Legal Question in Workers Comp in Arizona
Employer claims not industrl. injury
I was going to the bathroom tripped and fell injuring my right knee. I was on the clock at the time of fall. my employer claims it is not an industrial injury because I was headed to the restroom.They are refusing to pay for my Doctor bills
1 Answer from Attorneys
Re: Employer claims not industrl. injury
Your employer is just plain wrong, but it does not matter, because they are not responsible for paying workers' compensation benefits, anyway. Arizona courts decided this question in 1976 in the case of Downes v. Industrial Commission. If you send me an email, I will send you back a copy of the text of that case.
They (should) have an insurance carrier, however, who will be smarter than they are about the law. You must file your claim. The doctor who first treated you can file a claim form (Industrial Commission Form 102) that has a place for both your report of the accident and the doctor's initial report. Alternatively, you can file your claim at the Industrial Commission, 800 W. Washington in Phoenix. You must make certain that your claim is filed with the Industrial Commission--not just the employer or insurance carrier.
For further information you can email me at [email protected] or call 602-253-1789 or 800-863-4449. Good luck.
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