AZ Senate Bill 1403 Imposes New Workers’ Compensation Notice Requirements for Employers | Snell and Wilmer

As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona Workers’ Compensation Act will be amended to add ARS § 23-1061(N). The new legal provision applies when an insurance company and/or self-insured employer receives written notification of an injury from an injured employee who intends to file a workman’s compensation claim. work. Upon receipt of such notice, the insurance company and/or a self-insured employer must deliver the written notice to the Industrial Commission of Arizona (“ICA”) within seven business days and notify the employee of the employee’s obligation to file a claim under ARS § 23-1061(A) with the Commission. The new form for the insurance company and/or a self-insured employer to file such written notification should be available on the CIA website. Failure by the insurance company and/or self-insured employer to do so may result in the injured worker no longer being required to file a claim within one year under ARS & 23-1061(A).

It is important to note that this new law also applies to existing injuries where the injured worker has not yet filed a claim. Interestingly, the law does not define the term “intends to file a claim for compensation”. If a worker sustains a work-related injury and notifies the employer that they need to apply for benefits or is seeking medical treatment or compensation for lost time from work related to the injury, the employer may consider consulting these statements or actions. with the intention, on the part of the worker, of filing a grievance.

Norman D. Briggs