Matt Fendon Law Group Legal Blog
SS and Working
Did you know you can work and file for Social Security Disability? SS allows a claimant to have a trial work period (TWP) even before they are found disabled by a judge. However, a TWP cannot begin until a year after onset of disability. In other words, if you are disabled, and then return to…
Permanent Compensation (Unscheduled)
If you injure your shoulder, back, neck, head, and a variety of other bodily injuries while working, you are only compensated on a permanent basis if you cannot return to work and earn what you were earning at the date of injury. The worker’s compensation system is based on loss of earning capacity. This is…
Travel Reimbursements
Did you know that if you’re injured on the job and have to travel across the metropolitan area of Phoenix (e.g., Mesa to Peoria), you may not be eligible for travel reimbursement per case law? Case law says that an injured worker is only eligible for travel reimbursements if they travel outside the area they…
Cash Is Not Always King!
Some employees are paid cash. This may sound great but it can and will create a lot of problems for employees. Aside from issues with the IRS, if you’re injured on the job and are paid cash, it may be extremely difficult to prove you were an employee. Plus even if your WC claim is…
Uninsured Employers
Just because your employer does not have worker’s compensation insurance, doesn’t mean you can’t file a claim. In Arizona, non insured claims are sent to the Special Fund of the Industrial Commission for processing and payment if accepted. Also, if your employer is negligent and doesn’t have WC insurance, you could sue them in tort….
20-Day Letters
Worker’s comp insurance carriers will send letters to injured workers requesting that they respond and note future medical appointments, and the fact the injured worker is still seeking treatment. These are very important because if the injured worker does not return it, or enters the wrong information, it can result in their benefits being terminated…
Concurrent Employment
Did you know that if you are working two jobs and are injured on one of them, the date of injury employer is responsible for lost wages on both jobs? Insurance carriers frequently leave out wages from other employers when employees are working two jobs when calculating an injured worker’s average monthly wage. This is…
What Are Independent Medical Exams
Independent medical examiners are typically doctors hired by insurance companies to render an opinion regarding an injured worker. In most cases, they are hardly “independent” as the carriers seem to use the same stable of doctors, and the physicians write reports that are more favorable to the carriers. Without naming names, please feel free to…