Workers Compensation | Forthwith Reporting

In Arizona employers are required to provide worker’s compensation insurance to their employees in case of an injury on the job. If the employee is injured, he has a duty to report the injury to his employer in a timely manner. This is called “forthwith reporting.” Reporting the injury means that the injured worker needs to inform their employer that they have an injury and that it occurred doing work activities. It is usually not enough to just say, “My back hurts” without also letting the employer know it was due to work activities unless other information is available to show a “reasonably conscientious” employer that the injury was caused by work.

The duty to report the injury in a timely manner allows the employer to then investigate the accident promptly and send the injured worker for medical care before the injury worsens. The “timeliness” of the reporting is open to interpretation. If the injured worker waits to report the injury that leads to witnesses disappearing or their injury worsening then they may have prejudiced the employer and this can result in the Industrial Commission judge denying their claim.

The Commission may excuse late reporting if the delay in reporting was because the injured worker did not realize they were injured right away or did not realize that the injury was caused by work activities right away. Sometimes injuries are not readily apparent or the cause of the injury is not clear. This may be a valid excuse for reporting an injury late. Additionally, the Commission may also excuse late reporting if the applicant can show their employer was not prejudiced in their ability to provide early diagnosis and treatment or in investigating the claim.

Ben Manion, Esq.

            In conclusion, it is important to report your injury to your employer in a timely manner in order to quickly receive the proper medical care and investigation of the accident. If an accident is reported late it may be excused if the employer’s investigation was not hampered and the worker’s injury was not aggravated due to the delay in reporting. In general, the more quickly an injury is reported the better for both the employee and employer.

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.

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.

Professional Athletes and Workers’ Compensation

 Did you know that professional athletes and even some retired professional athletes may be eligible for worker’s compensation benefits?

Workers compensation is a "no fault' system of insurance that provides you with certain benefits in the event you have a job-related injury or illness. If you work as an athlete for a team, and you are injured while playing for that team, you were most likely injured at work. “No fault” means that even if you or a co-worker was negligent in causing your injury (A 300lb. 6’5’’ Linemen Tackled me), you're still covered. Depending on your circumstances, you may be eligible for:

·         Compensation for your medical expenses,

·         Temporary or permanent compensation for lost wages, and/or

·          Job retraining

Arizona workers’ compensation laws consider the following to be job related:

·         Injuries or illnesses that result in the immediate onset of symptoms,

·          Injuries or illnesses that result in delayed symptoms that may not appear for days, weeks or months after the incident,

·          Medical conditions that developed "gradually" over a period of days, months or years as a result of work-related activity,

·          Preexisting medical conditions aggravated by a specific accident at work or a "gradual" aggravation caused by work-related activities over a period of days, months or years[i]

 

THE GAME HAS CHANGED: Arizona Cardinals Fullback Must Play Out Workers’ Comp Claim On His Home Field

Workers’ compensation benefits are available in each state, but the process and potential benefits usually differ. Some states, like California, are known to have more liberal workers’ compensation laws that allow for more claims by including more categories of covered injuries and illnesses. But, because of recent decisions such as the case of McKinley v. Arizona Cardinals and California AB 1309[ii] things have changed. ^[iii]

In Arizona, it is mandatory for an employer to carry workers compensation insurance. A resident of Arizona who works for an Arizona business would file their workers’ compensation claim in Arizona. However, this has not always been the case for professional athletes.

NFL, MLB and NBA players have often sought to file workers’ compensation claims in California “including Earl Campbell, Deion Sanders and Tony Dorsett,” even when they did not live or play there.  You see, “California is one of only a handful of states to recognize cumulative trauma, a category of injuries that are incurred over time.”



Sports and Workers' Compensation

The case of the former Cardinals fullback

Dennis McKinley is a former running back with the Arizona Cardinals who played a few seasons for the team after being drafted in 1999. He filed a workers’ compensation claim in California relating to injuries he sustained while playing for the Cardinals. He was one of many NFL players to argue that the few games or practices he had in California entitled him to file his claim for wear-and-tear injuries. The Courts disagreed, citing McKinley’s contract which required his workers’ compensation claims to be brought in Arizona.[iv] At about the same time the California Supreme Court refused to hear the appeal of the McKinley case, California itself passed a new law that prevented professional athletes from other states from filing claims in California.

Workers’ compensation claims in professional sports

It appears baseball players with the Diamondbacks and football players with the Cardinals will have to bring workers’ compensation claims in Arizona or in other states where they played for the home team. Due to the physical nature of professional sports, there is no shortage of work-related injury claims made each year, and the benefits paid can be very high when you consider they are based on the player’s salary. However, there are often disputes as to whether the particular injury fits into the workers’ compensation schedule, so as to be covered. Professional sports injuries include:

·         Debilitating injuries that get worse over time and may shorten a career

·         Concussions and other neurological damage 

·         Physical injuries that force the player to miss significant playing time and also impact their future ability to perform, such as torn ligaments in the knee or a rotator cuff injury to a shoulder

If you were hurt on the job, you may have many questions regarding what steps you need to take next. The experienced and knowledgeable Arizona Workers’ Compensation attorneys with 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)

 


Dennis Kurth practices in the area of Workers’ Compensation and is a Certified Specialist by the State bar of Arizona. He graduated from Washington University School of Law in St. Louis. Dennis co-authored the 'Exclusivity and Third Party Liability' chapter of the Arizona Worker's Compensation Handbook (1992). He was a member of the Workers' Compensation Advisory Commission to the Arizona Board of Legal Specialization and was Chairman of the Advisory Commission from 1987 to 1994. Dennis has been recognized in Best Lawyers in America. In his spare time Dennis’ favorite pursuits are adventure travel, rafting, biking and hiking.

 

 












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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[i] http://www.injuredworker.com/aop/arizona-workers-compensation

[ii] http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1309

[iii] http://www.latimes.com/business/money/la-fi-mo-governor-athlete-workers-comp-20131008,0,7152629.story#axzz2wFB573Tr

[iv] “Mr. McKinley had a limited connection to California, and a forum selection and choice of law clause in the parties' employment contract.”

DENNIS MCKINLEY, PETITIONER, THE WORKERS' COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA, ARIZONA CARDINALS AND TRAVELERS INDEMNITY FOR GULF INSURANCE, RESPONDENTS., Case No. ADJ 7460656, 2013 WL 4442066 (A.F.B.R. Feb. 27, 2013)