4 commonly asked questions about arizona workers' compensation answered

If you have an injury at work, you have the right to seek reimbursement for your losses from your employer's workers' compensation insurance. This is your first option for getting compensation for your losses, and it can pay for your hospital and medical expenses and the wages you'll lose while recovering. However, the process can be complicated, so we have answered some commonly asked questions about Arizona workers' compensation.

Are you eligible for reimbursement if you were partially to blame?

There are several possible scenarios where you could be somewhat or even entirely to blame for becoming wounded at work in Arizona. Any Arizona workers' compensation attorney will tell you that there is an exception if you purposefully cause your injury. However, you still qualify for some benefits in Arizona, which is good news.

Can you be fired if you file a workers' compensation claim?

You might, but not in the system for workers' compensation. You don't always have a claim under the workers' compensation system if you are fired and your employer claims you are not available for employment. While your employer might still be obligated to cover your benefits and medical costs, they are not required to keep a position open for you if you cannot perform the work.

Nevertheless, additional laws can shield you from harm, in addition to workers' compensation. Both state and federal legislation exists but is specific to employment. Your lawyer may guide you better when it comes to this. They can find out if any of these apply to you so that they can protect your employment or provide you with additional compensation for being fired or laid off on top of your workers' compensation payments.

What if an existing injury aggravated the work-related injury?

You are still eligible to get payments from workers' compensation if you already have a pre-existing ailment. When a claimant has a pre-existing condition, some insurers may quickly refuse the claim because they believe this will lower the benefits they have to pay. However, the usual rule is that only illnesses and injuries related to employment are eligible for workers' compensation benefits, so engaging a lawyer in such a case is critical to navigating the challenges.

Can I sue my employer or coworkers who caused my injury or illness?

In Arizona, people who have been hurt at work frequently ask themselves this question, mainly if their employer is someone they don't like and may have done something like neglect specific equipment. You could not sue your boss in Arizona even if there were carelessness or another similar situation. Arizona's workers' compensation system shields the employer from being sued; therefore, you cannot sue another employee there.

In return, they provide a workers' compensation system where you are not even required to establish fault. You will still receive benefits even if the employee is at fault. There are a few exceptions to this rule. Consider the scenario where your employer or a coworker purposely hurt you. In such a case, you could have the option of suing the employer in addition to receiving your benefits.

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