Oak Ridge, TN asked in Workers' Compensation and Employment Law for Arizona

Q: If an employee sustains an injury while on the job can they chose not to file it with workers compensation?

I have an employee that was injured on the job but are refusing to allow the employer to file with workers compensation stating it was a preexisting condition and they are instead filing the claim with their own insurance. Can an employee turn down workers comp? Does this place additional liability on the company knowing the injury occurred while on the job?

1 Lawyer Answer
Joel Friedman
Joel Friedman
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The injured worker is not required to file a workers' compensation (WC) claim, and the employer does not have the authority to do so on the worker's behalf. There is no additional liability for the employer if no claim is filed, and the worker actually has up to one year from the date of the accident or knowledge of the injury to file a WC claim, so there is some uncertainty during that period of time. The worker should simply be informed that Arizona WC law recognizes aggravation injuries, when an accident or work activity worsens a pre-existing medical condition. The worker is entitled to medical and wage loss-disability benefits during any period of time that the aggravation continues and, depending on the nature of the pre-existing medical condition and the severity of the injury, that aggravation and benefits entitlement may be permanent.

We do not typically represent employers, but we are available to provide consultation and advice, at an hourly attorney fee. Please feel free to contact me at 602-687-9211 or jfriedman@cruzfirm.com, or contact your WC insurance company, for more information. Thank you

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.