Permanent Disability Attorney in Arizona
Permanent Disability and Dependents’ Benefits
When you are seeking permanent disability benefits, you need a lawyer you can trust. You need a workers’ compensation lawyer who can provide you with highly skilled and experienced legal representation.
The Arizona permanent disability attorneys at Matt Fendon Law Group have the knowledge and skills required to help you. We are prepared to help you navigate your claim and reduce the possibility that your claim will be denied. Our mission is to put you in the best position possible for a favorable outcome.
Our Arizona permanent disability lawyers assist with disability claims in any stage of the claim process. Matt Fendon Law Group has a reputation as an aggressive and reliable law firm. We are ready to help you.
To discuss your case during a free, no-obligation consultation, call us today.
Who Is Eligible for Permanent Disability Benefits?
If a workplace injury permanently leaves you unable to work, you could be eligible for workers’ compensation permanent total disability compensation. That means you will receive approximately 2/3 of your previous income up to the state maximum.
In a workplace accident where an employee loses both arms, hands, legs, feet, or eyes, or a combination of two or more of those body parts, you could be entitled to permanent total disability. Permanent total disability is paid for the rest of your life.
Types of Permanent Disability Benefits
In the state of Arizona, two types of permanent injuries, scheduled and unscheduled, are recognized:
- Scheduled Injuries. Scheduled injuries include permanent injuries to an arm, leg, hand, foot or eye. For a partial loss of one of these body parts, you will receive one-half of your average monthly wage. For complete loss of use of the body part, or an amputation, you are compensated with 55 percent of your average monthly wage. If your physician finds you cannot return to your job due to the injury, you will receive 75 percent of your average monthly wage.
- Unscheduled Injuries. All other types of permanent injuries are referred to as “unscheduled injuries.” These injuries include head, mental, shoulder, hip, and back injuries, as well as work-related diseases. The Industrial Commission of Arizona (ICA) will determine whether you will receive compensation for any unscheduled injuries.
If you are awarded permanent compensation for an unscheduled injury, you will be compensated, potentially for the rest of your life, for the difference between what you were able to earn before the injury and what you are able to earn now. If you are deemed to be totally disabled, you will be paid two-thirds of your average monthly wage. If you are determined to have an unscheduled permanent partial disability, you will be paid 55 percent of the difference of what you are able to make now versus your average monthly wage at the time of your injury. That is why it is so crucial to make sure your average monthly wage is set correctly which Matt Fendon Law Group can assist you with.
Who Is Eligible for Dependents’ Benefits?
Dependents are also eligible to receive survivor benefits in the event of a fatal workplace injury. If you are the child or spouse of a worker who died as a result of a work-related accident, you may be entitled to receive funeral expenses and up to 66 2/3 percent of the average monthly wages of your deceased loved one.
- Children of the deceased worker are entitled to receive benefits until they are 18. They may continue to receive benefits until age 22 if enrolled in school full-time.
- Spouses are entitled to receive survivor benefits for life, unless the surviving spouse remarries.
- In certain circumstances, parents and siblings can qualify to receive survivor benefits if they are able to establish dependency.
It can be complex to handle a permanent disability or survivor’s benefit claim alone, which is why you should reach out to us.
Frequently Asked Questions (FAQs)
Following are answers to frequently asked questions we receive. Your attorney can answer any other questions at your free consultation.
Permanent Disability
How is permanent scheduled impairment calculated?
Arizona calculates permanent disability benefits in different ways, depending on the affected body part and the extent of impairment. Arizona has a schedule for the amount and duration of permanent partial disability (PPD) benefits when you have lost the functional use of an extremity (for example, arm, hand, finger, foot or leg) or you have suffered loss of eyesight or hearing.
Your benefits will be based on a percentage of your pre-injury wages, including:
- 50 percent for partial loss of use
- 55 percent for total loss of use or amputation
- 75 percent if you cannot return to work because of lost use of the body part
You will receive those benefits for a period of time listed in the schedule for each affected part of the body. If you are permanently and totally disabled as a result of your work-related injury or illness, you may receive benefits for the rest of your life at the same rate as temporary total disability.
What is permanent impairment?
Permanent impairment, as defined by the permanent impairment guidelines, is the loss or limiting of function in a body part that can neither heal on its own nor be repaired. The impairment is typically determined based on the American Medical Association (AMA) guides to impairment.
What is permanent and stationary disability?
The permanent and stationary date is a medically determined date when your condition has stabilized and unlikely to get any better. At this point, you will be evaluated for permanent disability benefits for your injury. You will no longer be eligible for temporary disability benefits.
Talk to a Phoenix Permanent Disability Attorney Now
Applying for permanent disability benefits can be a complicated and time-consuming undertaking. Hiring an experienced attorney will make the application process easier. That will also give you the best chance of getting the benefits you deserve.
