All workers in Arizona have a right to a safe work environment. Employees who are injured on the job are entitled to workers’ compensation benefits. Unfortunately, benefit claims are frequently denied by workers’ comp insurance carriers or contested by employers. The best way to protect your rights if you have sustained a workplace injury or occupational illness is to consult with Disability Attorneys of Arizona.
Founding attorney Kiel Roeschke has a well-earned reputation as a dedicated advocate of injured and disabled workers. Our legal team is well-versed in the rules governing Arizona workers’ compensation claims and has a proven history of helping injured workers obtain the benefits they deserve. When you consult with us, we will work tirelessly to protect your rights and your well-being. The sooner you contact our office, the sooner we can start working on your Arizona workers compensation claim.
Am I Eligible For Workers’ Compensation Benefits In Arizona?
In Arizona, all employers are legally required to carry workers’ compensation insurance regardless of the number of employees they have. To be eligible for workers’ compensation benefits, the injury or illness must have occurred in the course of your employment. Workers’ compensation is a no-fault system, which means that injured workers are entitled to benefits regardless of who was at fault for the workplace injury.
At the same time, employers are protected against personal injury lawsuits by workers who sustain work-related illnesses and injuries. If your injury was caused by the gross negligence or willful misconduct of your employer or a coworker (e.g safety violations, assault) or the negligence of a third party (e.g. a general contractor at a construction site) however, you have the right to pursue a personal injury lawsuit.
Available Benefits Under Arizona’s Workers’ Compensation Program
If you have been injured on the job, you may be able to obtain benefits such as:
- Temporary benefits to replace up to two-thirds of an injured worker’s wages during the time he or she is out of work.
- Medical benefits to cover expenses for doctor visits, surgical procedures, prescription medications, rehabilitative care, physical therapy, and assistive devices, such as crutches and orthotic devices.
- Specific loss benefits to cover workers who sustain a permanent disfigurement or loss of use.
In addition, death benefits may also be rewarded to family members of a worker who was fatally injured on the job or subsequently passed away due to an occupational illness or injury.
Despite the availability of these benefits, many workers’ compensation claims are denied by insurance companies and employers, often by claiming that the injury was not work-related or that the injury does not prevent the employee from working.
If your workers’ compensation claim has been denied, you need the powerful representation Disability Attorneys of Arizona provides. Ultimately, having an experienced Phoenix workers compensation lawyer in your corner increases your likelihood of obtaining the benefits you deserve.
What to Do After a Workplace Injury in Phoenix
Experiencing a workplace injury can be a stressful and overwhelming situation, but taking the right steps immediately can protect your health and ensure you receive the benefits you deserve. Here’s what you should do if you’re injured on the job in Phoenix:
- Seek Immediate Medical Treatment:
Your health and safety should be your top priority. Seek medical attention as soon as possible, even if your injury seems minor. Immediate treatment can prevent complications and provide a clear record of your injury’s severity. Inform your doctor that the injury occurred at work, as this will be important for your workers’ compensation claim. - Notify Your Employer:
As soon as you can, inform your employer about the injury. In Arizona, you are required to report the injury to your employer as soon as possible. This is a critical step because your employer is legally obligated to report the injury to the Industrial Commission of Arizona (ICA) within 10 days of being notified. The ICA oversees workers’ compensation claims and ensures that injured workers receive the benefits they are entitled to. - Document Everything:
Keep detailed records of your medical treatment, including doctor visits, prescriptions, and any recommended therapies or procedures. These records will be essential in supporting your workers’ compensation claim. Additionally, document the circumstances of the injury, including the time, date, location, and any witnesses who saw the incident. This information can be vital if your claim is disputed. - Understand the Workers’ Compensation Process:
In Arizona, workers’ compensation is a no-fault system, meaning you do not need to prove that your employer was negligent to receive benefits. However, it’s important to follow all procedures carefully to avoid delays or denial of your claim. After you report your injury, your employer’s insurance company may require you to undergo a medical examination by an independent doctor of their choosing. The results of this exam can significantly impact your claim, so it’s important to attend and cooperate fully. - Consult with a Workers’ Compensation Attorney:
Navigating the workers’ compensation process can be complex, especially if your claim is disputed or if you’re not receiving the benefits you believe you’re entitled to. Consulting with an experienced workers’ compensation attorney can help you understand your rights and guide you through the process. An attorney can also assist in appealing a denied claim or negotiating a settlement that reflects the full extent of your injuries. - Follow Up on Your Claim:
Stay in regular contact with your employer, the ICA, and your attorney to ensure your claim is progressing smoothly. If you encounter any issues, such as delays in receiving benefits or additional medical evaluations, address them promptly.
By taking these steps, you can protect your health, preserve your legal rights, and increase your chances of a successful workers’ compensation claim. Remember, you don’t have to navigate this process alone. If you need assistance, consider reaching out to a legal professional who can help you through every step of the process.
Workers’ Compensation and Social Security Disability Benefits
If you have been injured on the job and are seeking workers’ compensation, you may also be eligible for Social Security disability benefits, as long as you qualify for SSDI. However, the combined amount of benefits is limited to 80 percent of your current wages. If your workers’ compensation benefits expire, the amount of disability benefits you receive may be increased.
At Disability Attorneys of Arizona, our practice is focused on fighting for the rights of injured workers. We leverage our skills and experience to help them obtain benefits under the state’s workers’ compensation program as well as Social Security disability benefits.
We understand the challenges of dealing with state and federal agencies and will make sure your benefits claims are handled professionally and expediently.
Contact our Experienced Phoenix Workers Compensation Attorneys
If you or a loved one has sustained a work-related injury or illness, turn to Disability Attorneys of Arizona. When you become our client, you can rest assured we will have your back and fight for the benefits you deserve. We offer free consultations and will not charge you any attorneys’ fees until we win benefits for you.
Please contact our office today to speak with our experienced workers’ compensation and disability benefits attorneys.
Common Worker Injuries for Phoenix Workers’ Compensation claims:
- Sprains and Strains:
- Overexertion or repetitive motion can lead to muscle strains or ligament sprains, commonly affecting the back, neck, and shoulders.
- Fractures:
- Falls, heavy machinery accidents, or being struck by objects can result in broken bones, which often require extensive medical treatment and recovery time.
- Cuts and Lacerations:
- Sharp tools, machinery, or accidental contact with sharp objects can cause serious cuts or lacerations, sometimes requiring stitches or surgery.
- Burns:
- Exposure to hot surfaces, chemicals, or electrical equipment can cause burns, ranging from minor to severe, potentially leading to permanent scarring or disability.
- Repetitive Strain Injuries (RSIs):
- Tasks that require repeated motions, such as typing or assembly line work, can lead to conditions like carpal tunnel syndrome or tendonitis.
- Back Injuries:
- Lifting heavy objects, improper lifting techniques, or slips and falls can cause back injuries, including herniated discs and chronic back pain.
- Head and Brain Injuries:
- Falls, falling objects, or machinery accidents can result in concussions or traumatic brain injuries, which may have long-term or permanent effects.
- Eye Injuries:
- Exposure to chemicals, flying debris, or insufficient eye protection can cause eye injuries, potentially leading to vision loss or blindness.
- Hearing Loss:
- Prolonged exposure to loud noises in the workplace, such as construction sites or factories, can lead to hearing loss or tinnitus.
- Chemical Exposure:
- Contact with hazardous chemicals can result in skin irritation, respiratory problems, or more serious conditions like chemical burns or poisoning.
- Crush Injuries:
- Heavy machinery or equipment accidents can cause crush injuries, which can damage muscles, bones, and internal organs.
- Amputations:
- Severe accidents involving machinery or tools can lead to the loss of limbs or digits, requiring extensive rehabilitation and prosthetics.
- Joint Injuries:
- Repetitive motions or acute trauma can cause joint injuries, such as torn ligaments or meniscus tears, particularly in the knees, elbows, and shoulders.
- Respiratory Conditions:
- Inhaling dust, fumes, or other hazardous substances can lead to respiratory issues, such as asthma, chronic bronchitis, or occupational lung diseases.
- Psychological Injuries:
- High-stress environments, traumatic incidents, or prolonged exposure to hazardous conditions can lead to mental health issues, such as anxiety, depression, or PTSD.
If you’ve experienced any of these injuries at work in Phoenix, it’s crucial to seek legal guidance to ensure you receive the compensation and benefits you deserve. Contact a Phoenix Workers’ Compensation attorney to discuss your case and protect your rights under Arizona workers compensation law.