Were you injured performing your duties at work, or due to long term repetitive motions or exposure to toxins? You may be concerned about eligibility for benefits. The program is a “no-fault” system that was put in place to protect both employers and workers. Companies that employ one or more workers full or part time, are required to be covered by the program.
Your employer pays the premiums, which are increased when claims are filed. In some cases, the employer contests the fact that you were injured at work, and claims that you are either exaggerating the degree of injury, or that it took place elsewhere. In some cases, they hire an investigator to see if the person filing the claim is not being honest about the degree of injury. This is just one of several scenarios that could create problems in seeking benefits for an injury.
Any work-related injury is covered by workers’ compensation. You, as the employee, have the full responsibility to ensure that you report your injury, illness or condition to your employer as soon as you become aware that it exists. Waiting to report your injuries can lead to delays or a denial of benefits. You are required to file your claim within one year of the date of the injury, or from the time that you became aware of the condition or illness.
If you were injured at work, and had to be treated at the emergency room, it is important to inform the doctor that this is a job-related injury. You will be given a pink form that you must complete and sign at that time. This is an important issue in an injury claim, but if you have failed to complete the pink form, another form can be filed. In many cases, it is far easier to have a claim managed by a professional workers’ compensation lawyer that ensures that all of the processes and procedures are in place, so that the issues surrounding getting all the benefits you are eligible to receive are requested, as your injury case will require documentation to support your claim.
The two types of acceptable claims include medical only, with no time lost, and those that include time lost from work. If you could not work due to your injuries, you are eligible for temporary compensation for lost wages. The doctor treating you must state that you are unable to work, and that you will be off work for more than 7 days. You are only paid for lost wages after the first 7 days.
The payment you are due is at the rate of about 2/3 of the amount you are paid in monthly wages, up to a maximum of $4,185.78. There are no cost of living increases to pursue through this program. If you are denied benefits, you have only 90 days from the date of denial to challenge the decision.
Get help from our Phoenix workers’ compensation lawyer at the Fendon Law Firm to help you get the benefits you deserve.