Arizona Workers’ Compensation Attorneys
At Snow, Carpio & Weekley, PLC, we are experienced workers’ compensation attorneys supporting the rights of Arizona workers with over 20 years combined experience.
Employers are required by law to carry workers’ compensation insurance to cover the medical expenses and needs of employees injured on the job. Workers’ compensation insurance can also help workers with rehabilitation, lost wages, and expenses.
All employers in Arizona are required to have worker’s compensation for all their employees. This is a no-fault system where an injured employee has an entitlement to receive benefits in case of an industrial injury, it doesn’t matter who caused the job-related accident.
Even a job-related illness entitles the injured worker to receive medical benefits if the eligibility requirements are met. It is important for an employee to consult with the Arizona Workers Compensation Lawyers. We will thoroughly shine a light on your particular employment legal issues to help you receive the compensation you deserve.
The workers’ compensation system is set up for the benefit of both the worker and the employer. It protects both in the event of an accident. As no-fault insurance, the claim is handled under Federal and State guidelines protecting your employer from lawsuits and you from having to sue your employer.
Since it is a no-fault system, the benefits are limited; usually the cost of your medical expenses and a percentage of lost wages during your time off work. Other benefits for disability are also available. Even though workers’ compensation has existed in one form or another for over 100 years, it isn’t without complications, abuses of the system, or failures to fulfill a claim. That is why it is important to have an experienced workers’ compensation attorney helping you with your case.
Your attorney can help you with your claim, determine what benefits you should be seeking, calculate the compensation you are entitled to, and even help you find a qualified doctor that is familiar with workers’ compensation injuries and claims.
Workers’ Compensation Insurance
Arizona law requires employers to secure workers’ compensation insurance for their employees. As an employee, the workers’ compensation covers all your work-related injuries. However, self-inflicted injuries may reduce your chances of receiving benefits.
The types of benefits depend on state law and the nature and extent of the injury. If the injury limits you from working for a few days, you are entitled to temporary disability benefits which are usually two-thirds of the regular wages you receive.
In the case of an accident that has caused permanent damage, you may be entitled to permanent compensation benefits. Your medical treatment is also covered by the workers’ compensation for as long as is necessary. You may also receive vocational rehabilitation to help you in getting back to your job or training you for a new one.
An Arizona workers’ compensation lawyer may help you in claiming your compensation depending on the severity of the injury. The greater the injuries, the higher the stake in the workers’ compensation.
Insurance carriers need to answer to their investors. They scrutinize every claim and reject it if anything is out of order. If you have had a claim rejected, it is not too late to retain Snow Carpio and Weekley, to help you receive the benefits you deserve. We will help you prepare for your workers’ compensation hearing and be there by your side representing you at the hearing.
A Closer Look at Benefits
Arizona makes a range of benefits available to workers suffering from injuries or occupational illnesses. You should receive all the benefits you qualify for.
For example, you should not have to pay for medical care. Instead, your employer’s insurer should pay for:
- Emergency room visits
- Diagnostic tests
- Travel expenses to receive treatment
- Follow up visits with a doctor or specialist
- Medical devices
- Surgical expenses
- Prescription medications
- Physical therapy
Many workers cannot return to work promptly. That means their family’s income nosedives. Helpfully, wage loss benefits are available for many workers:
- Temporary Total Disability (TTD). If you can’t return to work due to a temporary disability, you should qualify for TTD benefits. You can typically receive two thirds of your average monthly wage, which is the amount you made in the 30 days before you were injured.
- Temporary Partial Disability (TPD). Some workers can return to work but not do everything they did before. They might need to take a job with reduced duties or fewer hours. TPD benefits help make up for some of their lost income—typically, two thirds of the difference between what they make on light duty and their average monthly wage before the accident.
- Permanent Partial Disability (PPD). Some injuries never heal. A worker who has permanent disabilities but can still work could receive PPD benefits. The amount will depend on the nature of your impairment.
- Permanent Total Disability (PTD). Some injuries or illnesses are so severe a person is totally disabled and can never work again. PTD benefits provide a crucial pillar of financial support for the fully disabled. PTD benefits are based on a worker’s average monthly wage.
· Death benefits. Certain family members can receive a benefit after a loved one dies in an on-the-job accident or from an occupational illness. Typically, a surviving spouse and minor children will split benefits. Contact our Arizona workers’ compensation attorney with questions.
What an Employer Should do if an Employee is Injured at Work
Upon an industrial injury notice, the employer is required to immediately provide specific information to the injured worker. The information includes:
The employer should then notify the Industrial Commission of Arizona within 10 days after being notified of a work-related injury. There are other reporting obligations under the Arizona Occupational Safety and Health Act that are best discussed with a lawyer.
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What Happens If an Employer Lacks Workers’ Compensation Insurance?
If you are injured while on the job and your employer hasn’t secured workers’ compensation insurance, you may take legal action. Which involves filing a civil suit against the employer. In the civil lawsuit, proof of injury will act as evidence of negligence by the employer. An employer that doesn’t secure workers’ compensation insurance is guilty of a Class 6 felony in Arizona.
Why Claims Are Denied
Nothing is more frustrating than having your claim denied after a bad accident. You should receive a written notice informing you of the reason why your claim was denied, such as:
- Missed deadline. You must file a claim for workers’ compensation within 1 year of your injury, in most cases. If you went over the deadline, then you can expect a denial.
- Non-work injury. Workers’ compensation benefits cover on-the-job injuries. But you might have hurt yourself on vacation or while doing yard work at home. Those are not work-related, so your claim will be denied.
- Drug or alcohol impairment. Although workers’ compensation benefits are no fault, there are limits. For example, your injury will not be covered if you were intoxicated or high at the time of the accident. Someone who slipped and fell due to intoxication will not receive benefits.
- Horse play. You might have been injured when playing around at work, in which case your claim will likely be denied.
- Lack of medical evidence. A claim might be denied because you don’t have medical evidence to back up your claimed injury. There might be a discrepancy between the injury you claim and your medical records, or you submitted no records at all.
These are some of the most common reasons given for denied claims. Never simply accept a denial. Instead, you have the right to file an appeal, and we can discuss whether that’s a good option for you.
Why is Snow, Carpio & Weekley, PLC, the Firm for You?
The workers’ compensation system was designed to streamline the process for injured workers to receive benefits. Sadly, many are facing high hurdles with little help from their employer’s insurance company. The process is too confusing for some workers, who give up even though they suffer from serious injuries.
Our workers’ compensation lawyers in Arizona provide important services to our clients. We can:
- Gather and review your medical records.
- Listen to you describe how your injuries have impacted your life.
- Answer any questions that you have about workers’ compensation.
- Perform an investigation to show the accident happened at work.
- Speak with witnesses to the accident to better understand how you were injured.
- Question doctors and medical experts to gain their perspective on your injuries, including whether you will heal.
- Request an appeal and present evidence before a judge.
- Negotiate a settlement for you.
Our clients reach out after having a claim denied or when a doctor clears them to return to work even though they feel extreme pain. It is vital to avoid delay.
Common Misconceptions about Workers’ Compensation
The internet is a great source of misinformation. Our dedicated workers’ compensation lawyers believe in empowering the public by providing accurate information about workers’ compensation benefits. Here are some of the most common myths:
- Myth: You can only receive benefits if you are hurt at work. Actually, it depends. You qualify if you were working at the time of your injury. Some people don’t have an office or regular job site. For example, you might make deliveries for your job, or you meet with clients away from the office. Generally, you can receive benefits if hurt while working. Call us to review the facts.
- Myth: You can’t choose your doctor. Under Arizona law, an employer can force you to meet with a doctor of their choosing once, unless they are self-insured. After that initial visit, you can choose a different doctor.
- Myth: Workers’ compensation lawyers are expensive, so you are better off representing yourself. The process for obtaining benefits is confusing for most people, and injured workers have little time to learn the law on their own, especially as they are resting or going to rehab. Our services are affordable—just call and ask!
- Myth: There is no rush to appeal. Wrong! You must file an appeal within 90 days to protect your rights. Ideally, you should call an attorney as soon as possible so you do not go past the deadline.
Let us answer any questions you have so you can make an informed choice about whether we are the right firm for you.
Hire an Arizona Workers’ Compensation Lawyer
Our experienced lawyers are ready to answer all your questions concerning your obligations and claims under workers’ compensation. We are committed to protecting your rights and enabling you to receive your full entitled benefits in workers’ compensation. Schedule your free consultation with us or give us a call at 877-370-5788.
As workers’ compensation specialists, Snow, Carpio & Weekley can help you with every step of the workers’
compensation process, helping you recover with the help you deserve.
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Our unique approach to working with our clients
At Snow, Carpio and Weekley, PLC, we don’t identify you by your injury or your claim. We recognize you by name and by face. You have an important life with people who look up to you and depend on you. We treat you with that same respect. We will work with you on your Workers’ Compensation or Social Security Disability claims, helping you secure the benefits you deserve; affording you dignity today and hope for the future.