Who Is and Is Not Covered by Workers’ Compensation in Arizona?
Posted on behalf of Phillips Law Group on Mar 27, 2018 in Workers' Compensation
Workers’ compensation is a no-fault insurance system that provides compensation for lost wages and medical treatment to workers who are injured on the job.
However, Arizona has specific rules regarding which workers are covered by workers’ compensation insurance.
If you are injured in a work-related accident, it is important to know which benefits may be available to you. Do not hesitate to contact the Phillips Law Group’s Phoenix workers’ compensation lawyers for a free, no obligation consultation to discuss your claim. We will review your work-related accident and the terms of your employment to help you determine if you are entitled to workers’ compensation benefits for your injury.
Arizona law requires employers to carry workers’ compensation coverage if they employ one or more people, either part-time or full-time.
According to Arizona’s Workers’ Compensation Act, a worker can be eligible for workers’ compensation insurance as long as he or she is in service to an employer at the time he or she was injured.
This means part-time workers are also entitled to workers’ compensation benefits if they are injured while performing work-related duties.
Depending on the terms of a worker’s contract, he or she may be labeled as an independent contractor. It is important to understand that independent contractors are not employees, which means they are not entitled to the same benefits.
Therefore, employers are not legally required to provide independent contractors with workers’ compensation benefits if they are injured in an on-the-job accident.
However, many employees are often mislabeled as independent contractors and are wrongly denied workers’ compensation benefits.
To determine whether a worker is an employee or independent contractor, an attorney will consider the following factors:
- How was the worker paid?
- What level of control did the employer have over the worker?
- Who supplied the worker’s tools and equipment?
- Who determined the worker’s hours?
- Which party decided the manner in which to complete the job?
A sole proprietor is a business that is owned and operated by only one person. Because the sole proprietor of a business does not have any employees, he or she is not required to carry workers’ compensation insurance.
However, if at any point the owner of a sole proprietorship in Arizona hires a part-time or full-time employee, he or she is required to provide his or her employee workers’ compensation insurance.
Corporations and Limited Liability Companies
In Arizona, corporations are considered to be an employer and are required to carry workers’ compensation coverage.
Additionally, limited liability companies are also required to secure and maintain workers’ compensation coverage in Arizona. Employees of corporations and limited liability companies may include officers, directors, shareholders, members or managing members.
Workers’ compensation is available for state employees who are injured on the job in the course and scope of their employment.
Additionally, state employees cannot reject workers’ compensation benefits. This includes employees such as:
- Every employee in the service of the state or a town, municipal corporation, city, county or school district
- Police officers
- Regular members of a volunteer sheriff’s reserve
- Regular members of volunteer fire departments
- Public safety reserve members
- Members of the Arizona Army National Guard
- People who participate in a search or rescue operation or training operation assigned by the Division of Emergency Management
- Employees who are placed in on-the-job-training or on-the-job evaluation positions pursuant to the Temporary Assistance for Needy Families program or vocational rehabilitation program
Although, volunteers are typically not covered by Arizona’s workers’ compensation insurance, there are a few exceptions.
Under A.R.S. § 23-901, volunteer firefighters, volunteer workers of a licensed health care institution and personnel who participate in emergency management training are covered by Arizona’s workers’ compensation insurance.
Contact the Phillips Law Group for Help
If you have been injured in a work-related accident, it is important to contact an experienced lawyer for help with your workers’ compensation claim.
The Phillips Law Group’s dedicated Phoenix personal injury attorneys will review the circumstances of your on-the-job accident to determine if you are entitled to receive workers’ compensation benefits for your medical expenses and lost wages.
We will help you with your claim to help ensure it is properly filed and all requirements have been met. If your claim is denied or you are provided inadequate benefits, we will not hesitate to pursue legal action against your employer’s insurer to help you obtain the compensation you deserve.
We work on a contingency fee basis, which means you only have to pay us if we reach a fair outcome for your workers’ compensation claim.
Call or text 1-800-706-3000 to get started today.