Phoenix Workers Compensation
Workers’ compensation is a form of insurance coverage that is designed to protect the working person in the event of injury. In a workers’ compensation claim the parties involved are the injured worker, his or her employer, and the employer’s workers’ compensation insurance company. Before the passage of workers’ compensation laws, a worker who was injured on the job was forced to file suit against his or her employer and potentially wait for months or even years before ever receiving any compensation for an injury.
As a result, the worker and his or her family may have had no income for an extended period of time because the worker was injured and unable to work. Further, the worker often was unable to pay for medical treatment. If the worker did eventually recover from the employer in a civil action, that award of money damages frequently came too late for the worker since by that point he or she was destitute and perhaps permanently impaired because of the lack of proper medical treatment.
As such, many states began passing worker’s compensation laws that provided a type of compromise. Under these laws, the worker did not have to prove any fault on the part of the employer when injured, but simply had to prove that he or she was on the job and that the injury arose out of his or her employment. If those two things could be proven, then the worker was entitled to receive a portion of his or her wages for the period of time disabled and further was entitled to appropriate medical treatment related to that injury.
In return for that, the employer received immunity from a civil claim brought by the employee for the injury. That is, the employee could not file a civil action against the employer. The employee’s exclusive remedy is the workers’ compensation benefits.
It is important to protect your legal rights. Call (602) 254-6461 to speak with a Phoenix work injury attorney who will answer all your questions and provide a clear plan of action with your Phoenix workers compensation and/or Phoenix social security disability claim. Call Phoenix work injury lawyer Chris T. Johnson today.
Chris T. Johnson, P.C.
934 W McDowell Road
Phoenix, AZ 85007
Telephone: (602) 254-6461
Fax: (602) 254-0609
Toll-Free: (800) 266-6461
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Workers’ Compensation Benefits
Wage benefits are calculated based upon the average weekly wage – the wages of the employee over a period of time are totaled up and then averaged. Once that average has been calculated, the employee is typically entitled to two thirds of that average weekly wage (up to a statutory ceiling).
The second form of benefits received under workers’ compensation is medical coverage. If an employee is injured on the job, he or she is entitled to reasonable and necessary hospital and medical treatment related to that injury to hopefully get him or her back on her or her feet and able to resume his or her employment. If the employee is not able to resume her or her former employment, then he or she may be entitled to rehabilitation services that will either allow him or her to return to some other form of employment or be trained in a new line of work.
A final type of compensation that the employee may be entitled to as a result of an on-the-job injury is compensation for permanent disability. Most workers’ compensation acts have created a schedule in which specific disabilities are worth a certain number of weeks of wages. For instance, a person who loses a foot may be entitled to one hundred and fifty weeks of wages over and above any other benefits that he or she may receive. A person who loses an eye on the job may be entitled to an equivalent amount of compensation. Those forms of compensation are in addition to the wage loss benefits otherwise paid and any medical expenses that have been paid.
It is important to protect your legal rights. Call (602) 254-6461 to speak with a Phoenix Work Injury attorney who will answer all your questions and provide a clear plan of action with your Phoenix workers compensation and/or Phoenix social security disability claim. Call Phoenix work injury lawyer Chris T. Johnson today.
Chris T. Johnson, P.C.
934 W McDowell Road
Phoenix, AZ 85007
Telephone: (602) 254-6461
Fax: (602) 254-0609
Toll-Free: (800) 266-6461
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Your Injury & Filing a Claim
INJURY
An injury is covered under Workers’ Compensation if it is job related. It is the your responsibility to make sure the injury is reported to your supervisor/employer as soon as possible. The prompt reporting of the accident to your supervisor/employer will accelerate the processing of your claim and avoid unnecessary delays or denial of possible benefits.
FILING A CLAIM
When you were treated for your injury at either your doctor’s office or an emergency room and you told them you were injured on the job, you should have been given a “pink form” to complete and sign. The “pink form” is a combination form entitled “Worker’s and Physician’s Report of Injury.” By signing that form, you were applying for Workers’ Compensation benefits.
The hospital or doctor sends the original of the form to the Industrial Commission (ICA), a copy to your employer and a copy to the insurance company that wrote the policy for your employer. If you did not complete this pink form at the doctor’s office or at the hospital, another form, entitled “Worker’s Report of Injury,” can be completed and filed with the Industrial Commission. This form will be sent to you by the ICA upon request.
Your claim is officially filed when one of these forms is received by the Industrial Commission. Without a claim signed by you or your legally authorized representative and received by the Industrial Commission, the insurance carrier is not legally required to take any action on your injury or to make any payments. You will know that the claim form has been received because the Industrial Commission will notify you by letter. If you are not notified of the receipt of your claim within a reasonable period of time, (two weeks), please contact the Industrial Commission and a claim form will be sent to you to complete and return.
Remember, that your claim must be filed within one year of the date of injury and that you are responsible for making sure that the claim is filed.
When your claim is received by the Industrial Commission, the insurance company is officially notified by the ICA that you have filed a claim. The insurance company must then either accept or deny your claim within 21 days from the date of the notification. If your claim is denied, you will receive a “Notice of Claim Status” from the insurance company. If you disagree with the insurance company’s denial, this notice will have a 90 day protest period within which you must file your request for hearing with the Industrial Commission by means of a letter or on a form available from the ICA upon request. This request for a hearing must be signed by you or your legal representative. If you file a request for hearing, you will receive a Notice from the Industrial Commission which will tell you when a hearing before an Administrative Law Judge will be set. If you do not file a request for hearing during the 90 day protest period, the decision of the insurance company becomes final.
Remember, it is your responsibility to understand all notices and documents which allow for hearing requests in the event of disagreements, and it is also your responsibility to make your current address known to the Industrial Commission and the insurance company.
For more specific information regarding your Phoenix workers compensation claim contact Chris T. Johnson a Phoenix Workers Compensation Lawyer.
Call: (602) 254-6461
Workers’ Compensation Information for the Injured Worker
Workers’ Compensation is a “no-fault” system in which you receive medical and compensation benefits no matter who caused the job-related accident. Lawsuits against the employer, except under very limited circumstances, are not permitted.
If the injury or illness is job related, you receive medical benefits and, if eligible, temporary compensation. In some cases, you may also receive permanent compensation and “job retraining”.
The Industrial Commission of Arizona and the insurance carrier are not identical. The Industrial Commission is a state agency that is responsible for deciding disputes and monitoring the activities of the State Compensation Fund, private carriers and self-insured employers, referred to in this pamphlet, as insurance companies.
One final item – as you read this pamphlet, please pay special attention to your rights and responsibilities. Failure to meet those responsibilities can mean the loss of your rights and benefits under Arizona’s Workers’ Compensation Law.
For more specific information regarding your Phoenix workers compensation claim contact Chris T. Johnson a Phoenix Workers Compensation Attorney.
Call: (602) 254-6461
Phoenix Workers Compensation
Phoenix, Arizona Workers’ compensation entitles you to defined medical and income benefits if you have been injured on your job. If you have experienced an injury while at work, and have lost time and wages as a result, call us now, or email us, to speak with an experienced Phoenix workers’ compensation attorney, consultation is FREE.
Insurance companies are not on your side. We’ll help you with all aspects of your work comp claim including:
- If your claim denied unfairly
- Determining your average monthly wage (insurance company usually sets low because benefits are based on the average monthly wage of worker)
- Has your case been closed without a permanent impairment?
- Has your case been close without medical care?
- Are you getting the runaround by the insurance carrier?
It is important to protect your legal rights. Call (602) 254-6461 to speak with an attorney who will answer all your questions and provide a clear plan of action with your workers’ compensation and/or social security disability claim.
Call Us Today TOLL FREE: (800) 266-6461
Chris T. Johnson, P.C.
934 W McDowell Road
Phoenix, AZ 85007
Telephone: (602) 254-6461
Fax: (602) 254-0609
Email Us: law@ctj4workcomp.com
