A concussion is a brain injury caused by a blow to the head or a violent shaking of the body. If you suffered a concussion while on the job, it is imperative that you are able to effectively navigate the claims process. At Snow, Carpio and Weekley, PLC, we are dedicated to helping injured workers secure the full and fair benefits available to them under the law. In this article, our workers’ compensation attorney in Phoenix provides a comprehensive guide to the key things to know about your rights and your options if you suffered a concussion while on the job in Arizona.
Workplace Brain Injuries are a Significant Safety Hazard
Workplace brain injuries are a serious concern, often resulting from slips, falls, equipment-related accidents, or physical violence. In Arizona, they account for a significant number of work-related injuries. Notably, the National Institutes of Health (NIH) cites research showing that nearly one in four concussions suffered by working-age adults happen on the job.
All Concussions Require Immediate Medical Attention and the Proper Ongoing Care
If you sustained a suspected concussion while on the job in Arizona, it is imperative that you are able to secure the proper medical attention. Concussions—even though the symptoms can sometimes be seen as ‘minor’— are serious medical conditions that demand immediate attention and proper ongoing care. Symptoms may not be apparent immediately, making it crucial to seek a medical evaluation after a workplace incident.
An Overview of Workers’ Compensation Claims in Arizona
Sustained a suspected traumatic brain injury (TBI) on the job in Arizona? It is very important that you understand your rights and duties under Arizona state law. Here is an overview of the workers’ comp laws that are relevant for concussion victims:
- Virtually All Employers Must Provide Workers’ Comp Coverage: Almost all employers in Arizona are mandated by law to provide workers’ compensation insurance for their employees, regardless of the size of their workforce or the nature of their business.
- Workers’ Comp Insurance is No-Fault in Arizona: The workers’ compensation system in Arizona operates on a no-fault basis. This means that employees can avail themselves of benefits irrespective of whether the injury was a result of their own action or negligence. The key point is that the injury occurred while performing job-related duties.
- All Reasonable and Necessary Medical Care for a Concussion Covered: Workers’ compensation insurance covers all reasonable and necessary medical treatments related to the injury, including those for concussions. This extends from immediate emergency care to long-term treatments, such as physiotherapy or cognitive rehabilitation.
- You Can Seek Benefits for Missed Work and Permanent Impairment: In addition to medical expenses, workers’ compensation benefits in Arizona can include compensation for lost wages if the injury leads to missed work. If a concussion results in permanent impairment, the employee may also be eligible for long-term or lump-sum benefits, depending on the severity and lasting effects of the injury.
- A Workers’ Comp Denial in Arizona Can Be Appealed: A denied workers’ compensation claim is not the end of the road in Arizona. The Industrial Commission of Arizona provides a well-defined process for appealing denied claims. If you or your loved one had your claim denied, consult with our Phoenix, AZ workers’ comp appeals lawyer right away. There are strict deadlines to take legal action. Be proactive to protect your best interests.
You Can File You also May Have a Claim Against a Negligent Third Party
Under Arizona’s workers’ compensation law, injured employees can file claims against their employers to cover medical expenses and lost wages. However, if your injury is due to a negligent third party, such as a contractor, equipment manufacturer, or another entity not directly related to your employer, you may have another claim. Additional compensation may be recovered through a fault-based third-party liability claim.
Set Up a Free Consultation With a Workers’ Compensation Attorney in Phoenix, Arizona
At Snow, Carpio and Weekley, PLC, our Arizona workers’ comp lawyer is a devoted and experienced advocate for injured workers. If you or your loved one suffered a traumatic brain injury (TBI) while on the job in Arizona, we are ready to help you navigate the claims process. Call us at (877) 370-5788 or send us a direct message for a no-fee, no-obligation initial legal consultation. From our office in Phoenix, we represent injured workers in Maricopa County and throughout Arizona.