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Phoenix Arizona Workers Compensation Lawyers
Arizona On The Job Injury Attorneys
Serving Phoenix, Scottsdale, Ahwatukee,
Cave Creek,
Chandler,
Flagstaff,
Gilbert,
Glendale,
Mesa,
Peoria, Queen Creek,
Sun City,
Surprise,
Tempe
Are you in need of a trusted Arizona worker's compensation lawyer?
Thomas C. Wilmer, P.C. has provided skilled legal guidance to those
who have suffered injuries in the workplace since 1990. Those living in
the Ahwatukee. C handler, Gilbert, Mesa, Peoria, Queen Creek, Sun City
and Tempe areas can count on us for strong legal representation. We
provide our services to those in the Cave Creek, Flagstaff, Glendale,
Payson, Phoenix, Scottsdale and Surprise communities. When you are
researching Arizona workman's compensation attorneys in the area, keep
in mind that skill, experience and knowledge are key to a successful
outcome.
The Arizona Worker's
Compensation Act provides that those injured while in the course and
scope of their employment shall be provided medical and compensation
benefits irrespective of fault. For example, even if your work related
injury is due to your own fault, you are nonetheless eligible for
worker's compensation benefits. There are a wide variety of occurrences
which can support an award for worker's compensation benefits. They
include some of the following:
- Acute physical injuries
- Exposure to toxins, pollutants, diseases and irritants
- Injuries gradually developing over time due to cumulative trauma
- Aggravation or exacerbation of pre-existing condition regardless of whether the prior condition is work related or not
- Mental stress injuries resulting from unexpected or unusual stress at work
- Personal injuries caused by others outside of your employment while you are on the j
DO I NEED AN INJURY ATTORNEY IN ARIZONA?
The answer is a definite yes. Many people have the
notion that the worker's compensation system is simple and
straightforward and, if you are injured on the job, benefits will flow
without any difficulty. That is a misconception that has led to many
injured workers losing valuable benefits.
The most important thing to
understand is that the worker's compensation benefits are paid through
insurance companies. Insurance companies in the worker's compensation
system are no different than insurance companies in other aspects of
life; they like to hold onto as much money as possible. Should you
have a dispute with a worker's compensation carrier, they will be
represented by capable defense counsel. Believe it or not, the
worker's compensation system can be very complicated and you are at risk
of losing valuable benefits if you attempt to represent yourself.
WORK RELATED PERSONAL INJURY CLAIMS
In some instances, workers who are injured not only
have a right to pursue a claim for worker's compensation, they may also
seek a civil remedy against others outside of their employment who may
be responsible for their injuries. For example, if you are injured by a
negligent motorist while on the job, you can pursue both a worker's
compensation claim and a personal injury. However, your right to
pursue a civil remedy when you are collecting worker's compensation
benefits is limited. Unlike the non- work related accidents, your right
to file a lawsuit against the responsible party is limited to one year.
If you do not file your claim within the one year time period, your
right to sue is then transferred to the worker's compensation carrier to
allow it to pursue a claim for reimbursement of the medical and
compensation benefits paid to you. Although you may request that the
worker's compensation carrier reassign you the right to pursue your
claim after the one year anniversary and prior to the two year statute
of limitations, the worker's compensation carrier sometimes will place
unfavorable conditions upon the reassignment. In addition, in some
instances, the worker's compensation carrier will not reassign you your
right to pursue your claim after the one year anniversary.
Accordingly, it is very important that you hire an Phoenix injury attorney
that has the experience in both worker's compensation and personal
injury matters. The Law Office of Thomas C. Wilmer, P.C. is one of the
very few Arizona Law firms that has this combined experience.
There are many circumstances
in which an individual may sustain injuries at work or you may sustain
injuries caused by machinery, dangerous conditions in the field or as a
result of the negligence of others. In such complex cases, an Arizona
work injuries lawyer may be required to help you determine who is in
fact responsible, so that you know which direction to go in. Those who
work in the construction industry face much higher risks of injury than
those working in other industries. In fact, there are more injuries and
fatalities each year in construction work than in any other type of
work. Arizona construction accident experience will help determine
whether you have a claim, who should be held accountable, and how to
proceed. These types of injuries are often complex; do you hold the
property owner accountable, or the general contractor? There are many
questions you need answers to.
YOUR WORKER'S COMPENSATION OBLIGATIONS AND RIGHTS
This brief summary should provide you with some of the most basic things that you should know about .
Report your injury ASAP!
First and foremost, it is
important for you to inform your employer as soon as possible if you
have been injured at work. Under the Arizona Worker's Compensation Act,
the injured worker is to report the injury "forthwith" and if he or she
fails to do so, the employer and worker's compensation carrier can
assert that as a defense should your claim be denied. The failure to
forthwith report can be excused under certain circumstances, however, it
is always best that you report your injury as soon as possible.
File your claim
In addition to reporting your
injury as soon as possible, you must file your claim for worker's
compensation benefits within one year from the date of your accident or
time within which you should reasonably discover that you have been
injured. Injured workers are not expected to possess the skill and
knowledge of medical doctors and, in some instances, a worker will not
realize that their condition is related to their work employment until a
doctor informs them that this is the case. Under those circumstances,
once a worker discovers that their condition is work related, they
should follow the forthwith reporting guidelines discussed above and
report their claim as soon as possible.
In order to file a worker's
compensation claim, you must file either a Worker's Report of Injury or a
Physician's Report of Injury with the Industrial Commission of Arizona.
Do not rely upon your employer to file a claim for you. Although the
employer is required to file an Employer's Report of Injury, that form
does not initiate a claim on your behalf, nor does it trigger the
notification process. All physicians are expected to maintain
Physician's Report of Injury forms in their office. The doctor is
under the requirement to complete the form and forward it to the
Industrial Commission of Arizona if he or she learns that your injury
has occurred at work. The system is not perfect and, therefore, this
does not always occur. For your best protection, you should always
file a Worker's Report of Injury form as soon as possible. These forms
can be obtained from the Industrial Commission of Arizona in person or
can be downloaded from the ICA website. We also maintain these forms in
our office and we would be happy to assist you should you wish to file a
Worker's Report of Injury. Remember, if your claim is not filed within
one year from the date of your injury, your claim may be time barred.
Do not rely upon advise from non-attorneys
You should never rely upon
information which may be given to you by the worker's compensation
insurance carrier or the Industrial Commission of Arizona. Insurance
company and ICA employees should not give legal advice to injured
workers. However, insurance representatives and claims personnel often
give information that is incorrect or incomplete. You should not
blindly rely upon what you are told. You should always consult with an Scottsdale injury attorney to insure that your rights are adequately protected.
Choosing a doctor
Under the Worker's
Compensation Act, injured workers are entitled to receive medical
benefits both current and future. If your employer is not self-insured,
you have the right to choose your own physician. Some large employers
are self-insured and, under those circumstances, you must follow your
employer's wishes with respect to whom you treat with However,
self-insured employers make up a very small percentage of Arizona
employers and, in most instances, you have the right to choose your own
physician.
Customarily, once you report
your injury, your employer will most likely direct you to an industrial
medical clinic to undergo treatment. In this writer's view, many of
these industrial clinics adhere to policies which favor employers more
than injured workers. Accordingly, you are best served to treat with a
physician of your own choice that specializes in treating your
condition.
Under Industrial Commission
rule, if you treat with the initial doctor on more than one occasion, it
is deemed that you have elected that doctor as your treating physician.
That does not necessarily mean that you are stuck with that doctor.
Industrial Commission rule permits you to file a Petition to Change
Physicians and you should do so if you require specialized treatment.
The Industrial Commission of Arizona can assist you in filing a Petition
to Change Physicians. Our office will be more than glad to help you in
this regard as well.
Compensation payments
Following your injury, as long
as you require active medical treatment, your claim is considered to be
open. If you are unable to work or your physician places work
restrictions upon you, you may be entitled to compensation benefits.
You do not qualify for worker's compensation benefits unless you have
been totally or partially disabled for more than 7 days. If you are
disabled for less than 15 days, you are not entitled to compensation
benefits for the first seven days. If, however, your disability goes
beyond 14 days, you are then entitled to receive benefits which cover
the first week that you are disabled.
If your physician places you on a no-work status,
you are entitled to receive compensation benefits every two weeks. If
your doctor indicates that you are released to perform light duty
status, you should contact your employer to determine if they have work
that is available for you. If they do, you must perform that work and,
if you refuse to do so, the money that you would have received from
that work can be counted against your worker's compensation benefits.
If your employer does not have light duty work available for you, you
are obligated to search for work that is within your restrictions.
While on light duty status, your compensation
benefits are paid every thirty days. Prior to receiving payment, you
are required to fill out forms which reportS the earnings that you have
obtained or, alternatively, places you have looked for work. If you
have earnings while on light duty status, the earnings are subtracted
from your average monthly wage and you then receive two thirds of the
monies that you have lost.
Average monthly wage calculation
The average monthly wage
calculation is one of the most important determinations and has a
tremendous impact on your entitlement to benefits. The average monthly
wage is the measuring stick from which your benefits are measured.
While you are completely off of work, you receive two thirds of your
average monthly wage to compensate you. If you have partial earnings
while on light duty status, you receive two thirds of the deficiency
representing your loss of earnings after taking into account your
partial earnings. In addition, once your claim is closed, if you are
entitled to a permanent disability, the average monthly wage calculation
is again used to measure those benefits.
Because of the importance of
the average monthly wage calculation, you must be sure that your wage
calculation is correct. The average monthly wage calculation is
initially made by the insurance carrier but then reviewed by the
Industrial Commission of Arizona. Once reviewed, the ICA will issue a
Notice of Average Monthly Wage: Under Arizona law, all wages earned by
you at the time of your injury are to be considered. Many people work
more than one job at any given time. The earnings from both
employments should be combined to determine your average monthly wage.
Some average monthly wage calculations may not reflect your actual
average monthly earnings. There are many different ways to calculate
your average monthly wage and, in some instances, the insurance carrier
will do its best to come up with the lowest calculation. The wage
calculation reported by the insurance carrier to the Industrial
Commission of Arizona will result in an ICA Award setting your average
monthly wage. If it is incorrect, request a hearing as soon as
possible.
Hearing rights
All of the determinations
relative to claim process are subject to your protest if you are in
disagreement. For example, the Industrial Commission Notice of Average
Monthly Wage provides that you must file a Request for Hearing within
90 days of the date the Notice is issued if you disagree with the
calculation. In addition, insurance companies issue Notices of Claim
Status which inform you as to their decision making. This may include a
Notice of Claim Status denying your claim for benefits or a Notice of
Claim Status attempting to close your claim. These Notices provide
that, if you disagree with the determination, you must file a Request
for Hearing with the Industrial Commission of Arizona within 90 days of
the date the Notice issued. If you fail to file a timely protest, the
Notice is deemed final.
Permanent disability payments
At the time your claim is
closed, if your injury results in a permanent impairment, you will be
entitled to one of two different types of disability. Scheduled
disabilities are calculated based upon a formula set forth in the
Worker's Compensation Act. These benefits are limited to a payment over
a number of months and, once the payment is completed, that is the end
of your compensation. Unscheduled benefits are paid based upon any loss
of earning capacity that you may have sustained. Some scheduled
injuries may be converted to an unscheduled disability which is
certainly more favorable in the event that you have sustained a
permanent loss of earning capacity and will have diminished earnings
over the remainder of your life. You should definitely seek advice of
counsel at the time of the closure of your claim to insure that you are
receiving adequate compensation benefits.
Adjustment of long-term permanent disability payments
In addition to reopening your
claim, if you are receiving long term permanent partial disability
worker's compensation benefits, if your condition should change such
that your employability changes in the future, you can petition to
rearrange your disability payment. Again, the change in benefits is
effective from and the date you file your Petition and, therefore, it is
important that you seek that remedy as soon as possible.
Right to future treatment
Once your claim is closed, you
nonetheless have the right to seek benefits in the future should there
be changes in your circumstances. The Arizona Worker's Compensation Act
allows you to file a Petition to Reopen your claim in the event there
is something new, additional or previously undiscovered. In many
instances additional medical needs develop well after a worker's
compensation claim is closed. Under these circumstances, you can file a
Petition to Reopen your claim. However, it is important that you file
your Petition to Reopen prior to undergoing hospitalization or surgery
unless it is a dire emergency. If that is the case, you must still file
your Petition to Reopen within 7 days of the emergency treatment and 15
days of any other medical treatment. All benefits generally run from
and after the date the Petition to Reopen is filed and, therefore, it is
of utmost importance that you file your Petition as soon as you wish to
reopen your claim.
Maintenance medical benefits
In addition to entitlement for
future treatment, the Worker's Compensation Act of Arizona also
provides for supportive care which consists of pre-approved treatment
set aside to help maintain your condition. This may consist of an
award that allows for annual office visits with medication. In some
instances, supportive care is much greater and provides for repeat
testing, injections, etc. Your entitlement to supportive care is
guaranteed under the Worker's Compensation Act and is available at any
time after your claim is closed. In many instances, it is necessary to
seek the assistance of the Industrial Commission of Arizona, to include
requesting a hearing with an Administrative Law Judge, to obtain these
benefits. You are best served by hiring an experienced attorney in
this regard.
Injuries in the workplace may
be serious, disabling or even life-threatening. Those who are injured
at work are urged to contact Thomas C. Wilmer, P.C. We work
aggressively to protect the rights of employees in the workplace.
Find out more about The Law Offices of Tom Wilmer and how we can help you..
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