Worker’s Compensation Lawyers in Phoenix Ready to Fight for You

When you get hurt on the job, it can turn your life upside down. The injury itself is enough to make life unpleasant. When you add in the additional stressors of not being able to work, lost wages, and potential legal fees, it’s enough to make anyone feel overwhelmed.

With the help of worker’s compensation lawyers in Phoenix, it may be possible to avoid some of the headaches and hassles during this already difficult time. Fighting on your behalf to ensure proper compensation following an on-the-job injury, worker’s compensation lawyers work with you to fight for your rights as an employee.

What Are My Rights When Injured on the Job?

It is important to keep in mind that all workplaces in the state of Arizona are required to maintain safe working conditions to ensure the safety and well-being of employees. From ensuring proper protective equipment to making sure the work environment is free from hazards, employers are legally required to create and maintain safe working standards at all times

If an employer fails to follow these expectations and it results in an employee being injured on the job, there are certain rights in place for the protection of injured employees. While each state determines the legal rights of injured workers, there are certain basics you should know. In the state of Arizona, workers are entitled to the following rights:

• The right to file a workplace illness or injury form.
• The right to receive medical treatment for workplace illnesses or injuries.
• The right to return to work if a medical professional deems them fit to return.
• The right to receive temporary or permanent disability compensation when the workplace illness or injury prevents returning to work.

If an employer tries to infringe upon or deny these rights, you should seek legal advice from an experienced worker’s compensation lawyer to make sure your rights are upheld to the fullest extent of state law. A worker’s compensation lawyer will be able to offer legal counsel on how to proceed, depending on the specifics of your case.

What Does a Worker’s Compensation Lawyer Do for Clients?

A worker’s compensation lawyer works on behalf of their client to ensure employers are not violating the rights of a worker regarding a workplace illness or injury claim. Working to gather information about the incident from the worker, a worker’s compensation lawyer acts as legal counsel whether the claim is submitted in a worker’s compensation court or state industrial court. They ensure that all the proper forms and documents are filled out and compiled.

They will also act as your legal representative in court sessions before a judge and in legal meetings with your employer. In some cases, a worker may be entitled to a settlement, and a worker’s compensation lawyer will be able to negotiate for the maximum amount possible. An experienced worker’s compensation lawyer will be able to explain your rights and answer any questions you may have about the proceedings of your claim or case.

What are the Different Types of Worker’s Compensation Claims?

There are two types of worker’s compensation claims in the state of Arizona. The first type of worker’s compensation claim is a medical-only claim. A medical-only claim is used when a worker experiences an injury or illness on the job but is able to return to work within seven days of the incident. This type of claim means that the worker is seeking compensation for the medical bills and expenses of treating the workplace injury.

The second type of worker’s compensation claim is a time-lost claim. A time-lost claim occurs when the worker is not able to return to work within the seven day period due to the advice of a medical professional. This type of claim can also be used when a worker is allowed to return to work but under limitations, such as light duty or limited hours, which may impact their overall wages following the injury.

Is Arizona a Worker’s Compensation No Fault State?

No fault in the legal system means that no one is at fault. It is commonly used in divorces but may also apply to areas such as worker’s compensation. Arizona is a no-fault worker’s compensation state. No-fault in a worker’s compensation case simply means that the worker is not at fault for being injured on the job. In the event of an injury, the company assumes the fault in the sense that they are required to keep workers safe while also training employees about on-the-job safety.

This means that even if a worker is injured by way of making a mistake on the job, they should still be entitled to worker’s compensation in the same way that an employee injured through no fault of their own would be entitled to worker’s compensation. However, it does not mean that an employee can willingly self-inflict injury in the hopes of filing a worker’s compensation claim.

What Should I Do When Injured on the Job?

When you are injured on the job, the first step will be to follow the state-mandated guidelines with your employer. In most cases, this means filling out an accident or incident form with your employer to ensure that there is a written record of the events. You should seek medical treatment following a workplace injury or illness as soon as possible. A medical visit will not only provide you with the necessary medical care for your injury but will also create an additional record you can use for a worker’s compensation case.

If the medical professional deems you may return to work immediately, that will likely be the end of the road. If the medical professional deems that you need to miss work due to your injuries or illness, you will have the option of filing a worker’s compensation claim. From there, the specifics and severity of the injury (as well as the anticipated recovery time) will determine the next steps in a worker’s compensation case.

Why Was My Worker’s Compensation Claim Denied?

There may be several reasons for a worker’s compensation claim to be denied. For starters, the injury may not warrant time away from work, and the worker may be able to return to work the next day even though a claim has already been filed. Many people falsely think that a worker’s compensation claim automatically means time off work and receiving lost income, but if the injury or illness does not warrant time off for recovery due to the workplace injury, the filed claim will be denied.

There are also instances where a claim may be denied due to a lack of proper documentation, such as incident reports and medical records. Whatever the reason may be for an appeals process, speaking with an experienced worker’s compensation lawyer is a smart move when you have concerns about your claim and your rights as a worker following an injury or illness.

Can a Worker’s Compensation Lawyer Help Me?

While you may worry about the cost of seeking legal counsel during this already difficult time, it is worth remembering that your lawyer will fight for your best interests as their client. From ensuring you receive all of the monetary support you deserve to fight it out for permanent disability benefits when warranted, your lawyer will fight on your behalf while acting as a guide throughout this stressful legal process.

They will be able to answer any questions or address your concerns throughout the case, which is always helpful when dealing with something as complex as the legal system. Finally, a worker’s compensation lawyer will be able to act as your legal representative should the case go before a judge.

What is Third Party Negligence?

Third-party negligence occurs when a worker is injured on the job due to faulty equipment from the manufacturer of the equipment. It does not mean that any worker injured using machinery or equipment at work is able to file for third-party negligence. In order for third-party negligence to be present, the equipment would need to be faulty in operation or design when the manufacturer sold it to the company where the worker is employed and injured.

It does not typically apply to an injury that occurs as a result of poorly maintained equipment. If third-party negligence is a factor in the injury, the worker may be entitled to additional compensation from the manufacturer of the faulty equipment. The process of filing a third-party negligence claim or lawsuit is in addition to filing the worker’s compensation claim. If you are concerned that your injury was a result of faulty equipment, a lawyer may be able to help you seek the financial compensation you deserve.

Are There Different Types of Worker’s Compensation Benefits?

While worker’s compensation benefits are pretty straightforward, there are a few things to know. The Arizona guideline is that a worker who qualifies for worker’s compensation benefits may receive up to 66% of their monthly income and coverage of medical expenses related to the injury. There is no set amount of financial compensation or length of approved benefits that ensures the same standards for every worker. This is because every worker and every injury is unique. While one person may be injured on the job and receive worker’s compensation benefits in the form of medical benefits, another injured worker may end up with covered medical expenses and several months of income compensation.

In more extreme cases, a worker may die as a result of a workplace injury. In this scenario, Arizona allows for approved worker’s compensation income benefits to be collected by family members. The person receiving the benefits should be spouses, dependents, or children of the deceased, but the term family member may apply to someone else, such as a parent or sibling, which is why speaking with a lawyer may be the best move when seeking death benefits.

Reach Out Today

Being injured on the job is always a time of emotional distress. Aside from the pain and suffering caused by the injury itself, there is always the concern of lost wages and long-term consequences. Whether out of work for a few weeks, months, or even longer, you deserve someone in your corner willing to fight for your rights. Contact us today at 602-686-9936 for a free consultation on your case and the claims process.