Can I Sue My Former Company for Workers’ Compensation Benefits?

Can I Sue My Former Company for Workers’ Compensation Benefits?

An injury sustained in the workplace can cause severe discomfort, render you unable to work, and necessitate costly medical attention. Arizona’s workers’ compensation program can assist in compensating for medical expenses and missed wages.

Notifying your employer is typically the first step in filing a claim for workers compensation benefits for pain and suffering. But what if you have a claim to make against a former employer? If you meet the requirements, you can claim against a former employer in Arizona.

The benefits of filing a claim for workers’ compensation against a former employer are discussed.

Most injured workers in Arizona can seek workers’ compensation payments under the state’s statute. Medical expenses, missed income, and disability payments may all be covered if you meet the requirements. Workers’ compensation payments are advantageous because they are no-fault benefits, which means that you do not have to prove that anyone else was at fault for your injury in order to get payment. 

You have grounds to sue a former employer if:

  • This is a work-related disease or injury. 
  • Your previous employer is responsible for your illness or injury. 
  • At the time, you were considered an employee. For instance, contractors who are not employees cannot receive workers’ compensation. 
  • Your workplace injuries were covered by your former employer’s workers’ comp policy. 
  • The time period for making a claim for workers’ compensation has not yet passed.

A worker’s compensation claim must be filed in Arizona within a year of the accident or illness being diagnosed.

Instructions for Making a Claim for Workers’ Compensation

Notifying your former employer of the injury is the first step in filing a workers’ compensation claim. The Arizona Industrial Commission also requires that you disclose your injuries to them. These measures kick off the procedure for workers’ compensation. Within 21 days, you should hear back from the insurance about whether it will pay out on the claim or not. 

If it has been a while since you left your job, your former employer or insurer may fight your claim. The claims adjuster will seek for any possible excuse to reject or deny your claim. 

Workers’ Compensation Documentation Previous Work Contributed to Injuries

Clear evidence that your injury or illness occurred while executing your employment duties is required when pursuing a workers’ compensation claim against a former employer. Some pieces of proof include: 

  • Records of the incident
  • Evidence from medical professionals’ notes and interviews
  • Documentation of your time spent working for the company.
  • Proof of employment, including a copy of your work description, performance reviews, and pay statements.
  • Verified Statements