Legal Question in Workers Comp in Arizona

Re: personal/work injury

Delaying the reporting/filing of a workers' compensation claim is always risky, but especially so when you've already had surgery. The industrial carrier will (rightly) object that they had no opportunity to investigate, have you examined regarding causation, or get a second opinion regarding the need for surgery. Underlying all that is the fact that you apparently have health insurance, and some judges tend to see that as sort of a win-win situation, with you getting your surgery and most bills paid, and the workers' comp carrier getting off the hook.

For a case like yours, you'll almost certainly have to go to court to let a judge decide. There will be credibility issues regarding the accident and reporting. Your doctors' records will be closely examined, and so will you! It is best to have a lawyer during this kind of litigation, but your ability to hire one on a contingency (percentage of recovery) basis will depend on the facts of your case. Factors I consider in taking on a case like yours include a complete review of the records, an analysis of how much compensation you are due (and might be in the future), and an assessment of your probability of success.

Please feel free to call my office for a no-obligation interview with my assistant to get that process started.