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Most people have a general idea about what Arizona workers’ compensation is all about – it’s insurance designed to protect workers who become injured on the job. However, it’s a bit more complicated than that and every state has its own nuances. Arizona, in particular, looks at workers’ compensation a bit differently.

What workers’ compensation includes

To find out what workers’ compensation includes, we asked Charles Surrano, an Arizona attorney and member of the Advocate Law Group network with 30 years experience who specializes in bad faith litigation, and disability claims against insurance companies. According to Surrano, “The benefits of workers’ compensation insurance can include payments for a certain percentage of lost income, for disabilities that arise in the course of work and for medical benefits – medical benefits probably being first and foremost of benefits that are paid under workers’ compensation insurance. Basically, he employer purchases a policy from a workers’ compensation carrier and pays the premium for the policy. The policy covers the employer, and in Arizona at least - the injured worker, and provides them the same status as it does the employer.”

Arizona recovery options

The Arizona workers’ compensation system is also a bit different from other states in that claimants have additional recovery options. Surrano explained, “Basically, Arizona’s system, in terms of the framework for workers’ compensation, is similar to most other states. There are variations with respect to what our courts will recognize as rights of injured workers that differ from those in other states. In Arizona, a major difference is that an injured worker can file a common law bad faith claim against a workers’ compensation carrier, whereas many states preclude it by statute.”

Thinking outside the box

According to Surrano, workers’ compensation common law bad faith cases probably don’t happen as frequently as they should. He continued, “What you find is that workers’ compensation attorneys can specialize in that area of practice and they’re used to dealing with workers’ rights within the confines of the Industrial Commission. Workers’ compensation is set up by statute. Every element and design is executed through a statutory scheme and that’s the universe in which these workers’ compensation attorneys, and their clients, operate.”

“So, they’re only used to focus on what benefits might be obtainable under the workers’ compensation laws and people rarely look outside of the Industrial Commission for relief. However, that relief exists and you have to go to Superior Court to obtain it. A lot of attorneys who practice in workers’ compensation frankly just don’t go to Superior Court. So, the concept of suing the insurance company directly for mal treatment of an injured worker as an insured is rather a foreign concept to many of them.”

You’re entitled to the duty of good faith and fair dealing

Surrano told us that he often sees workers’ compensation carriers ignore their duty to treat injured parties with good faith and fair dealing – something that he says they are entitled to. He explained, “It’s an area that I find the workers’ compensation carriers are used to operating in this insular universe that’s governed by statute and the procedures at the Industrial Commission. They don’t think of themselves as insurers in the real sense, where they’re treating the injured worker as an actual insured that’s entitled to the duty of good faith and fair dealing. In my opinion, it’s a bit careless on their part.”