WHAT IF MY EMPLOYER DOESN’T HAVE WORKERS COMPENSATION INSURANCE WHEN I GET INJURED?

WHAT IF MY EMPLOYER DOESN’T HAVE WORKERS COMPENSATION INSURANCE WHEN I GET INJURED? 

By Founding Partner/Attorney Chad Snow

Snow, Carpio & Weekley

Arizona law requires all employers to carry a policy of workers compensation insurance to cover any employees who are injured on the job.  In some instances, employers fail to comply with this law and their workers’ pay the price.

Luckily, the framers of the Arizona workers compensation act foresaw this unfortunate circumstance and created the special fund division – no insurance section at the industrial commission.  The Special Fund division is funded by surtax on all work comp premiums paid in the state and is a division of the ICA.

When a worker is injured while in the employ of an employer who fails to carry work comp coverage, the no insurance section acts as if they were the insurance company, pays the claim if appropriate (compensation and medical benefits), and then pursues the employer for reimbursement of the costs of the claim, plus a penalty for not having carried insurance.

Unfortunately, the special fund division is not subject to many of the same claims processing requirements that private insurance companies are, so injured workers receiving benefits through them often have to wait much longer to get paid or get medical treatment authorized and don’t have some of the same remedies available as those covered by a private carrier.

If your employer didn’t carry work comp coverage at the time of your injury, call the workers compensation attorneys at Snow, Carpio, & Weekley, and we can help you file a claim through the special fund division – no insurance section.

For more information on Workers' Compensation or Social Security Disability, please contact Snow, Carpio & Weekley toll-free at 855-325-4781 or visit our website at www.workinjuryaz.com. We serve the entire State of Arizona and have offices located in Phoenix, Tucson, Yuma and Lake Havasu City.