Claims Kit

Posting Requirements  23-906  23-964

Each employer providing insurance or electing to pay compensation directly must post in one or more conspicuous places about their place of business typewritten or printed notices stating that they have complied with the provisions of the workers' compensation laws.

Poster Worker' Compensation Notice to Employees

Employers must post the following two forms immediately next to the Notice to Employees shown immediately above.

Work Exposure to Bodily Fluids (Bilingual)

Work Exposure to MRSA, Spinal Meningitis, or Tuberculosis (TB)

Failure to Comply

If an employer fails to post the notice and to keep it posted as required, or fails to keep the blank forms of notice available to be signed by the employee, no employee who engages in employment during this time is deemed to have accepted the provisions of this section. It will be optional for an employee injured during this period to accept compensation under this section or to maintain other action against the employer.

Employee Safety and Health Protection Poster (Bilingual)

Reporting of Claim by Employer 23-908(G)  23-1061  R20-5-110

Effective 9/24/22 and pursuant to 23-1061(N), when a payer receives written notification of an injury from an employee who was injured and intends to file a claim for compensation, the payer must forward the written notification to the Commission within 7 business days and inform the employee of the employee's requirement to file a claim with the Commission. The payer's failure to comply may result in relieving the injured worker’s requirement of the one-year filing under 23-1061(A) and may result in any other applicable bad faith/unfair claims processing allegations.

Payer Process

Upon receipt of a notification of a potential claim the payer should forward the communication immediately to the Commission via the available webform.

Within 10 days after receiving notice of an accident the employer must inform the insurance carrier and the Commission on the forms and in the manner as prescribed by the Commission. This is the Form 101 ("Employer's Report of Industrial Injury").

If an employee dies as a result of an injury by accident arising out of and in the course of employment the employer must report the death to the Commission's claims division by telephone, telegram, or electronic filing, no later than the next business day following the death. 

Reporting Death Claims  R20-5-109

If an employee dies as a result of a compensable injury arising out of and in the course of their employment the responsible employer must provide notice of the death to the Commission no later than the next business day immediately following the incident. The notification must include the name of the employee as well as when, how, and where the accident occurred. The nature of the condition causing the injurious incident must also be included in this report. 

Physician Selection  R20-5-113

The employee has the right to select the doctor of their choice unless the employer is self-insured. If the employer is self-insured and has contracted medical care which is registered with the Industrial Commission of Arizona (ICA), the employee is required to see the employer’s doctor. In these circumstances a change of doctors would only be approved on a very limited basis.

The law allows the employer to request that the employee be seen by a doctor of their choice for one visit. If the employee voluntarily visits this doctor more than once it is interpreted that they have officially chosen their doctor.

Once the employee has chosen their doctor they (the injured worker) may not change to another doctor without the approval of the current doctor, the carrier, or the ICA. If  they want to change doctors and the current doctor will not authorize the change the employee must call the carrier for their approval. If the carrier will not agree to the change the employee may apply in writing to the ICA for approval. The ICA will review the case, contact the carrier and/or the doctor for their opinion on the change, and issue an award either approving or disapproving the change. If the employee or the carrier disagrees with the award a request for hearing must be filed.

Change of Physician

The Commission will authorize a change of physician if: 

1. The Commission determines that the health, life, or recovery of a claimant is retarded, endangered, or impaired;

2. The attending physician agrees to the change or is unavailable to continue treatment;

3. The Commission determines that the relationship between the attending physician and claimant renders further progress or improvement unlikely;

4. The Commission determines that the claimant's recovery may be expedited by a change of physician or conditions of treatment; or

5. The insurance carrier agrees to the change.

Penalties for Late Reporting  23-908(I)  23-1061

Payer Reporting of a Claim

Senate Bill 1043 - Effective 9/24/2022, pursuant to 23-1061(N), when a payer receives written notification of an injury from an employee who was injured and intends to file a claim for compensation, the payer must forward the written notification to the Commission within 7 business days and inform the employee of the employee's requirement to file a claim with the Commission. The payer's failure to comply may result in relieving the injured worker’s requirement of the one-year filing under 23-1061(A) and may result in any other applicable bad faith/unfair claims processing allegations.

Payer Process

Upon receipt of a notification of a potential claim the payer should forward the communication immediately to the Commission via the available webform.

Any person failing or refusing to comply with reporting an injury as stated in 23-908 is guilty of a petty offense.