Many Arizona residents are familiar with workers’ compensation. Just about anyone who has worked in any type of work environment has likely been exposed to the concept. Sometimes an employer notifies an employee directly of what their rights are regarding workers’ compensation, sometimes there is a sign outlying their rights. However, many might not decide to learn the ins and outs of workers’ compensation until they themselves are injured in a workplace accident. When this happens, they may turn to an attorney to help discover what their rights are.
It is important to note that employers have certain responsibilities when it comes to workers’ compensation. In Arizona, just about every worker is covered under workers’ compensation laws. Employees not covered include those who are considered casual employees, those not in the usual course of a trade, and independent contractors. Every other employee should be protected under workers’ compensation laws. Employers are required to post notice of compliance with workers’ compensation laws, immediate medical attention when an injury is suffered on the job, and provide a complete report regarding the accident.
When an employer fails to provide workers’ compensation, that employer faces often severe penalties. These include criminal prosecution and fines. What’s more, the injured employee then has the right to sue the employer. In other words, the injured worker has the option to sue rather than pursue benefits. The employer, then, if found liable, may have personal liability for any workers’ compensation owed to the employee.
Sometimes, an employer will fail in their workers’ compensation responsibilities. This might mean discriminating against an employer for filing workers’ compensation or failing to have workers’ compensation at the time the employee was injured. When it is suspected that an employer has failed in its duties, legal action may become appropriate. Attorneys can help protect the right of injured workers and help fight for the workers’ compensation benefits that they may be owed.
Source: FindLaw, “Workers’ Comp: Employers’ Responsibilities,” accessed on Dec. 14, 2015