Do I have to answer Interrogatories from the insurance carrier?

Navigating Your Arizona Workers' Compensation Claim: Understanding Written Interrogatories

If you're an injured worker in Arizona navigating a workers' compensation claim, you might encounter various legal terms and procedures that can seem overwhelming. One such procedure is dealing with written interrogatories. This post aims to demystify what these are and how they fit into your claim process with the Industrial Commission of Arizona (ICA).

What Are Written Interrogatories?

In the context of an Arizona Workers' Compensation claim, interrogatories are formal written questions that one party sends to another party involved in a legal dispute. As the injured worker (also known as the "claimant" or "applicant"), you might receive these questions from the employer's or insurance carrier's lawyer.

These questions must be answered in writing and under oath. This means your answers are legally binding, similar to testimony given in court, and you are affirming that the information provided is true and accurate to the best of your knowledge.

The Role of Interrogatories in Your Arizona Workers' Comp Case

Interrogatories are a part of the "discovery" process in workers' compensation hearings. Their primary purpose is to allow parties to gather information and clarify facts before a hearing. This helps both sides understand the claims and defenses being made.

Specifically, in Arizona workers' compensation hearings, written interrogatories are generally used only for the impeachment of a witness during a hearing. This means that if a witness (including yourself) gives testimony at a hearing that contradicts their sworn answers to interrogatories, those answers can be used to challenge their credibility.

Key Rules and Deadlines You Need to Know

Understanding the specific rules governing interrogatories is crucial for injured workers:

• When They Can Be Served: A party can serve written interrogatories after a request for a hearing has been filed with the Industrial Commission.

• Timing of Service: The party sending the interrogatories must serve them at least 40 days before the first scheduled hearing.

• Number of Questions: There's a strict limit: a party cannot serve more than 25 interrogatories, including all subsections.

• Your Response Deadline: You must serve your written answers to the interrogatories upon all interested parties within 10 days after they are served on you.

• Where to Send Answers: Crucially, your answers should be returned directly to the person who sent them (usually the defendants' lawyer), NOT to the Industrial Commission or the Administrative Law Judge (ALJ). The actual interrogatories themselves are also generally not filed with the Commission, only notice of their service.

  
  

What Happens if You Don't Respond?

Failing to comply with a discovery request, such as interrogatories, can have serious consequences for your claim.

• Motion for Protective Order: If you believe an interrogatory request is improper, you can file a motion for a protective order with the ALJ, asking to be excused from answering. You must state your reasons and send a copy of the motion to the defendants' lawyer. The ALJ will then decide whether to grant or deny your motion.

• Sanctions for Non-Compliance: If you are not excused and you fail to comply with the interrogatories, the ALJ may impose sanctions. These sanctions can include:

  • Dismissal of your request for hearing.

  • Suspension or forfeiture of compensation.

  • Preclusion of evidence.

It's important to note that a presiding ALJ will not cancel or continue a hearing solely because a party fails to answer interrogatories.

Seeking Help: Why Legal Advice is Essential

While the Industrial Commission of Arizona (ICA) offers many resources and divisions to help injured workers, including the Claims Division and the Ombudsman, it's vital to understand their limitations. The Ombudsman can provide general information about the workers' compensation system and the hearing process, but they do not give legal advice. Similarly, information provided by the ICA, including their FAQs, should not be considered legal advice.

Arizona Workers' Compensation Law is complex, and if you choose to represent yourself, you will be expected to know the laws and rules that apply to your case. The employer and their insurance carrier will almost certainly be represented by an attorney specializing in Workers' Compensation Law.

Dealing with legal procedures like interrogatories, understanding their implications, and responding appropriately under oath requires specialized legal knowledge. An attorney can help you:

• Understand the questions asked in interrogatories.

• Formulate accurate and complete answers.

• File motions for protective orders if needed.

• Navigate the entire hearing process, including presenting your case and cross-examining witnesses.

• Help you understand your rights and responsibilities to avoid potential pitfalls like forfeiture of benefits.

Where to Find Help

• Industrial Commission of Arizona (ICA): The ICA website (www.azica.gov) is a valuable resource for information and forms, including the Arizona Workers' Compensation Laws

• ICA Ombudsman: For general information about the workers' compensation system and hearing process, you can contact the Ombudsman at 602-542-4538.

  
  

Remember, while this information is designed to help you understand written interrogatories, it is not a substitute for legal advice. Consulting with an attorney specializing in Arizona Workers' Compensation Law is highly recommended to ensure your rights are protected throughout your claim.