As a result of Arizona Senate Bill 1403, which took effect Sept. 24, the Arizona workers' compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives a written notification of an injury from an injured employee who intends to file a workers' compensation claim.
Upon receipt of such notice, the insurance company and/or a self-insuring employer must forward the written notification to the Industrial Commission of Arizona (ICA) within seven business days and inform the employee of the employee's requirement to file a claim under A.R.S. § 23-1061(A) with the commission. The new form for the insurance company and/or a self-insuring employer to file such a written notification should be available on the ICA website. A failure to report by the insurance company and/or the self-insuring employer may result in relieving the injured workers of their requirement to file the claim within one year under A.R.S. & 23-1061(A).
It is important to note that this new statute also applies to existing injuries where the injured worker has not yet filed a claim. Interestingly, the statute does not define the phrase "intends to file a claim for compensation."
If workers suffer work-related injuries and inform the employer that they need to file for benefits or seek medical care or compensation for lost work time related to the injuries, the employer may want to consider viewing such statements or actions as an intent on the workers' part to file a claim.
Chuck Keller is an attorney with Snell & Wilmer in Phoenix. © 2022. All rights reserved. Reprinted with permission via Lexology.
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