Getting injured on the job is a traumatic experience for any employee and can create immense financial pressure for him or her, especially if the worker’s injuries are serious enough to cause temporary or permanent disability.
If you have been injured at work and unsure what your rights are under Arizona’s workers’ compensation system, our Tucson workers’ compensation lawyers may be able to help. At Phillips Law Group, we have been handling workers’ compensation claims for nearly 30 years, and we are dedicated to helping our clients successfully recover benefits for injuries sustained on the job. We have recovered millions for our workers’ compensation clients, including $834,000 for a worker who suffered a broken shoulder, nerve damage and torn rotator cuff.
We offer free consultations and provide our services on a contingency fee basis. For you this means no upfront or out-of-pocket fees to worry about while you focus on your recovery. We do not collect any money unless we achieve a successful recovery on your behalf.
Call today for a free review of your claim. Ph: 602-222-2222 .
Who Does The Workers Compensation Program Cover?
Arizona law requires all employers to provide workers’ compensation insurance if they employ one or more workers. This includes coverage for full and part-time employees, minors, family members and alien workers. However, employers in some situations may not be required to provide workers’ compensation, including:
- Domestic servants employed to work in a private residence
- Some LLC’s or sole proprietorships
- Independent contractors, or other workers who are not regularly employed
In situations where it is not clear whether coverage should have been provided, the Industrial Commission of Arizona (ICA), which handles most workers’ compensation claims for the state, will review further details about the worker’s association with an employer to clarify what benefits may or may not be available. This helps to prevent employers from trying to classify a regular worker as an independent contractor for the purpose of avoiding paying out any benefits.
If you are unsure about your workers’ compensation benefits or your initial claim has been denied, contact our offices as soon as possible to see how we may be able to help.
Our phone lines are open 24/7 or you may complete our Free Case Evaluation form.
Do I Have A Workers’ Compensation Case?
Generally speaking, if you are employed by a company with one or more regular workers, and you suffered a work-related injury, you may qualify for Arizona’s workers’ compensation benefits.
However, to answer your question definitively, there are certain steps you must take to prove eligibility:
- Providing verification of employment
- Proving that your employer carries workers’ compensation insurance
- Establishing evidence, such as a copy of the accident report you filed at work, photos or witness statements and medical records, to show that your injury happened while performing a work-related task
- Reporting your injury and filing your claim within the ICA’s deadlines
If you got injured at work but were not working at the time of the accident, you could still be eligible for workers’ compensation. One example of this might be if you were walking down a poorly lit hallway at work and tripped and fell. Additionally, there are other rare times when you may also be eligible for benefits if you are injured off-site, but still doing a task for your employer. This might happen if you are involved in an accident while driving to another site in a company vehicle.
These are just a few reasons why workers’ compensation can be complicated, and why it may be beneficial to hire one of our experienced Tucson workers’ compensation lawyers to protect your interests and help you get the benefits you need.
Call us today to learn more about your legal rights. Ph: 602-222-2222 .
What Types of Compensation Am I Eligible to Receive?
If you qualify for workers’ compensation, the benefits you may be eligible to receive will depend on the severity of your injuries, how quickly you are able to recover and to what extent you recover. For example, if you are not able to return to your former state of health and can no longer perform your previous job duties, you may have to receive retraining to do a different kind of work. Overall, the types of worker’s compensation benefits include:
Temporary Total Disability
Temporary total disability (TTD) benefits are provided to injured employees that have been recovering for more than eight days, however the worker is not yet able to return to his or her former duties. In this scenario, an injured employee is paid 66 and 2/3 percent of the average wage he or she was making in the 30 days prior to the injury, up to a total of $3000.
If the worker opts to receive his or her benefits weekly instead of monthly, the weekly maximum is capped at $460 per week. If the injured employee is also supporting dependents, an additional $25 per month is added to the total monthly benefit amount.
Permanent Total Disability
For a worker to receive permanent total disability (PTD) benefits, he or she must be classified full loss of earning ability (100 percent) resulting from a work-related injury. An example of this could be for a construction worker who is injured on the job and becomes paralyzed as a result of his or her injuries. PTD provisions ensure workers who qualify to receive benefits equal to 66 and 2/3 percent of the normal wages he or she was earning per month.
Permanent Partial Disability
Permanent partial disability, or PPD, provides benefits to workers who sustained a level of permanent disability but who are still able to do some type of work. Those who qualify receive 66 and 2/3 percent of his or her monthly wage, up to the $3,000 allowable maximum.
Fatal Accident
If a worker suffers a fatal injury in a job-related accident, workers’ compensation will provide for burial expenses up to the maximum amount of $5,000. Surviving spouses may receive 66 and 2/3 percent of the deceased workers’ average monthly wage. Dependent children may also receive benefits, but that is determined by the ICA individually.
Other benefits for injured workers may include payment to cover 100 percent of all reasonable medical costs. For the first medical visit, Arizona permits the employer to select the physician to do the initial examination of the injured employee. However, for all visits after the initial assessment, the injured worker can choose his or her own physician.
How Long Do I Have to File A Case?
The requirement for reporting a work-related accident to an employer In Arizona is “as soon as possible.” Injured employees are also given one full year from when the accident occurred to file his or her workers’ compensation claim. However, in spite of these time frames, it is a good idea to protect your potential legal claim by:
- Reporting the accident to your employer as soon as it happens and before you leave the premises to prevent your employer from being able to suggest the injury happened elsewhere
- Seek medical attention immediately to ensure there is a medical record for your injuries
- Do not delay in filing your claim as it makes your injuries look non-existent or minor
- Contact an experienced workers’ compensation attorney to assist you with your claim
Once you report the injury to your employer, he or she must report the accident to the ICA within 10 days. If a worker has a fatal accident, the employer has only eight hours to report the accidental death to the Arizona Division of Occupational Safety and Health (ADOSH). Additionally, if an employee’s injuries require hospitalization, an amputation of a limb or loss of an eye, these injuries must also be reported to ADOSH within the first 24-hours following the incident.
What Should I Do After Being Injured While at Work?
After a work injury, we strongly recommend that you report the accident before leaving the premises and seek medical attention immediately. This helps to eliminate your employer being able to claim you were injured elsewhere or not at all.
Once you report the injury, your employer is required to file a report to the ICA.
Because workers’ compensation claims are not always straightforward, we recommend that you contact one of our workers’ compensation lawyers to review the specifics of your claim in a free consultation.
We have in-depth knowledge of Arizona’s filing deadlines and claim requirements, and we can help to make sure your application is completed without error and filed on time.
Call us today for more information about how we may be able to assist you throughout the workers’ compensation filing process.
Read This If Your Claim Has Already Been Denied
Sometimes workers’ compensation claims are denied on the first submission. Often this can happen if an injured worker did not file the paperwork before the deadline or because an employer is attempting to deny your benefits.
If your claim is denied, you must act quickly to appeal this decision. The state only gives you 90 days from the date of the rejection notice to file a hearing with the ICA.
It is important to note that if you do not file an appeal within the specified 90 days, your claim will be closed.
Contact A Tucson Workers Compensation Lawyer Today
Workers’ compensation claims are often lengthy and complicated, which is why we recommend that you consider hiring an experienced attorney to protect your best interests.
At Phillips Law Group, our knowledgeable lawyers are well-versed in Arizona workers’ compensation laws, and we have the staff and the resources to hire investigators or other experts as needed to ensure you have a strong argument to support your claim.
We are prepared to review your situation and discuss the legal options available to you during a free consultation. Since we operate on contingency, we will not collect any money upfront for fees. We only get paid if we successfully help you obtain workers’ compensation benefits.
You can find our Tucson office at One South Church Avenue, which is only a few blocks from the Tucson Convention Center.
Call Phillips Law Group to get started at 602-222-2222 .
Available 24/7