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Arizona Workers' Compensation Laws: Benefits, Deadlines, and Your Rights

By Recording Law Editorial Team7 min read
Arizona Workers' Compensation Laws: Benefits, Deadlines, and Your Rights

Frequently Asked Questions

Is workers' comp required in Arizona?

Yes. Arizona law requires all employers with at least one employee to carry workers' compensation coverage. Employers may use a private insurer, the State Compensation Fund, or approved self-insurance. An employer that fails to comply loses the exclusive-remedy protection and can be sued directly by an injured worker.

How long does workers' comp last in Arizona?

Medical benefits continue as long as treatment is reasonable and necessary for your work injury. Wage-replacement benefits for temporary total disability continue while you are unable to work, subject to ICA review. Permanent disability benefits are calculated based on the degree of impairment and can continue long-term. The ICA reviews the status of claims at intervals and either closes them or continues benefits based on medical evidence.

How much does workers' comp pay in Arizona?

Temporary total disability benefits are paid at 66 2/3% of your average monthly wage, subject to a maximum set by statute. Arizona calculates benefits on a monthly basis rather than a weekly figure. Because the maximum is periodically updated, you should check with the ICA or your claims administrator for the current figure.

Can I be fired while on workers' comp in Arizona?

Arizona does not have an explicit workers' comp anti-retaliation statute, but firing an employee specifically because they filed a workers' compensation claim can give rise to a wrongful termination claim under Arizona public policy. Additionally, federal laws such as the Americans with Disabilities Act may provide protections if your injury constitutes a disability. Consult an employment or workers' comp attorney if you believe you were terminated in retaliation.

Can I choose my own doctor in Arizona?

Your employer or its insurer may direct you to one initial medical examination. After that first employer-directed exam, you have the right to choose your own treating physician for continued care. If a dispute arises about the change in provider, you can petition the ICA for review.

How long do I have to file a workers' comp claim in Arizona?

You must file a written claim with the ICA within 1 year of the date of injury or within 1 year of the date the injury became manifest (for occupational diseases or gradually developing conditions). Arizona's 1-year deadline is among the shortest in the country, so file as soon as possible rather than waiting.

Can I sue my employer after a work injury in Arizona?

Generally, no. Workers' compensation is the exclusive remedy against your employer for a work-related injury. You give up the right to sue in exchange for guaranteed no-fault benefits. Exceptions include: your employer acted with specific intent to injure you; your employer failed to carry required coverage; or a third party (not your employer) contributed to your injury, in which case you may pursue a separate third-party tort claim.

Injured in Arizona? Get a free case review from a personal-injury attorney

If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Arizona personal-injury attorney. Most work on contingency, so there is no upfront cost.

Sources and References

  1. Industrial Commission of Arizona (ICA) — official workers' comp agency(azica.gov).gov
  2. Arizona Revised Statutes, Title 23 (Workers' Compensation), A.R.S. 23-901 et seq.(azleg.gov).gov
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