22 Apr Arizona Workers’ Compensation Law – Filing a Viable Claim
Arizona Workers’ Compensation Law – Filing a viable claim enables worker access to benefits. Montrose & Chua, Phoenix workers’ comp attorneys, explain the claim process.
Do You Have a Viable Arizona Workers’ Compensation Claim?
Too often those who may have a viable Arizona workers’ compensation insurance claim don’t realize that they can file a successful claim, or they state their case so poorly that their claim is turned down. Often, when a worker decides to appeal a claim that’s been turned down they finally consult with legal counsel. Although you do not have to contact a lawyer when you are injured on the job or you fall ill, it is a good idea to speak with one to make sure that you are securing your rights and moving forward in a proper manner.
Two Basic Types of Claims
There are two basic types of workers’ compensation insurance claims in Arizona. They are medical only and time lost. With Arizona workers’ compensation medical only claims, you are compensated for the various medical expenses associated with your work-related injury or illness. However, under this provision you do not receive money for time lost at work. Such claims are for those who are injured and due to the injury miss no more than seven days of work.
Time lost claims cover medical expenses and any time lost at work as long as it is more than seven days. Those days do not need to be consecutive, but they do need to be related to the work injury or illness. If you do have an Arizona workers’ compensation time lost claim, you’ll receive a little over 66 2/3% of your wages. How much you receive per day is taken as an average of the last 30 days you worked prior to your injury. The maximum per month one can receive in Arizona is just over $4,250.
No-Fault Workers’ Comp
Arizona workers’ compensation is a no-fault system. That means that no matter who is to blame for the accident, a workers’ claim will be paid as long as it is approved. The Industrial Commission of Arizona (ICA) oversees and coordinates the workers’ compensation program in the state. Insurance providers make decisions regarding what claims are viable while the ICA mediates and makes final determinations concerning disputed claims.
Work Related Injuries and Illness
Many times when someone is injured on the job the claim is instantly honored; especially in cases where injuries are the result of an accident that clearly happened while at work and that caused specific injuries. In these cases, the injured party usually does not have problems with having their claim approved, but they may find that insurers are not willing to pay for certain services, procedures, or supplies that are related to the worker’s injury and recovery.
Sometimes workers are not aware that an injury is specifically related to their work as they may have a health issue related to activities that have slowly in a cumulative manner harmed them physically, or they may have been exposed to certain conditions, such as chemicals, extreme temperatures, or hazardous materials, that have over an extended period of time caused harm.
In these situations, the worker may be physically compromised, suffering from an illness, or dealing with emotional or mental problems, and, at first, they do not see the connection to the workplace. In other instances, they may have a suspicion that a connection exists, but they lack the evidence to prove such. In these cases, a lawyer can be extremely helpful.
Preserve Your Rights
If you have any doubts or questions about a possible Arizona workers’ compensation claim, if your employer’s insurance carrier is doubting or rejecting your claim, or if you have been injured and your employer does not carry workers’ comp insurance, please contact Montrose & Chua, Attorneys at Law, PLLC, by calling 602-346-9009 for a free consultation.
Our legal team is seasoned in and dedicated to making sure that our clients receive the compensation they deserve. Our knowledgeable Arizona workers’ comp lawyers will be able to put your case in perspective and can help you with the next steps in your claim process.