A workers compensation claim is initiated by the injured worker filing a claim with the Arizona Industrial Commission.
Forms for doing this are available in doctors’ offices and should be filled out and signed at the first visit to a doctor or emergency room following the injury. THIS MUST BE DONE BY THE INJURED WORKER – NOT BY THE EMPLOYER. Nothing will happen until the injured worker files his claim.
About a month later the insurance company for the employer will mail a notice of claim status to the injured worker, which will indicate whether the claim has been accepted or denied, and if accepted, the earnings figure that will be used by the carrier to calculate payment of compensation. If this figure seems too low, or if the claim is denied, you should contact an attorney right away.
If at that point it appears that you have sustained a serious injury which has or will cause you to lose a significant amount of time from work, you should contact a workers comp attorney. There is seldom any reason to do so before you have received the initial notice of claim status from the insurance carrier.
Thereafter you will receive various written notices from the carrier, and sometimes from the Industrial Commission. These will notify you of the change in the status of your claim. If you do not agree, you should contact an attorney right away. All such notices will provide that they become final if not protested within 90 days.
Do not assume any notice from a carrier or the Industrial Commission is unimportant so can safely be ignored.
For experienced representation, contact the Law Office of Stephen L. Weiss today.
