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What should I do if my Arizona employee is injured?

  • Arizona

Things happen at even the safest workplace. If an employee has gotten injured at your business, here’s what you should do:

Here’s what to do immediately after a workplace accident.

1. Make sure your employee gets medical attention.

Call 911, or, for a minor injury, make sure transportation is available to the nearest Urgent Care facility. Follow up to ensure that the appropriate treatment is happening. This is your first priority.

2. Give your workers’ comp insurance information to the injured employee (or their emergency contact).

You’ll need to give them the name and address of your insurance carrier, your policy number, and the policy’s expiration date.

3. Let your insurance company know.

You'll need to fill out Form 0101 within 10 days (it can be completed online). You'll give it to your insurance company and to the Industrial Commission of Arizona.

Covered the big stuff? Let's look at some other things you need to know.

Who is responsible for filing an Arizona workers’ comp claim?

Your employee is responsible for filing the claim. They’ll need to file it within one year from the date of  injury (or from the date when they realized they were injured or sick from a work-related cause).

Note that they’ll automatically file a claim when they visit a physician for their work-related problem and fill out the “pink form”—the Worker’s and Physician’s Report of Injury. (If the physician doesn’t have a pink form available, your employee can fill out and submit the Worker’s Report of Injury.)

What if my employee’s claim isn’t valid?

If something doesn’t seem right about your employee’s claim, you can dispute it with your insurance carrier. After a claim is filed, you and your carrier have 21 days to accept or deny the claim. If you feel that your employee’s claim is partially or totally invalid, that’s your time to object! (If you don’t file an objection in that 3-week period, your insurance company will assume that the claim is valid.)

(Go here to see what is covered by Arizona workers’ comp.)

If there’s continued disagreement about whether a claim is valid, there will be a hearing before an ICA judge. Their judgment is considered to be final (although either the employee or employer can appeal the decision through the Arizona State Court of Appeals, if necessary).

Can I choose a doctor for my employee?

Not really. You can direct your employee to a doctor of your choice—but just for a one-time evaluation. After that, your employee has the right to go to whichever medical provider they choose.

Can your employee sue you?

Probably not—as long as you have workers’ comp. One of the big reasons that workers’ comp exists is to protect you, the employer, from lawsuits which arise from an employee injury or illness. So in most cases, your employee won’t be able to sue you. (Seriously, get a quote for workers’ comp now.)

There are some exceptions, though. If your employee filled out the appropriate form to reject workers’ comp coverage before the injury occurred, they’ll have the right to sue you in a civil court. Also, if you forgot to post the notice which advises your employees of the right to reject workers’ comp, your employees will have the right to file a lawsuit against you.

There’s another category of exceptions, too, which has to do with the legal phrase “willful misconduct.” Basically, if your employee got sick or injured because of the “willful misconduct” of you or one of their co-workers, they can still file a civil suit against you, your company, or their co-worker. (You shouldn’t panic about this, but you should use common sense. Keep an eye on what’s going on at your business and don’t overlook warning signs of bad behavior.)

What happens if an employee dies on the job?

We never like to think that the worst could happen, but sometimes it does. After notifying emergency services, you’ll have two important calls to make. One is to the ICA claims division to report the death. Their phone number is 602-542-4661.

Then, you’ll need to call the Occupational Safety and Health Administration (OSHA) at 1-800-321-OSHA to report the death. This needs to happen within 8 hours of the accident.

After you make those reports, be sure to call your insurance carrier. They’ll be able to provide you with next steps.

Have more questions? Your insurance company has done all of this before.

After your insurance carrier is notified of the injury, they'll be in touch with you soon to walk you through the rest of the process. If you have any questions about what to do after an injury—give them a ring. They are very familiar with Arizona state law and can help you figure out if there’s anything else you need to do.

Don’t have a workers’ comp policy? We can help with that. Get an instant estimate on a Huckleberry policy in less time than it takes to get a cup of coffee. Everything’s online. Everything’s easy.

Go back to The complete guide to Arizona workers’ comp or Get an instant estimate on workers’ comp coverage.


Disclaimer

All content on this page is for general informational purposes only and does not apply to any specific case, is not legal, tax or insurance advice and should not be relied upon. If you have any questions about the situation for your small business or the latest information in your state, you should contact an attorney for legal advice, an insurance agent or broker, and/or your state's labor or industry agency, board, commission or department. Please note that the information provided on this page may change at any time as a result of legislative action, court decisions or rules adopted or amended by any state or the federal government.

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