In this article, our Arizona insurance bad faith lawyer will dispel a few common misunderstandings associated with Arizona’s workers’ compensation laws as they pertain to insurance bad faith. Most importantly, you need to understand that the Arizona Workers’ Compensation Act was supposed to create a no-fault compensation system. Any covered employee under the act who is injured or killed in an employment-related activity has a right to compensation under Arizona law.

That employee (or if killed in a work accident, then his or her dependents) “shall be entitled to receive and shall be paid such compensation for loss sustained on account of the injury or death, such medical, nurse and hospital services and medicines, and such amount of funeral expenses in the event of death…” A.R.S. § 23-1021.

Does it matter who caused the work-related accident and injury? NO!

A common misconception about workers’ compensation in Arizona is that workers who suffer a work-related injured as a result of their own negligent act or omission will be denied compensation. That is not the law! With no fault workers compensation in Arizona, anytime a covered employee is injured at work, he or she has a right to medical care and compensation without regard to blame or responsibility for the accident and injury. Furthermore, the workers’ compensation insurance company cannot offer less compensation because that worker was at fault, either wholly or partially, for the work injury.

Can you be fired for filing a legitimate workers’ compensation claim? NO!

Many employees are led to believe that, should they dare file a workers’ compensation insurance claim following their workplace injury, they can be fired. A worker could be wrongly accused of being a troublemaker, of not being a team player, of costing the company too much money, of reporting the injury too late, of filing a fraudulent claim, and so on. Some insurers will pull out all the stops in their efforts to persuade employees that they should never file a workers’ compensation insurance claim for job-related injuries. If you need assistance with the underlying workers’ compensation claim, please do not hesitate to call an Arizona insurance bad faith lawyer who can refer you to an experienced, specialized workers’ compensation attorney.

Can the insurer reject your claim without conducting an investigation? NO!

Some insurers have developed bad reputations for failing to conduct investigations and failing to fairly evaluate employees’ workers’ compensation claims. Arizona insurance bad faith lawyers assure you that every insurance company, even those involved in the handling of workers’ compensation claims, must conduct a thorough investigation and must fairly evaluate the claim. Just as the insurer is prohibited from practicing intimidation to bully a worker into accepting less compensation than he or she has a right to, the insurer cannot refuse to properly process the claim or attempt to let the case die-on-the vine through inaction and delay.

Our Arizona insurance bad faith lawyers are all too familiar with the extreme lengths that insurance companies will take to avoid paying workers’ compensation benefits. Attorney Shane L. Harward has been challenging insurance companies since 1995. As an experienced Arizona insurance bad faith lawyer, he is committed to helping his clients get what they deserve in compensation from the insurance company. As soon after the injury as possible, we encourage you to email or call us at 480.874.2918 today for a free telephone consultation. Remember – you have a powerful ally in the Law Offices of Shane L. Harward.