1. Why do I need to file a claim when my employer said he would do this for me?
By law, you must file your workers' compensation claim yourself; your employer cannot do this for you.
2. Can I sue my employer if my employer's negligence caused my injury?
If you are injured at work, workers' compensation is your only remedy; you cannot sue your employer for damages.
3. Will I be compensated for pain and suffering?
Since workers' compensation is a no fault system, nothing is paid for pain and suffering.
4. Can I recover workers' compensation for my low back injury when I had previously hurt my low back?
Often, Arizona law provides compensation for an aggravation (worsening) of a pre-existing (prior) condition.
5. Can I be fired while I am receiving workers' compensation?
Often, yes. Arizona law does not require an employer to hold a job open for a worker who is recovering from an industrial injury.
6. Must my employer give me light work?
An employer may, but is not required to, offer you a lighter job.
7. Can my doctor tell me which doctor to treat with?
You are free to choose your treating physician unless your employer is self-insured.
8. Can I change doctors without any problem?
A change of physicians requires either written consent of your attending physician, permission of the insurance carrier or approval of the Industrial Commission.
9. Can I leave Arizona while under doctor's care without any problem?
You cannot leave Arizona for more than two weeks while receiving active medical care without insurance carrier or Industrial Commission approval.
10. If I can't do my former work, must the insurance company retrain me?
Vocational rehabilitation (job retraining) may be offered by the insurance company but is not mandatory.
11. Will returning to work hurt my case?
In virtually all cases, refusing suitable work after a doctor's release to light or regular work will harm your case.
12. Since my doctor hasn't released me, can the insurance company close my case?
The insurance company may, and often does, attempt to close a case based on a report by a doctor it has selected to examine you.
13. Can the insurance company close my case even if I didn't sign anything?
An insurance company can close your case by issuing a written notice of claims status, which becomes binding on you if not protested within 90 days.
14. Will I get a "settlement" if I have a permanent injury?
Sometimes, but compensation is generally paid every two weeks or monthly.
15. How can I fight the insurance company?
By retaining a lawyer who specializes in workers' compensation you can fight the insurance company on even terms.
16. Do I need a lawyer at my hearing; will the judge protect my rights?
The judge's job is to be impartial, not to protect your rights. A judge cannot favor either you or the insurance company. The insurance company will always be represented by a lawyer, so you need to be also.
17. Can I afford a lawyer?
Most workers' compensation cases are handled on a contingency (percentage) basis. You pay no legal fees unless you are successful.