Are you struggling to get the care you need and pay your bills after a work-related injury or illness in Phoenix? If so, it’s time to talk to an attorney. The Phoenix workers’ compensation lawyers at Triumph Law Group have extensive experience representing injured workers and can guide you through the legal process.
We’ll handle all the details of your workers’ comp claim to help you claim your rightful benefits, and we can also see if you have grounds for a third-party claim to seek additional compensation. You don’t owe us any fees unless you recover compensation. Call 602-595-5559 now or complete our contact form for a free consultation.
Why You Need a Phoenix Workers’ Compensation Attorney
The legal process of a workers’ comp claim is complicated and full of pitfalls that could derail your claim. If you don’t include the right evidence or submit incorrect paperwork, your employer’s insurer may deny your claim or reduce your benefits. Your employer might even argue you don’t qualify for workers’ compensation despite meeting the state’s eligibility requirements. You’ll need a Phoenix workers’ comp lawyer to help you overcome these challenges and claim your rightful benefits.
Furthermore, it’s crucial to remember that workers’ compensation doesn’t cover all your losses from a work-related injury or illness. If you’re eligible to do so, you could claim additional compensation by filing a third-party injury claim. A Phoenix workers’ comp attorney can investigate the incident to see if someone other than your employer or a coworker is liable for your injuries. If so, your lawyer can file a third-party insurance claim and handle settlement negotiations to help you recover the money you need.
Who Qualifies for Workers’ Compensation in Arizona?
The Arizona Industrial Commission says most workers qualify for workers’ compensation benefits. Full-time, part-time, and most seasonal workers qualify for benefits. Three key groups who do not qualify for workers’ comp benefits are domestic servants, casual employees whose duties do not involve the employer’s standard business operations, and independent contractors. However, employers sometimes misclassify workers as contractors (intentionally or not), depriving eligible employees of their rightful benefits. Talk to a lawyer if you have questions about your eligibility for workers’ comp benefits.
Your eligibility for workers’ compensation starts on your first work day. However, workers’ compensation only covers injuries that occur in your workplace or while you are performing your work-related duties. For example, workers’ compensation does not cover injuries during your daily commute or while you’re running a personal errand on a break. That said, if your boss asks you to run an errand for them and you get in an accident, you would likely qualify for workers’ compensation because that errand was part of your job duties.
Common Work-Related Injuries and Accidents We Handle
Some common work-related injuries and accidents our Phoenix personal injury lawyers handle include:
- Slip-and-fall accidents
- Machinery accidents
- Construction site injuries
- Repetitive strain injuries
- Falls from heights
- Electrocutions
- Exposure to toxic chemicals
- Burns and explosions
- Vehicle accidents on the job
- Hearing loss from loud workplaces
- Workplace violence injuries
- Respiratory illnesses from dust or fumes
- Heavy lifting injuries
The Steps of an Arizona Workers’ Comp Claim
The basic steps of an Arizona workers’ compensation claim are as follows:
- Report the Injury – Tell your employer about your injury or illness as soon as possible. The longer you wait, the easier it is for your employer to argue that your injuries aren’t serious and deny your claim. Report the injury or illness in writing so you have a record of your report.
- Seek Medical Care – See a doctor right away, even if your injuries seem minor. Your employer decides where you receive initial treatment, but you can choose your own doctor afterward. Make sure to follow your doctor’s medical advice and keep records of your visits.
- File a Workers’ Comp Claim – Your employer should give you the paperwork you must submit to the Arizona Industrial Commission. Fill these forms out completely and submit them promptly to start the claims process. Under Arizona law, you must file your claim within one year of your injury (or diagnosis of a work-related illness) to preserve your right to workers’ comp benefits.
- Employer and Insurer Review – Next, your employer reports your injury or illness to their insurance company. The insurance company will investigate your claim and decide whether to approve your benefits.
- Receive Benefits (if Approved) – If your employer accepts your claim, you will receive benefits to cover your medical bills, lost wages, and more.
- Appeal a Denial (if Necessary) – If the insurance company denies your claim, you have the right to challenge the decision through a prescribed appeal process.
Workers’ Compensation Benefits for Injured Phoenix Workers
The amount of your workers’ compensation benefits depends on your pre-injury income, the severity of your injuries, how long your doctors expect your injuries to last, and other elements specific to your case. Based on these factors, your benefits could include:
- Medical benefits – If your employer approves your claim, they must cover the full cost of all reasonable, medically necessary treatments for your injury or illness. In most cases, these benefits last until you return to full health or reach Maximum Medical Improvement (MMI). Reaching MMI means further treatments won’t meaningfully improve your condition.
- Time loss benefits – Time loss benefits provide a portion of your pre-injury income while you can’t work. How long these benefits last and how much they’re worth depends on your pre-injury income, the extent of your disability, how long your injuries are expected to last, and so on. In most cases, disability benefits provide two-thirds of your pre-injury average montly wage, subject to state limits.
- Death benefits – In cases of fatal injuries or illnesses, the families of deceased workers can receive benefits equal to a portion of the deceased’s average income.
Workers’ compensation is a no-fault benefit for Arizona workers. In other words, you don’t need to prove you didn’t cause your injuries to claim your benefits. All that matters is that your injury happened at work or while you were performing your job-related duties.
Third-Party Injury Claims for Injured Phoenix Workers
You should always file a workers’ comp claim after a work-related injury or illness, as these benefits can make a huge, immediate difference in your recovery. However, workers’ compensation does not cover all your losses from a work-related accident.
If someone other than your employer or a coworker caused or contributed to your injury, you could be entitled to file a third-party injury claim. (You must file a lawsuit within two years of your injury to recover compensation.) For example, if your injury resulted from defective equipment, you might have a product liability claim against the manufacturer or designer. Similarly, you might have a premises liability claim against a property owner if an environmental hazard caused or contributed to your injury.
Unlike in a workers’ compensation claim, you must prove someone else was at fault for your injury to recover compensation in a third-party injury claim. The good news is that these claims can include compensation for losses workers’ comp doesn’t cover, such as:
- The full amount of your lost wages
- Lost future earning capacity
- Your pain and suffering
- Your emotional distress
- The cost to repair or replace any damaged personal property
Contact Our Phoenix Workers’ Compensation Lawyers Now for Legal Assistance
Our Phoenix workers’ compensation lawyers are ready to defend your rights and aid you in securing the benefits you’re entitled to. Call Triumph Law Group now or reach out online for a free case review.
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