Workers' Compensation Law Firm in Arizona
Workers’ Compensation Lawyer in Arizona
Have you been hurt on the job in Arizona? The experienced workers’ compensation attorneys at Matt Fendon Law Group are here for you. Our attorneys can help you determine if you are eligible to receive benefits for your injuries – and then fight for the maximum compensation you are entitled to under the law.
If you suffered an injury on the job in Arizona, you may be facing costly medical bills and lost wages. You may need vocational rehabilitation to learn new skills. Fortunately, Arizona workers’ compensation benefits provide financial benefits during your injury. If you are eligible for those benefits, our goal is to help you obtain them.
Here’s what Arizona workers’ compensation covers:
- Workplace accidents or injuries.
- Lost wages. You may lose your wages when you take time off from work to recover. Payments will be based on your average monthly wage before you were injured.
- Ongoing care for more severe injuries. Serious injuries may require surgeries and weeks or months of physical therapy to heal.
- Work-related illnesses. Illnesses can be caused by exposure to unhealthy working conditions or substances.
- Repetitive injuries. Repeated strains can cause injuries such as carpal tunnel syndrome.
- Funeral costs and death benefits. These benefits may be provided to the family of a worker who dies in an accident at work.
- Disability benefits. These benefits may be provided when a workplace injury or disease keeps you from returning to work.
The highly skilled workers’ compensation attorneys at Matt Fendon Law Group have handled claims for workers in Phoenix, Flagstaff, Tucson, Prescott Valley, and across Arizona. We understand the requirements of Arizona’s workers’ comp laws. We know how to pursue the benefits you need and deserve.
To learn how we can help with your Arizona workers’ comp case, call Matt Fendon Law Group today toll-free. We will schedule a free and confidential consultation.
How a Workers’ Compensation Attorney in Arizona Can Help With Your Claim
Arizona worker’s compensation benefits are paid through insurance companies. Those companies will try to minimize claims like yours – or deny them altogether. If you have a dispute about your benefits, the insurance company will be represented by high-powered defense attorneys.
The Arizona workers’ comp system can be extremely complex. You can make costly mistakes if you attempt to represent yourself. Instead, turn to an experienced Arizona workers’ compensation attorney at Matt Fendon Law Group. Our attorneys can:
- Explain your rights.
- Negotiate with the insurance carrier.
- Bring the case before the Industrial Commission of Arizona (ICA, or the agency that oversees workers’ compensation in Arizona).
- Represent you at a hearing, if your claim requires a hearing before an administrative law judge.
- File a lawsuit if your employer has failed to maintain workers’ compensation insurance.
At Matt Fendon Law Group, we know that no amount of money can fully undo the harm of your injury. Your Arizona workers’ compensation benefits can ensure that you get the medical treatment you need. Our skilled and compassionate attorneys can help you seek compensation for lost wages and medical bills. If you able to work for either a short or lengthy time, we can help you pursue disability benefits. Depending on your injuries, those benefits may be temporary, permanent, partial or total.
Whatever type of injury you have suffered, it costs nothing to discuss your workplace injury case with us. Our initial consultations are always free. We can give you straightforward advice about the next steps. We can help you explore your legal options. If you decide to pursue your workers’ comp claim with us, you won’t owe us a dime until we recover compensation for you.
Medical Benefits Under Workers’ Comp
Following your workplace injury, your employer can choose the doctor you see first for medical treatment. After that initial treatment, you can choose your own physician.
Workers’ comp benefits cover all reasonable and necessary medical expenses associated with your injury or illness. Those expenses may include hospital visits, prescription drugs and physical therapy. You can be reimbursed for your travel expenses to doctors’ offices or therapy appointments.
Wage Loss and Disability Benefits
In some circumstances, you may be entitled to lost income benefits when you miss work because of your injury. If your disability is permanent and total, your benefits will equal 2/3 of your average monthly wage, up to the state’s maximum benefit amount.
- Permanent Impairment Benefits – The benefits you may receive for permanent impairment depend on many factors. The most important aspect is how severe and debilitating your injury is. Workers’ comp for permanent injuries is typically paid once a month. The amount of those payments may be calculated in several different ways.
For scheduled injuries, use the following guidelines:
- Partial Loss – 50% of average monthly wage
- Amputation – 55% of average monthly wage
- Total Loss – 75% of average monthly wage
The amount of the scheduled disability benefit is also dependent on the amount of permanent impairment the doctor that closes your case provides.
For unscheduled injuries, other factors – for example, your age and work history – are used when calculating the payment you will receive. The amount of income you will be able to earn in the future is also considered.
- Permanent Unscheduled Total Benefits – If you are permanently and totally disabled due to your work-related injury, you may get benefits for the rest of your life. Certain impairments are considered permanent, total disabilities. Those impairments include:
- Loss of sight in both eyes
- Amputations of feet or hands
- A spinal injury that has caused paralysis
- Serious mental impairments due to a traumatic brain injury
- Permanent Unscheduled Partial Disability benefits – This benefit is for a disability involving typically the “trunk” of your body – backs, head, shoulders, hips, mental, multiple scheduled impairments. To qualify for permanent partial disability benefits, you must earn less income after your injury than you made before you were injured due to your work restrictions. These benefits may also be paid if you are unable to return to work or find an appropriate job.
- Temporary Total Benefits – If you are unable to work at any time during your recovery, you will receive temporary total disability (TTD) benefits. TTD benefits are paid to injured workers who are temporarily unable to return to work. Those benefits are equal to two-thirds of your average monthly wage before you were injured. TTD benefits are capped at a certain amount, and that amount changes every year.
- Temporary Partial Benefits – Temporary partial disability benefits are paid to injured workers who return to work but are unable to perform all of their duties. For that reason, those workers earn less income as they recover. A doctor must specify what restrictions prevent the worker from doing all of the pre-injury work. Temporary partial benefits amount to two-thirds of the difference between the pre-injury monthly wages and the earnings during recovery.
Death and Dependent’s Benefits
When a workplace injury results in a death, the surviving spouse or surviving dependents of the deceased worker must file a claim with the ICA to secure workers’ compensation benefits and burial expenses. Typically, death benefits are limited to spouses, children and other family members who relied financially on the deceased worker.
Death and dependent’s benefits may include:
- Compensation for medical bills relating to the final injury
- A burial allowance
- Wage replacement benefits
Every family situation is different, and the laws associated with workers’ comp death benefits can be difficult to understand. Speak with a qualified Arizona workers’ compensation law firm following the death of your loved one. An attorney from the law firm can explain your rights and privileges as a survivor.
Statute of Limitations on Arizona Workers’ Compensation Claims
If you suffer an injury from a work-related accident, you must report that event to your employer. The employer must then report the injury to the insurance company. Without that report, the insurance company will deny the claim for benefits.
In Arizona, it is the injured worker’s duty to file a claim for workers’ comp benefits with the ICA. The worker can do this in one of two ways:
- Submit a Worker’s and Physician’s Report of Injury.
- File a Worker’s Report of Injury.
The statute of limitations for filing a workers’ compensation claim in Arizona is one year. The limitations period begins to run when the accident happened or when the employee’s injuries were discovered.
What to Do If You Have Been Hurt at Work
- Report your workplace injury. If you sustain a workplace injury, let your employer know. Once notified, the employer is required by law to give you information about the workers’ compensation insurance carrier. That information should include:
- The name and address of the insurance carrier
- The policy number
- The date of expiration of coverage
- See a doctor. It’s in your best interest to schedule a doctor’s appointment as soon as possible. Delaying medical help could jeopardize the approval of your claim. The delay could also negatively affect your ability to prove the claim.
When discussing your injury or illness with your doctor, you will be asked if it is work-related. After you acknowledge it was a workplace injury, you will be given a Worker’s and Physician’s Report of Injury. This officially starts the claims process. If you do not receive this paperwork from the doctor, you may get a form, the Worker’s Report of Injury, from the ICA.
- Submit all required paperwork. Once you are in possession of either the Worker’s and Physician’s Report of Injury form or the Worker’s Report of Injury form, complete it and file it by mail with the ICA. If you do not do this, you cannot receive benefits. Any delay in following through on this will slow down the processing of your claim and affect how quickly you receive benefits.
- Preserve your right to file a lawsuit. The workers’ compensation system in Arizona is “no-fault.” That means injured workers always receive medical benefits and compensation, no matter what caused the work-related accident. The trade-off for this no-fault system is that you generally cannot sue your employer. However, in some cases, employees can file civil lawsuits.
Situations that give rise to a lawsuit include those in which a worker has been injured due to the willful misconduct of an employer. A lawsuit can also be brought if the employer does not have workers’ comp insurance. If a civil lawsuit can be brought, the financial compensation is not limited by workers’ compensation laws. If you have questions regarding your situation, it’s best to consult with an experienced workers’ comp lawyer in Arizona.
- Pay close attention. It is critical that you pay attention to all deadlines, requests for information, and meetings related to your workers’ compensation claim. Missing a deadline can result in the loss of your benefits.
What Happens If My Workers’ Comp Claim Is Denied?
If your workers’ comp claim is denied, you have 90 days to file a request for a hearing. To do so, you will need to complete and submit a hearing request form to the ICA. You can also write a letter to the ICA requesting a hearing. You will then receive a letter from the ICA with the date and time of your hearing.
If your claim has been denied, contact Matt Fendon Law Group immediately to discuss your legal rights. We can help you navigate the complicated appeals process.
Talk to an Arizona Workers’ Compensation Attorney Now
At Matt Fendon Law Group, our Arizona workers’ compensation lawyers fight for the legal rights of injured workers and their families. Our highly skilled and experienced attorneys will handle all aspects of your workers’ compensation claim. That allows you to focus on your recovery. We can help no matter how complex your case is.
Call Matt Fendon Law Group now toll-free. We will schedule a free initial consultation with our knowledgeable and compassionate Arizona workers’ comp attorneys. We are ready to answer all of your questions and help you get your life back on track.