Legal Question in Workers Comp in Arizona
I injured myself on the job 1 year ago. My employer filled out all of the paperwork associated with the claim. Now, the hospital where I was treated is telling me I owe for the treatment provided because my employer filled out the paper work incorrectly and is now out of business. Am I responsible to pay the medical expenses?
1 Answer from Attorneys
An injured workers bears the legal responsibility for filing his/her own claim with the Industrial Commission of Arizona. Generally you have one year to file your claim. Your employer's completion of paperwork is not enough. You must file an actual claim form with the Industrial Commission (www.ica.state.az.us).
Your year might be extended if you can show that you relied, to your detriment, on your employer's representation that they had filed your claim and were covering your expenses, but a year is an awfully long time to make that argument. (Did the hospital really not bill you until now?)
The employer being out of business does not matter. If they had insurance on your date of injury, their carrier is the one to accept/deny your claim. If they had no insurance, the Industrial Commission Special Fund, No Insurance Section, will act in place of an insurance company and accept or deny your claim.
You may wish to consult with an attorney who specializes in workers' compensation law in order to explain all the facts and get a more-accurate opinion than I can give here.