Tucson Workers’ Compensation Attorney

Tucson Workers’ Compensation Lawyer

Suffering an injury on the job can have far-reaching impacts beyond your ability to finish work that day. It can create long-lasting impacts that could affect the type of work you are able to do, ongoing medical care, and more. Unfortunately, employers and insurance companies attempt to minimize their responsibility in supporting an injured worker. With the help of a Tucson workers’ compensation lawyer, however, you can get the support you deserve.

If you are injured while working in Tucson, it is essential to know what to expect from the workers’ compensation system and the value of having legal counsel you can trust to guide you through the claim-filing process.

The Arizona Injury Law Group is a seasoned team of Tucson workers’ compensation attorneys with the skills and resources you want on your side as you pursue benefits for the workplace injury you recently suffered. Our firm has successfully represented many injured workers in the Tucson area, and we are ready to put this experience to work for you.

All our team members and attorneys are certified by the Arizona State Bar as workers’ compensation professionals. Our legal team brings more than 70 years of combined experience representing injured workers in Tucson, and we are proud to have served this community since 2016.

Common Types of Workplace Injuries In Tucson, AZ

Arizona law requires most employers to purchase workers’ compensation insurance. This insurance serves two purposes. First, it prevents employers from facing civil liability for their injured workers’ damages in most cases. Second, it provides benefits to injured workers to compensate them for their injuries. Securing benefits under the program often requires representation from an experienced Tucson workers’ compensation lawyer.

It’s possible for anyone to sustain an unexpected injury at work, even in a seemingly safe work environment like an office building. Workplace injuries are more common in construction and other manual labor-focused work environments, but it is important for all workers in Tucson to know that if their injury happened while they were performing their job duties, they are likely eligible to file a claim for workers’ compensation benefits through their employer.

Some of the most cited work-related injuries in Tucson are:

• Falls. According to the Occupational Safety and Health Administration (OSHA), falls not only account for most of the workplace injuries reported each year but also many missed days of work and workplace fatalities. Falls can potentially cause broken bones, traumatic brain damage, and more.
• Vehicle-related injuries. Whether an employee must drive as their primary job duty or use specialized work vehicles, any type of vehicle accident has the potential to cause tremendous harm. It’s important to note that if you are driving for work and you are hit by a third party, it’s possible to file a workers’ compensation claim through your employer and then file a third-party injury claim against the at-fault driver.
• Repetitive stress injuries. Not all work-related injuries happen from acute traumatic accidents. Some are acquired over time, especially when a worker must perform the same manual tasks each day at work. Strains, sprains, and soft tissue damage are a few examples of repetitive stress injuries that might qualify for workers’ compensation benefits, but the injured worker must be prepared to prove that their injury directly resulted from their work duties.
• Acquired illnesses. Some people must work with or near hazardous materials or endure hazardous work environments, some of which can cause health conditions to manifest over time. If you acquired a severe illness through your work, you could file a claim for workers’ compensation benefits just as you could for a physical injury.

These are just a few examples of the types of injuries reported among workers in all industries in Tucson. The main determining factor as to whether you could claim workers’ compensation benefits for an injury is whether the injury occurred while you were working. If you were working and performing your job duties when the injury occurred, you are likely covered by your employer’s workers’ compensation insurance.

How To File Your Workers’ Compensation Claim In Tucson

The first steps you take after a workplace injury are crucial. Filing a claim for workers’ compensation benefits is like filing any other type of insurance claim. However, the claimant faces an additional complication in the form of their employer’s role in the process. While most employers in Tucson adhere to the state’s workers’ compensation laws in good faith, some unfortunately do not.

Your employer should have specific protocols in place for reporting your injury, whether this is through the human resources department or some other way. Following these steps allows your employer to appropriately respond to your claim. If this fails, however, seeking the help of a trusted Tucson workers’ compensation lawyer can help.

No matter how your injury is reported, there are several steps you should take that will protect the future of any future claims you may need to make. These steps are critical in documenting your injuries and the process you followed. Your claim could see increased validation in court if you have done your due diligence.

Seek Medical Attention Right Away

After any type of injury at work, the victim must seek medical attention as soon as possible after their injury and report the incident to their supervisor. The employer is required to create a formal incident report detailing how, when, and why the injury occurred, and the employee may need to refer to this incident report later in their recovery efforts.

Having your injuries evaluated by a medical professional is important. Some injuries may appear one way on the surface but could be significantly worse internally. The impacts of an injury could also cause further medical issues. Documenting the estimated recovery time and the future medical needs you will have will also be important when attempting to recover damages in future claims.

The employer is prohibited from interfering with the workers’ compensation claim filing process in any way. They may not try to discourage the employee from filing their claim, nor are they allowed to fire an employee for filing their workers’ compensation claim. If an employer retaliates against an injured worker illegally, they can face severe consequences.

Once the injured worker has reported their injury, their employer must provide them with the forms they need to submit to the insurance company. The injured employee must also undergo a medical evaluation from a physician approved by their employer’s workers’ compensation insurance carrier.

This evaluation helps determine what level of medical improvement you may have reached for your specific injury. This physician reviews their injuries and assigns the claimant a disability rating that reflects the overall severity of their injury and any long-term complications they are likely to experience because of it.

The injured worker submits their claim forms and the medical report from the workers’ compensation physician to the insurance carrier, and then the insurance carrier investigates the claim to determine whether it is legitimate and whether the claimed injury is covered under the terms of the policy. This review process should only take a few weeks. Arizona law dictates that the insurance company has 21 days in which to accept or reject a claim.

Covered Workers’ Comp Injuries

Workers’ compensation covers injuries that occur in the course and scope of your employment in Tucson. If you were hurt while doing your job or something related to your job, then chances are good that workers’ comp covers your injury.

A work injury is covered when you were working to benefit your employer, and the incident happened while you performed tasks that fell under your professional responsibilities. When your injury happened during personal activity or tasks beyond your job responsibilities, insurance companies will claim it isn’t work-related if you submit a claim.

A Tucson workers’ compensation lawyer can help when an insurance carrier wrongfully denies a claim based on technicalities.

Examples of Covered Work Injuries

Many injured workers are surprised at how far workers’ comp coverage can extend if the facts of the case are on their side. These situations are typically covered under Tucson workers’ compensation:

• Injuries sustained while doing your normal job duties at work through lifting heavy items, operating equipment, stocking shelves, loading docks, cleaning, handling tools, etc.
• Injuries sustained while traveling in route to perform a work duty, such as driving to and from a worksite, running deliveries, going to a meeting that your employer requires, transporting equipment or tools for work.
• Repetitive/gradual injuries that work was a substantial contributing cause, including lower back injuries, shoulder injuries, carpal tunnel syndrome, degeneration of knees, etc., that develop over time.

Gradual injuries are also worth noting. For instance, if you hurt your back instantly when lifting a box, you know the exact date and time your injury occurred. However, repetitive injuries aren’t always tied to a specific date and time. Workers’ comp claims involving gradual injury often focus on when you knew about the condition.

This can be when the injury manifests itself, when you become symptomatic, or when you reasonably should have known work was the cause of your injury. That’s why we always recommend that injured workers report their injury, even if they think they can work through the pain.

Common Gray Areas

Injuries that fall into ambiguous categories require detailed justification to your insurance provider and may necessitate involvement from your workers’ compensation attorney. These include:

• Traveling between home and work differs from moving within specific areas on your employer’s property. Also includes work that requires travel beyond your typical commute.
• Injuries that occur while on your break or lunch. Injuries on the employer’s premises vs. going off-site to eat lunch or taking a walk. This includes injuries where you are still doing something in furtherance of your work.
• Company events and required training, including but not limited to mandatory meetings, safety training, company conferences, or other events your employer expects you to attend.
• Injuries suffered while working from home, including repetitive strain injuries from sitting at a desk for long periods of time, tripping and falling while performing work tasks, and using the equipment your employer requires you to use.

Insurance companies will often deny or argue these claims because the employee was technically off the clock, but Arizona workers’ comp covers these injuries quite frequently.

Types Of Workers’ Compensation Claims In Tucson

In 2024, employers in Arizona’s private sector reported 59,600 nonfatal occupational illnesses and injuries. In Arizona, 35,500 of the 59,600 recorded incidents of illness and injury in the private sector were more serious. There were 1.6 of these incidents for every 100 full-time employees.

Construction remains one of the most dangerous fields nationwide, with nearly one in five workplace deaths occurring in construction in 2022, and 38.4% of those fatalities linked to falls, slips, or trips. Workers in neighborhoods like Midvale Park, El Presidio, and Sam Hughes face these industry hazards every day, whether they’re on a jobsite or inside a distribution center.

Some of the most common types of workers’ compensation claims in Tucson include:

• Construction accidents involving falls, collapsing structures, heavy machinery, or electrical hazards
• Warehouse and distribution-center injuries, including at major logistics hubs and Amazon facilities, where workers may face lifting injuries, equipment accidents, or repetitive strain injuries
• Trucking and delivery-related claims stemming from vehicle collisions, loading-dock accidents, or cargo-handling injuries
• Healthcare workers’ injuries, especially needlestick incidents, patient-handling injuries, and exposure to infectious conditions
• Office-related claims from slips, ergonomic injuries, and repetitive stress caused by long-term computer or clerical work

Each claim type may involve different evidence requirements and recovery paths, but all rely on proving that the injury occurred while the employee was performing job duties.

Injuries can occur in any job. Going to work each day is a way to provide for yourself and your family. Your right to a safe work environment in which employees are properly trained and work together to return home at the end of the day, the same way everyone arrives, is crucial. When injuries happen by accident or negligence, it is important to understand your options and your rights.

Steps After A Workplace Injury In Tucson

Following a workplace injury, your priority should be to seek medical care. Even injuries that feel minor can worsen, and prompt treatment creates the medical records that help connect your condition to your job duties.

It is also helpful to understand Arizona workers’ compensation laws to protect your rights. Once your health is stabilized, report the injury to your employer in writing so there is a clear record of what occurred. Then, document the scene by taking photographs. Identify any witnesses and save their contact information.

Keep copies of every medical bill, diagnostic test, and work restriction you receive. These records help establish the extent of your injury and the benefits you may qualify for under workers’ comp.

Benefits Available Through Workers’ Compensation Insurance In Tucson, AZ

After you submit your claim for workers’ compensation benefits and your claim is approved, the insurance carrier will likely issue you two forms of benefits. First, it will pay for any medical care you need to fully recover from your injury. This includes both immediate and future medical care needed for the medical improvement from your injury. Second, you will receive disability benefits to offset the income you are unable to earn while you recover.

In Arizona, workers’ compensation disability benefits are paid monthly. The claimant must be out of work for seven days before they can start receiving these benefits. The amount paid is typically equal to about two-thirds of the claimant’s average weekly wage. These benefits will continue until the claimant is able to return to work.

If an injured worker can still work, but they cannot earn as much income due to their injury, they may qualify for partial disability benefits. The claimant will need to report their earnings to the insurance company, and the insurance company will pay an appropriate amount to offset their diminished earning power. If the claimant fails to meet their reporting requirements or attempts to continue collecting benefits after recovery, they can face severe legal penalties.

Filing A Third-Party Personal Injury Claim

The workers’ compensation laws of the state generally prevent injured workers from filing personal injury claims against their employers, but it is possible for an injured employee to file a civil claim against a third party. If anyone outside of your work directly caused a work-related injury, you have the right to pursue workers’ compensation benefits, but you would also have grounds to file a personal injury claim against that third party.

A successful third-party personal injury claim can yield compensation for damages that workers’ compensation insurance won’t cover, specifically the pain and suffering you experienced. You can also recover compensation for the lost wages that workers’ compensation won’t cover, as these benefits typically only provide a percentage of your average wage until you recover.

There is no cap on the amount of pain and suffering compensation a plaintiff can seek for a personal injury under state law. An experienced attorney can help you file your third-party personal injury claim and pursue the compensation you may be entitled to.

The Arizona Injury Law Group has years of experience guiding clients in Tucson and surrounding communities through the workers’ compensation claim filing process. We take time to learn as much as possible about each client we represent so we can provide fully client-focused legal counsel in every case.

If you are unsure how to proceed with your recovery after a workplace injury, a Tucson workers’ compensation attorney is the ideal resource to consult. The sooner you connect with our team, the sooner we can start guiding you toward the recovery you legally deserve.

Hire A Tucson Workers’ Compensation Lawyer

When you hire a workers’ compensation lawyer, you benefit from their years of experience and knowledge of workers’ compensation laws. A Tucson workers’ compensation attorney can manage the complexities of your workers’ compensation claim so you can pursue the benefits you are eligible for under the company’s policy. Legal representation works to prevent you from being denied benefits or failing to receive a settlement that reflects your injuries and setbacks.

When you work with Arizona Injury Law Group, you benefit from our decades of combined legal experience. Read our client reviews and decide for yourself. 

• “I would just like to express my gratitude to the Arizona Injury Law Group for fighting for me.” JB
• “Weston Montrose saved my life. I don’t know how I would have gotten help without him.” ST
• “I highly recommend Attorney Benjamin Manion and the law firm of Arizona Injury Law Group.” IB

FAQs About Tucson, AZ Workers’ Compensation Laws

Does My Employer Have to Hold My Job While on Workers’ Compensation?

Your employer is not obligated to hold your job while you are out on workers’ compensation. Your employer has the right to hire someone to take over your position, and doing so may be necessary for the company. Under at-will employment law, an employee can be let go at any time for any legal reason. However, an employer cannot fire an employee simply for filing a workers’ compensation claim.

How Much Can I Receive in Workers’ Compensation Benefits in Tucson?

The average workers’ compensation claim in Tucson yields two types of compensation for an injured worker. First is medical expense coverage, which includes any immediate and future medical treatment the injured worker requires to fully heal from their injury. Second is disability benefits, which are usually paid each week to replace the income the claimant cannot earn while they recover. Your Tucson workers’ compensation attorney can help you pursue the benefits you should receive from your employer’s insurance carrier.

Can I Still Claim Workers’ Compensation Benefits if I Caused My Injury?

It is still possible to recover workers’ compensation benefits for a workplace injury that you caused yourself. However, there are exceptions to this. The injury must have occurred through an honest mistake you made while working in good faith or simple negligence. If you were working under the influence of drugs or alcohol or if you intentionally violated some workplace safety rule, these factors could disqualify you from receiving workers’ compensation benefits.

Can I Sue My Employer for a Work-Related Injury?

An injured worker cannot file a civil suit against an employer for a workplace injury if the employer has workers’ compensation insurance. However, if the employer does not have insurance, or if a supervisor, coworker, or anyone else in your workplace intentionally caused your injury somehow, these factors could form grounds for a civil suit. It is also possible to file a third-party injury claim if someone outside of your workplace caused your injury.

Do I Need an Attorney to File a Workers’ Compensation Claim in Tucson?

You can try to handle your workers’ compensation claim filing process on your own, as there is no law that requires you to hire legal counsel, but you must acknowledge the risks you would face in doing so. Hiring a Tucson workers’ compensation attorney can significantly improve the outcome of your claim and likely yield more compensation than you could obtain on your own.

Contact A Tucson Workers’ Compensation Lawyer Today

The attorneys at the Arizona Injury Law Group excel at handling complex workers’ compensation claims for our clients in Tucson. We routinely help our clients file their workers’ compensation claims, resolve disputes with insurance carriers, and explore all their additional avenues to pursue the compensation they may be entitled to.

Whatever your work injury case entails, you can rely on our team for guidance and support through all the proceedings that follow your workplace injury. Hire a workers’ compensation lawyer and contact us today to schedule a free case review and learn more about the legal services we provide to injured workers in the Tucson area.

Related Resources

• Common Workplace Injuries

• Workers Comp Settlement Tips

• Full and Final Settlements

• Understanding the Waiting Period

• Undocumented Worker Rights