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Can Workers' Compensation Be Retroactive ?

Published October 31, 2022 by Matt Fendon Law Group | Workers' Compensation
Can Workers’ Compensation Be Retroactive

If you suffer an occupational injury or illness in Arizona, you could be entitled to monetary benefits through your employer’s workers’ compensation insurance. But if you failed to receive the benefits you believe you deserve, you may wonder whether you can get retroactive workers’ compensation benefits or workers’ compensation back pay. To learn more, continue reading or contact Matt Fendon Law Group for a free consultation.

Arizona Laws on Back Pay for Workers’ Compensation

When you file a workers’ compensation claim in Arizona, your medical benefits are typically available immediately. Any healthcare expenses you incur due to your work-related condition should be covered right away. However, you cannot begin collecting wage-loss or disability benefits until your claim is approved. Additionally, you must meet specific requirements before you receive certain benefits.

For instance, you may be entitled to temporary total disability (TTD) benefits if you must miss time at work while you recover, but only if you are out of work for at least seven consecutive calendar days. In addition, you can only recover TTD benefits for your first seven days of missed work if you are out for 14 days. These benefits are retroactive because they date back to when you first missed work. Similarly, if your occupational condition results in a permanent disability, you may be entitled to retroactive disability payments that go back to your date of discharge by the doctor.

In other cases, you may be entitled to back pay for a workers’ compensation claim that your employer or insurer unfairly undervalued or denied. When this occurs, you may need to file an appeal to demand the retroactive workers’ compensation benefits you are owed. To initiate the appeals process, you submit a written hearing request to the Industrial Commission of Arizona (ICA), which will assign your claim to an administrative law judge (ALJ). The ALJ will evaluate the facts of your case and issue a final decision, which you can only appeal by filing another written request for review with the ICA.

With a successful workers’ compensation claim or appeal, you could recover benefits that compensate you for lost wages, permanent disability, and more.

How Do I Get Retroactive Payments?

The best way to determine whether you are eligible for retroactive payments in your workers’ compensation claim is to discuss your case with a knowledgeable attorney. A workers’ compensation lawyer in Arizona can help you get the full benefits and back pay you deserve by:

  • Answering your questions and explaining your rights
  • Determining the total value of your workers’ compensation claim
  • Communicating with employers and insurers
  • Managing case documents and deadlines
  • Representing you during settlement discussions and ALJ hearings

Get Help from Workers’ Compensation Attorney in Arizona

You have rights as an injured worker. You do not have to stand by if your claim is unreasonably minimized or rejected by your employer or insurance provider. Matt Fendon Law Group stands up for the injured in Arizona, and our attorneys can begin work on your case immediately. Contact us now to discuss the details of your situation in a free consultation.

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