Sometimes, an accident leaves its victimspermanently disabled. When this happens, the victims often cannot return to work, or, if they can return to work, they are unable to take on as strenuous a workload as they were before. In both of these situations, an individual’s earning capacity is limited because of his or her disability. To compensate for this lowered or lost earning capacity, the individual may receive permanent disability compensation from theArizona Industrial Commission.
Permanent disability compensation is not simply awarded to every disabled worker. In order to receive this type of government assistance, you must file a workers’ compensation claim with the Arizona Industrial Commission. Understanding this process more and taking the proper steps that can help your compensation claim, it will be important for you to work with an experienced workers’ compensation lawyer.
Types of Permanent Disability
How permanent disability is compensated depends on the category into which it falls according to the guidelines of the Arizona Industrial Commission. There are two categories for permanent injuries:
Scheduled Injuries. These are the injuries that are included in the state’s workers’ compensation law with assigned compensation rates. In other words, with this type of injury, you can easily determine how much you will be compensated for it. Any permanent injury to a foot, leg, eye, hand, or arm is a scheduled injury. If you suffer a partial loss of one of these body parts, you may be compensated half of your monthly wage to cover your income loss. For an amputation or a complete loss of one of these body parts, a claimant can be compensated 55 percent of his or her regular wage. If the loss or injury is severe to the point of preventing the individual from returning to his or her regular job, he or she may receive up to 75 percent of his or her average monthly wage in compensation.
Unscheduled Injuries. These are the injuries that do not fall into the category above, such as shoulder and back injuries. Determining and appropriate compensation amount for an unscheduled injury can be more complicated than determining the compensation amount for a scheduled injury. Factors which are considered when making this determination include whether the worker can return to his or her job and if not, the worker’s ability to find a new position based on his or her experience, education, and skills. The actual amount that a claimant can receive for a permanent unscheduled disability is determined by finding the difference between his or her previous earning capacity and his or her earning capacity after the injury. For a partial disability, the claimant can receive 55 percent of his or her average monthly wage. For a total disability, he or she can receive 66 percent of his or her average monthly wage.
Work with an Experienced Arizona Workers’ Compensation Lawyer
If you are suffering from a permanent disability after an accident on the job, you are entitled to file a workers’ compensation claim. For aid with this process and guidance about how to handle any pitfalls that come your way through it, work with one of the experienced Phoenix workers’ compensation attorneys at Snow, Carpio & Weekley, PLC. Contact our firm today to set up your initial consultation with us.