Injured at work? You may be entitled to benefits and settlements under Arizona workers’ compensation law.
There are many myths and misconceptions about workers’ compensation laws in Arizona. For instance, just because a workplace accident or injury may have been at least partially your fault doesn’t mean your benefits will be denied. You are entitled to workers’ compensation as long as you were injured on the job.
Workers’ compensation pays benefits regardless of fault.
If you have been told by an employer or insurance company that you aren’t entitled to workers’ compensation benefits, do NOT give up hope. Instead, discuss your case with our experienced attorneys to find out how we can help you.
Lawyers from across the entire state of Arizona confidently refer workers’ compensation cases to us for legal advice and consultation. The Law Offices of Robert E. Wisniewski is recognized as a leader in injured workers’ compensation cases in Arizona since 1976. Mr. Wisniewski himself has litigated over 10,000 work-related injury cases at Industrial Commission of Arizona hearings all across Arizona, representing thousands of Arizona injured workers for 45 years.
Unlike other law firms, workers’ compensation is all we do – all day, every day – and we do it well.
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Injured workers in Arizona generally can’t sue their employer for a work-related injury if workers’ compensation is provided. But what about third parties?
Most injured workers cannot sue and must go through the Arizona workers’ comp system (which is an “exclusive remedy”), but there are a few rare exceptions to this rule.
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Stay informed: Read our articles on workmans’ comp resources.
Bob Wisniewski wins in Arizona’s Court of Appeals, yet again. In a hotly contested case, Wisniewski secured a favorable award for his client for loss of earning capacity benefits. The insurance company appealed, arguing that the treating psychiatrist didn’t have a “foundation” to offer an opinion on work restrictions. The Court of Appeals disagreed and ruled in favor of the injured worker.
To many, seeking workers’ compensation may seem complicated and confusing. However, if you work in Arizona and have been injured or become ill while at work, you are likely eligible to receive workers’ compensation benefits.
Arizona has a “no fault” system, so even if you placed yourself in harm’s way during work and were injured as a result, you may still be eligible to receive benefits. This means that regardless of fault or seriousness of injury, you should report a work-related injury or illness to your employer immediately after the accident happens. Failure to report the injury may result in the insurance company denying benefits.
Below are 5 basic steps to take in order to begin your workers’ compensation claim:
- In an emergency, seek immediate medical attention as you would in any emergency situation.
- Inform your employer or boss/supervisor that you have been injured. In non-emergency situations, do this first. Don’t wait until the injury becomes more serious or wait to see if you feel better later.
- Seek care from a doctor as soon as possible and save all documents that you receive during that visit.
- File a claim with the Industrial Commission of Arizona (ICA) as soon as possible.
- Inform your employer of any limitations the doctor has placed on your work activity and follow the medical advice from your doctor.
The forms and process for filing a workers’ compensation claim can be confusing. Contact attorneys Robert E. Wisniewski or Javier C. Grajeda — all Workers’ Compensation Certified Specialists by the State Bar of Arizona — whose experience and resources will help you through the process.
What to do if you’re hurt on the job?
If your injury is job-related, you’re covered under Arizona workers’ compensation regardless of who caused the accident. Follow these steps to file a work injury claim:
Step 1: Immediately report the injury to your employer and request the claim form that the law says an employer must provide.
Step 2: Request that your employer refer you to a medical care provider.
Step 3: Do NOT speak to the insurance company representative without your lawyer.
Step 4: Call the Law Offices of Robert E. Wisniewski as soon as possible.
When do you need a workers’ comp lawyer?
- Your claim was wrongfully denied
- Your benefits were suspended
- You need to leave the state of Arizona
- You want to change doctors
- Your claim was closed without permanent disability
- You can’t return to your former job
- Your condition or symptoms worsened and you need to reopen your case
- The insurance company won’t pay or are slow in providing benefits
- You need assistance with processing your accepted claim
- You require medical care or more medical care
- You don’t trust or believe the insurance company
IMPORTANT NOTE: It is your responsibility to file your claim. Mail your completed Worker’s Report of Injury form to (keep a copy and mail certified):
Industrial Commission of Arizona: P.O. Box 19070, Phoenix, AZ 85005-9070
Arizona Social Security benefits
In Arizona, there are situations when a work-related injury, illness, disease or physical disability may qualify for Social Security benefits. However, there are many guidelines that must be followed. In fact, the Social Security Administration denies most initial claims filed by applicants who file without assistance. Social Security laws and regulations are complex and can be confusing. It’s helpful to have a skilled local attorney who is familiar with the process and who can provide assistance with the complexities.
Your finances and medical support are important to your livelihood, so it’s important that your rights are protected. Phoenix attorney Robert Wisniewski has been practicing for 30 years and understands the importance of your claim. To obtain an honest opinion of your chances of being approved for Social Security benefits, contact The Law Office of Robert E. Wisniewski to schedule your free consultation with a Social Security attorney.
Hurt on the job? Schedule your free consultation today
At the Law Offices of Robert E. Wisniewski, we offer a free initial file review/consultation from a highly experienced and knowledgeable lawyer who will take the time to answer your questions, provide information on how the law applies to your work injury case, and explain your rights at no cost. We also offer contingency fee representation, meaning you don’t have to pay us unless we win your case. Our Phoenix-based practice is devoted exclusively to helping workers get the benefits they deserve.
The clock is ticking on your case. Under Arizona’s statute of limitations, employees have just one year from the date of their injury (or from the date the injury is discovered) to report it and file a workers’ compensation claim.
Don’t spend your valuable time trying to interpret complex Arizona workers’ compensation laws. Don’t let stress and anxiety about filing a claim distract you from focusing on your recovery. Trust our experienced Arizona workers’ compensation lawyers to help you obtain the benefits you deserve.
Why hire our Arizona workers’ comp lawyers?
- We understand the special needs of an injured worker
- Trained and helpful staff
- Personal attention to clients
- Calls promptly returned
- Clients kept up-to-date on case
- State-wide service
- Aggressive & experienced representation
- Hablamos español
Mr. Wisniewski has been recognized as the premier workers’ compensation lawyer in Arizona. He is the only claimants’ attorney recognized as a Fellow of The College of Workers’ Compensation.
“It costs no more to hire the best.”
“Mr. Wisniewski is the best lawyer that I have ever had the pleasure of working with and knowing. His dedication to me as a client has been unmatched. He is kind, caring, empathetic, and genuinely concerned about others. My life was restored after working with him and I was able to heal and continue teaching because of him.” – N.A.
“I cannot say enough good things about Mr. Wisniewski. From our very first meeting, he was extremely informative, very compassionate and caring with the change in direction that took place and then, through the whole process, he and his staff kept me up to date on everything every step of the way. Bob and his staff earned this top-notch review through their hard work, honesty and diligence. I truly felt like a valued client.” – J.D.
“I hired Robert Wisniewski for my workers compensation claim. The Law Offices of Robert Wisniewski has been excellent with my claim. Bob is an awesome attorney who knows what he is doing! Bob takes his time with you and spends countless hours on your case. If you get hurt on the job call Bob. You won’t be disappointed with his service. Thank you for your hard work Bob.” – J.R.
While our main law office is in downtown Phoenix, we handle workers’ compensation claims throughout Arizona – including Yuma, Kingman, Payson and Flagstaff.