Posted: September 9th, 2022

WORKERS’ COMPENSATION

ARIZONA STATE CODE

WORKERS’ COMPENSATION
Fundamentally, workers’ compensation is a type of insurance that is set to give wage replacement and or medical benefits to workers who have been injured within the scope of duty that the employer set forth. The said is often conducted in exchange for compulsory relinquishment of the Worker’s obligation to raise a negligence lawsuit against their employer. In Arizona, the Arizona State Legislature under Title 23 provides for the wide aspect of Labor. Under title 23, chapter 6 provides for the laws governing workers’ compensation which was previously termed as workman’s compensation and amended to attain a gender-neutral term.
Its trite law that the employer owes the reasonable duty of care to their employees within the scope of duty that the employer set forth. Historically, Worker’s compensation rules and procedures in the United States were formed in early 1900; this was attributed to the rise of industries and the magnitude of injuries to people working in the said industries. Unfortunately, by that time, injured workers were not subjected to any remedy. In 1837, the case of Priestly v. Fowler developed the aspect of vicarious liability, necessitating the master to be liable for acts of the servant. Fast forward in 1800, the legal defence of assumption of risk emerged, and it helped employers escape liability related to their workers. This created the need to form a workman compensation scheme.
In 1910, various state representatives merged in Chicago to formulate a preliminary compensation plan. Nonetheless, the laws were not positively adopted, as many states were reluctant. And as time passed precisely in mid-1900, nearly every state had adopted and drafted their own laws on workers’ compensation. Notably, the state of Arizona under chapter 6 of Title 23( Labor) provides that an employee is absolutely entitled to have specific and calculated work benefits in the cause of duty when they suffer occupational injury or disease thereto. Article (23 -901 ) of chapter 6 herein denotes that the compensation may be in cash or wages (lost benefits) further, rehabilitation remedies may be in the form of medical and career. Lastly, in case of the death of a worker in an accident, benefits are subject to the next of kin.
Article 1 of chapter 6 herein disregards the negligence of the employer or employee concerning Worker’s compensation. In Arizona state, independent contractors are exempted from the Worker’s compensation due to the nature of their contract. As illustrated by The Arizona Supreme Court decision in Ford v. Industrial Commission of Arizona, the purpose of Worker’s compensation is not to impair the employer’s company and business structure but to submit the injured employee to their former productive status economically and psychologically. The injured workers are statutorily mandated by Chapter 6 article 1 (23-900) to sue third parties who contributed to the accident separately- this is a distinctive feature of the Arizona laws since some states restrict such actions. Noteworthy, where a plaintiff obtains damage from a third party suit, it is a mandatory provision of the Arizona laws that the plaintiff must refund the paid Worker’s compensation to either the employer or insurer and retain the rest of the money, the amount is subject to statutory deductions at all times.
Provisions of Article 1 (23-901.04) illustrate that apart from the normal injuries that are subject to compensation, accident injury may be informed of occupational injury. For instance, a worker gets an eye disease or infection as a result of the nature of the duty; such persons are entitled to compensation. The Arizona Laws also offer a distinctive position in terms of work-related mental illness. Compensation is not offered where a mental illness is attributed to by workplace stress or depression. An exception to this rule is offered where an employee experiences vicious assault while in duty; therefore, developing stress which results in mental illness, in this circumstance, a worker must be compensated.
To qualify and be entitled to such compensation primarily, the accident or injury must arise out of designated duty. As expressed in the Supreme Court of Arizona case of Circle K Store v. Industrial Commission of Arizona, the employee bears the burden of prove in the circumstance- that the injury arose as a result of exposure to the duty allocated by the employee. This burden of proof has to be specific and show any form of connection. In Reich v. Reich & Sons Garden Ltd, a worker died as a result of lightning in the wheat fields; he positioned himself next to various vehicles. The court established that the incident was compensable and citing that the workers’ risk of being hit by the lightning was greater compared to other persons who were in their cars. In this case, whether the deceased was the one to blame or not, Worker’s compensation benefit may not apply. However, the deceased through the beneficiaries may sue a third party to obtain damages thereof.
Importantly, when employees are out of work or in the process of getting to work, the Arizona Laws on compensation are not applicable in case of an injury. Most employments involve workers coming in the morning and leaving in the evening; hence an injury outside work, cannot be compensated. The same is supported by the decision in Heim v. Longview Fibre Co., where after duty a worker was riding his bicycle home through the usual exit when a co-worker driving the company vehicle hit him down and occasioning him to serious injuries and death. The court gave a determination stating the said death did not arise out of work; hence the deceased’s beneficiaries were not entitled to benefits under the Worker’s compensation law. Adverse and harsh conditions of a business premise may result in compensation. This occurs where an employee has suffered injuries due to the harsh conditions.
In terms of benefits, two distinctive categories of compensation are offered; medical and indemnity benefits. Where an injury results in loss of income and earning capability, the indemnity benefit clause provides a remedy in the circumstance. Conversely, the extent of injury or effect of damage predicts the ability to work for an injured person; hence, the medical benefits are applicable in this instance. Indemnity benefits shall not apply to persons who have suffered temporary work injuries, as long as there is reasonable foreseeability of returning or resuming work the clause fails to apply but the temporary partial disability benefits shall apply. Finally, an employee who sufferers permanent disability is entitled to total disability benefits. The article 1 provides for the calculation of the benefit, and the emphasis is laid on the nature of duty undertaken.
The labour laws of Arizona under the Worker’s Compensation puts the employer under a strict mandate to provide job search and vocational training for employees whose extent of the injury cannot allow them to return to their previous state of work. This clause is unique from other states and not to punish the employer but to ensure an employee is not incapacitated or their skills wasted as a result of the injury. The Arizona Labor Laws also cater for payment of compensation to beneficiaries of a deceased worker. A spouse of the deceased may be paid until death, or upon re-marring, the children of the deceased are paid until they attain the age of 18. In case the beneficiaries are not the spouse or children, the law provides for the calculation of benefits to such beneficiaries. Medical benefits cater for all medical treatments of injuries that occurred during the work, the same extends to cater for travel expenses during treatment.
Conclusion
The Worker’s Compensation Laws of Arizona provide a defined form of compensation to all workers. This is important because most compensation plans in the recent day have come under criticism for being a commercial based plan and fraud scheme for expensive and undetected plots. The laws and clauses of the Arizonian workers’ compensation aim at giving a business and the injured Worker a humanly amicable solution to compensate and not to value the injury since human bodies are priceless. The clause also aims at a friendly relationship to reduce the effect of costly litigation and other incidentals related. Importantly, the Worker’s compensation plan has been effective through the above mentioned decided cases to retain injured employees in a position that attracts employment. Summarily, the laws of compensation offer principles that necessitate for workplace safety.

Bibliography
ME, SCAN. “Arizona.” (2017).

Check Price Discount

Study Notes & Homework Samples: Contract Writing: Major Baseball League Standard Player Form »Al Capone