering free representation for those families affected by the Yarnell fire on any worker compensation claims. 

Our attorney Weston Montrose, a certified workers’ compensation specialist by the State Bar of Arizona, was previously a staff attorney for the Arizona Industrial Commission and has prosecuted O.S.H.A violations for Arizona Division of Occupational Safety and Health (“ADOSH”).

Procedure= settlement possibility, hearing before Industrial Commission of Arizona (“ICA”) Administrative Law Judge (“ALJ”), appeal to OSHA review board.

                                                                                                                                                       Contact: Taylor and Associates, P.L.L.C at www.injuredworker.com or by phone at 1-800-358-2287

---

[i] O'Brien, Dan, Elizabeth Anderson, Barry Hicks, Dave Larsen, and Darrell Schulte. United States, Arizona. Arizona Division of Occupational Safety and Health. Granite Mountain IHC Entrapment and Burnover Investigation: Yarnell Hill Fire - June 30, 2013. Wildland Fire Associates, 2013. Web.

[ii] Industrial Commission of AZ Division of O.S.H.A. Citation and Notification of Penalty, Inspection No. L3419-317242683, Issuance Date: 12/05/2013.

Attorney Advertising. This blog 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. 

In Arizona, You Can Tape-Record Your Independent Medical Examination ("IME")

Workers’ Compensation Insurance Carrier Suspension: In Arizona, You Can Tape-Record Your Independent Medical Examination (“IME”)

On Nov. 20, 2012, an Arizona court decided whether a workers’ compensation insurance carrier could suspend an injured worker’s benefits for obstructing an independent medical examination (“IME”) because the injured worker stated she was going to tape-record (audio) the examination.

An independent medical examination is simply when a medical professional (usually selected by the insurance carrier) who has not previously seen the injured worker as a patient examines the injured worker.

The issue was brought before the court because Arizona law states that “[i]f the employee refuses to submit to the medical examination or obstructs the examination, his right to compensation shall be suspended until the examination has been made, and no compensation shall be payable during or for such period.”[1]

 The court concluded that a “claimant, who expressed an intention at [the] beginning of [an] independent medical examination (IME) to tape-record the IME, without having made any prior communication about recording it, did not commit a “wrongful act” constituting obstruction of IME”[2]

What does this mean?

 As an injured worker who is seeking to receive workers’ compensation and who is asked to see a doctor to have an IME performed, you can tape record the independent medical examination using an audio recorder.

Why is this important?

The Kwietkauski holding specifies that when you express “an intention at the beginning” of your IME to tape-record the examination, that recording cannot be said to be a “wrongful act” constituting an obstruction.[3] Many cases in Arizona have further stated that “benefits may not be suspended in the absence of a wrongful act by the employee.”[4] You as the injured worker “must ‘volitionally’ (consciously) refuse to attend or obstruct the IME.

What if the IME physician does not allow the tape recording?

Under Arizona law, you have a legal right to audio record your independent medical examination. If the IME physician refuses to allow you to record the examination, he may, “[b]ut a doctor’s policy or preferences [do] not trump [your] right to record [your] IME.”[5] Just remember that the doctor does have the right to say no to the recording or refer you to another physician.

When do I seek counsel from a licensed and competent attorney in good standing with the state of Arizona?

A medical examination can sometimes be an overwhelming experience and not knowing what you can and cannot do only adds to the pressure. As an injured worker you want to be sure that you take all the right steps to ensure your rights are secured so that you can receive the medical care you deserve. The counsel of a competent attorney certified by the State Bar of Arizona as a workers’ compensation specialist is a great way to ensure that you get all your questions answered so that you are able to boldly move forward toward achieving your desired legal goal.

Meet Benjamin F. Manion, a Certified Specialist in Workers’ Compensation by the State Bar of Arizona at Taylor and Associates, PLLP

Benjamin F. Manion is a certified specialist in workers’ compensation by the state bar of Arizona with over 10 years’ experience as a licensed attorney. Mr. Manion is fluent in Spanish and a graduate of Arizona State University.

Contact Mr. Manion on the web at www.TaylorandAssociates.net 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.

---

[1] Ariz. Rev. Stat. Ann. § 23-1026 (C) (2012)

[2] Kwietkauski v. Indus. Comm'n of Arizona, 231 Ariz. 168, 169, 291 P.3d 365, 366 (Ariz. Ct. App. 2012)

[3] Id.

[4]Edmunds v. Indus. Comm’n, 126 Ariz. 486, 487, 616 P. 2d 946, 947 (App. 1980); Garza v. Indus. Comm’n, 17 Ariz. App. 525, 530, 498 P. 2d 599, 604 (1972).  

[5] Kwietkauski v. Indus. Comm'n of Arizona, 231 Ariz. 168, 169, 291 P.3d 365, 366 (Ariz. Ct. App. 2012)