Filing a Workers' Comp Claim in Arizona

The employee must report the accident and resulting injury to the employer "forthwith" (right away). If the accident is not reported promptly, compensation can be denied, but the Industrial Commission may excuse the failure if it finds the circumstances justify it.

A claim must be filed in writing with the Industrial Commission within one year after the injury occurred or the right to compensation accrued. The year starts when the injury becomes manifest or when the worker knows, or reasonably should know, that a compensable injury occurred. Late filing is excused in limited cases, such as reliance on a misleading statement by the Commission, employer or insurer, or legal incapacity, and a late claim is not barred if the insurer or employer has already started paying compensation.

Report the injury to the employer right away, and file a written claim for compensation with the Industrial Commission within one year. The Commission then notifies the insurance carrier, which must either begin paying or issue a notice denying the claim.

If the insurer or Commission denies or limits a claim, the worker must file a request for hearing with the Industrial Commission within 90 days of the notice; otherwise the decision becomes final. An administrative law judge holds the hearing and issues an award. A party may file a request for review of the award within 30 days after it is served. After review, a party may ask the Arizona Court of Appeals to review the lawfulness of the award by writ of certiorari.

In Arizona the injured employee must file the workers' comp claim with the Industrial Commission of Arizona within one year after the injury occurred or the right to compensation accrued (the time starts when the injury becomes manifest). If the Commission receives notice of an injury, it sends the employee a claim form. Within ten days after notice of an accident, the employer must inform its insurance carrier and notify the Commission on Commission forms; an insurer or self-insured employer that receives a written injury notice must forward it to the Commission within seven business days and tell the employee to file a claim with the Commission.