Employers are statutorily required under Arizona law to obtain and maintain workers’ compensation insurance for all employees. Workers’ compensation insurance is not required for an independent contractor, or a worker whose employment is both casual and not in the usual business of the employer. Also, workers’ compensation insurance is not required for a domestic servant who works in your home. But it is often unclear who is an employee. Many times, employers assume that a worker is an independent contractor, not an employee. The difference between an employee and an independent contractor is not always clear, but the attorneys at Palmer Law Offices will fight vigorously on your behalf to ensure that you are not held responsible for paying an improper claim.
For uninsured employers who are otherwise unable to avoid liability, an attorney can assist in building a defense through the most cost-effective means. After meeting with an attorney to discuss exposure and expectations for defense costs, an attorney can counsel the employer as to what defense is most likely to result in the lowest overall exposure and what the employer can do to minimize defense costs. There are several defenses that can be raised to show that an employer was not required to maintain insurance and, therefore, is not liable for workers’ compensation benefits.
These defenses include:
- There was no actual work accident
- The employee did not sustain an actual or compensable injury
- Another employer is liable, for example, in situations where contractors and subcontractors are working together on a single project
- The employer’s workers are independent contractors, not employees
- The employer is not required to carry workers’ compensation insurance
If you are worried about how a workers’ compensation claim could affect your business, talk to an Arizona uninsured employer defense attorney at Palmer Law Offices. We are the premier workers’ compensation uninsured employer defense attorneys in Arizona and we have a history of resolving legal matters for our Clients successfully through utilizing aggressive defense strategies. We can counsel you throughout this process so you can get your company on the right legal track and save your business. Call us today at 602-277-2007 or contact the Firm