Q: What if you are hurt at work and your employer doesn't have workers comp insurance?
A: If your employer does not have insurance you are allowed the option of suing directly or filing a claim that will be processed at the Industrial Commission of Arizona (ICA) Special Fund, No Insurance Division. The question will be if you in fact were an employee and not what could be considered an independent contractor, and the decision will depend on the exact details of your relationship with the other company. There are certain advantages to not filing a workers' compensation claim if the company you were working for actually has insurance that will cover the claim or has assets from which you can collect. There will be a very very long delay in any recovery, and if you really were an employee the Special Fund will start paying generally much more quickly. This is not a place to make that final decision and you can contact me directly if you would like to discuss your options. Direct telephone number 602-687-9211, and I will be in and out of the office even though this is a holiday weekend. Thank you
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