Arizona worker’s compensation laws have also been designed with an objective to protect the rights and interests of both the employees as well as the employers in cases where an employee asks for compensation claiming the injured caused to him or her are work-related or have been caused by factors, which the employer is responsible for. If the claim is a genuine one, the Arizona laws ensure an appropriate amount of compensation to the injured employee. On the other hand, if it is determined that the injuries suffered by the employee are not work-related or that the employee is filing a false claim, the claim is denied. The laws also provide an option for the employer to obtain a worker’s compensation insurance policy that should cover the compensation payments wherever applicable. However, if we look at the overall laws, it can be said that the Arizona laws are in favor of the employees, as the laws prefer that the compensation must be rewarded to the employee on a no-fault basis, which means if the employee has got injured at the workplace, the compensation must be issued to the employee regardless of the fact that who was at fault – the employee or the employer. However, in order to make the best use of these laws, it is very important for the employees to be well aware of their legal rights.
Occupational Injuries Or Diseases
When it comes to understanding Arizona worker’s compensation laws, the first thing that is very important for you to keep in mind is that the work-related injuries does not always have to be caused by an accident. In many cases, the injuries or the diseases caused by the hazardous factors associated with the workplace are not visible form outside. For example, if some hazardous gases are emitting at the workplace in very small quantity, it will adversely affect the health of the workers, which will come into notice only at a later stage. Even in such cases, the Arizona laws provide protection to the employees. Once it is diagnosed that the injuries or the diseases suffered by the employee are caused by factors for which the employer is responsible for, a compensation claim can be filed. All sorts of occupational diseases are covered under the Arizona laws for workers compensation. However, the compensation is rewarded only when the employee provides all necessary documents to prove that the disease or the injuries suffered by him or her have been caused direct or indirect exposure to chemical agents at the workplace. Some common examples of occupational diseases may include colon cancer, rectal or bladder cancer, brain cancer, or mesothelioma, which are many times suffered by peace officers or firefighters.
Statute Of Limitations To File The Claim
As per the Arizona worker’s compensation laws, the claim must be filed within the statute of limitations, which is twelve months from the date of the injury or from the date when the disease or medical condition first came into notice. The victim can file the claim him or her self with the ICA (Industrial Commission of Arizona) or file it at the hospital or clinic where the medical treatment was sought initially (by requesting the physician to submit it). However, there can also be certain exceptions to the statute of limitations. There can be some specific cases, where the injured employee may be allowed to file the claim even if the one year period has passed. For example, sometimes, the injured employee is not sure about the severity of the injuries and so chooses to ignore it, but later he or she finds out that the injuries were severe ones and that he or she must file a claim. In such cases, the laws may grant him or her a period of more than twelve months to file a claim.
Reporting The Incident To The Employer
Arizona worker’s compensation laws require you to report the incident and the injuries to your employer in a timely manner. If the court finds out that the incident was not reported to the employer within the set time limit, your claim may straightaway be rejected. In such cases, the employer has the right not to make any compensation payment to you. Therefore, when you get injured, you must seek immediate medical attention, but at the same time, you must also make sure that you meet the injury reporting requirements properly. If you are not in a position to report the injuries to your employer on your own, you can ask your physician or one of your colleagues, friends or family members to do the same on your behalf. When you file the report and provide all the details to the employer, such as the date, time and place of the incident and who you think is responsible for the injuries, the employer does a thorough investigation to find out the truth. If the employer finds out that you are suffering from an occupational injury, they may take appropriate actions to ensure proper treatment to you. They may also offer certain amount of compensation on their own. If you think that the compensation that is being offered by your employer is not enough, you always have the right to file your claim with the court with the help of an Arizona workers compensation attorney.
The Liability Of The Employer
As per the Arizona worker’s compensation laws, an employer can always be held responsible to make compensation payment for occupational injuries caused to the employees. An employer may not refuse to pay the compensation by providing documents and saying that the injured employee was well aware of the possible injuries or diseases that can be caused to him or her at the workplace when he or she took the job. Likewise, proving that the injuries were caused by the negligence or fault on part of the employee also does not make a good defense. The only situation where the claim may be denied to the injured employee is when legal requirements are not fulfilled thoroughly or when it is proved that the employee is trying to get the compensation as part of a fraudulent plan.
Arizona worker’s compensation laws offer compensation to the injured employee not just to cover their medical expenses but also to cover the loss of wages or income due to the temporary or permanent inability caused by the injuries.