At Palmer Law Offices, P.C., we specialize in uninsured employer defense to protect your business from costly workers’ compensation claims. If your company is facing a situation where an employee has been injured and you lack workers’ comp insurance, it’s crucial to have experienced legal representation. Our experience helping thousands of injured workers and knowing how to deal with the Industrial Commission of Arizona’s Special Fund gives our attorneys at Palmer Law Offices the upper hand when defending our client’s in work comp claims who have no workers’ compensation insurance.
Whether you’re facing an employee claim or dealing with regulatory consequences, we are here to guide you through every step of the process. Contact us today to discuss your options and ensure that your rights as a business owner are fully protected.
If a workers’ compensation claim is pending against your business, Palmer Law Offices, P.C., can help to work quickly and efficiently in an effort to protect your business. Our office handles workers’ compensation defense cases for uninsured employers who would lose significant business and personal assets without representation. Our experience helping thousands of injured workers and dealing with the Industrial Commission of Arizona’s Special Fund gives our uninsured employer defense the upper hand when defending our client’s claims.
Adam Palmer and the attorneys at Palmer Law Offices will investigate the claim of the employee while determining if the employer is in fact uninsured. In some cases, we are able to discover insurance or help determine why coverage should have been established. If an uninsured business does not higher a workers’ compensation defense attorney for a claim against them by an alleged employee in a timely manner, they may lose their ability to defend themselves at all. The potential cost and penalties for a business with no insurance not hiring a work comp defense attorney and allowing the claim to either be accepted or litigated through the Industrial Commission of Arizona can be much higher than a business would incur if they had a comp defense lawyer. Many of the clients our Firm represents are small businesses and sole proprietorships in construction, painting, framing, and other professions. With proper legal assistance from uninsured employer defense attorneys like Palmer law offices it is often possible to minimize and sometimes eliminate the pending penalties and workers’ compensation benefits a business would have to pay for not defending against a claim an alleged employee has filed.
Arizona Workers’ Compensation laws require that all employers, who regularly hire workers in its customary business, are required to carry workers’ compensation insurance regardless of the number of workers they have, whether those workers are part-time, full-time, minors, undocumented, or family members. This ensures that if an employee is injured, disabled, or killed in the workplace, compensatory benefits are available to the employee or his/her survivors. Workers’ compensation is not the same as liability insurance, which provides coverage in the event of a non-employee injury on the premises, or medical insurance, which only covers medical bills for non-work-related conditions. If an employer does not have workers’ compensation insurance and is not self-insured as required by law, and a worker is injured during the course and scope of his employment, the employer is classified as an “uninsured employer.”
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 course of 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:
When an injured worker files a workers’ compensation claim against an uninsured employer, the Special Fund Division/No Insurance Section of the Industrial Commission of Arizona will assign an attorney to represent the Special Fund. Many uninsured employers believe that these attorneys represent their interests, but that is not entirely true. These attorneys represent the Fund’s interests, not necessarily the interests of the uninsured employer. When uninsured employers do not hire separate legal counsel, they are in many ways unrepresented in the workers’ compensation litigation.
Palmer Law Offices does not represent the Fund. It represents businesses like yours, that have no workers’ compensation insurance, but they are one of very few workers’ compensation attorneys with the level of expertise, the willingness to handle, and the ability to successfully defend and/or reasonably resolve claims on behalf of uninsured employers.
Failing to carry workers’ compensation insurance carries grave consequences for employers whose employees are injured on the job. Employers who violate the Arizona Workers’ Compensation Act by failing to have workers’ compensation insurance can face fines and/or imprisonment. Under A.R.S. §23-932, failing to maintain workers’ compensation insurance is a Class 6 felony. In addition to criminal liability, an uninsured employer may be assessed a civil penalty of $1,000.00 for failure to obtain workers’ compensation insurance, whether or not an employee files a workers’ compensation claim. The penalty is increased to $5,000.00 for a second instance of being uninsured and $10,000.00 for a third offense. Since the State must pay the claims for uninsured employers through the Special Fund, the Fund will seek reimbursement from the uninsured employer for any benefits paid to the injured worker plus a penalty of 10% of the benefits paid or $1,000.00, whichever is greater. Call our office today for a free consultation and let us help with your uninsured employer defense and protect your assets.
Workers’ compensation in Arizona is a system designed to provide benefits and protections to employees who sustain work-related injuries or illnesses. It is a type of insurance that employers are required to carry to cover medical expenses, lost wages, and other related costs incurred by employees due to work-related injuries or illnesses.
1. Coverage: Most employers in Arizona are required to provide workers’ compensation coverage for their employees. This includes both full-time and part-time workers, with a few exceptions such as independent contractors.
2. Benefits: Workers’ compensation benefits in Arizona typically cover medical treatment, including doctor visits, hospitalization, medication, and rehabilitation services. It also provides wage replacement benefits, including temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, and permanent total disability benefits. In cases of work-related fatalities, death benefits may be provided to the dependents of the deceased worker.
3. No-Fault System: Arizona’s workers’ compensation system follows a “no-fault” principle, meaning that benefits are generally provided regardless of who was at fault for the injury or illness. In most cases, employees are eligible for benefits even if they contributed to their own injuries.
4. Time Limits: There are specific time limits for reporting work-related injuries or illnesses in Arizona. Generally, employees must report the injury to their employer within one year, and they have one year from the date of the injury or the date of the last authorized payment of compensation to file a claim with the Industrial Commission.
5. Dispute Resolution: Disputes regarding workers’ compensation claims may arise between employees, employers, and insurance companies. In Arizona, these disputes are typically resolved through the workers’ compensation administrative process, which may involve mediation, hearings, and appeals.
It’s important for both employers and employees to understand their rights and responsibilities under Arizona’s workers’ compensation system. For specific details and guidance regarding a particular situation, it is advisable to consult with an attorney or the Industrial Commission of Arizona.
Workers’ compensation benefits are designed to provide financial support and medical care to workers who suffer job-related injuries or illnesses. The specific benefits available may vary depending on the jurisdiction and the individual circumstances of the case. However, here are some common types of workers’ compensation benefits:
Slip and fall injuries
Slip and fall accidents are common in many workplaces, including offices, retail stores, restaurants, and construction sites. These accidents can result in fractures, sprains, strains, and head injuries.
Overexertion injuries:
Overexertion injuries often occur in physically demanding jobs such as construction, manufacturing, and agriculture. These injuries can include muscle strains, back injuries, and joint problems.
Repetitive strain injuries (RSIs):
Jobs that involve repetitive motions or prolonged periods of sitting or typing can lead to RSIs. Conditions like carpal tunnel syndrome, tendonitis, and bursitis are common examples of RSIs.
Machinery and equipment accidents:
In industries like manufacturing, construction, and agriculture, workers can suffer injuries from machinery and equipment accidents. These accidents can cause amputations, crush injuries, and lacerations.
Vehicle accidents:
Workers who operate vehicles as part of their job, such as delivery drivers, truck drivers, and construction equipment operators, are at risk of vehicle accidents that can result in severe injuries.
Falling objects:
In construction sites and warehouses, falling objects pose a significant risk. Workers can suffer head injuries, fractures, and other serious injuries if struck by falling tools, equipment, or materials.
Burns:
Workers in industries such as manufacturing, construction, and food service may be at risk of burns from hot surfaces, chemicals, or electrical equipment.
Toxic exposure:
Some workers may be exposed to harmful substances such as chemicals, asbestos, or fumes, which can lead to respiratory problems, skin conditions, and long-term health issues.
Electrical accidents:
Electricians and workers in industries where electrical equipment is used are at risk of electrical shocks, burns, and electrocution if proper safety measures are not followed.
Workplace violence:
Although not exclusive to Arizona, incidents of workplace violence can occur across various industries, including healthcare, retail, and customer service sectors. Assaults or injuries resulting from altercations with coworkers, customers, or clients can happen.
