Custodians, janitors, and other cleaning workers are often subject to significant manual labor, precarious conditions, and harmful substances while completing their tasks. Like any other employee, these workers may get hurt while on the job and deserve to receive the workers’ compensation they’re entitled to.
Speak with a Phoenix injured custodian’s workers’ comp lawyer if you are a custodian or janitor and acquired an illness, bodily injury, or other medical condition at your workplace. At Arizona Injury Law Group, our team of legal professionals has assisted numerous workers across the state, especially in the Phoenix area.
To receive a free consultation with a Phoenix, AZ Workers Comp attorney, call now at 480-300-7273!
A custodian, also referred to as the caretaker of a premises, is any professional who participates in or is responsible for overseeing the maintenance of a property– particularly ensuring the overall cleanliness of one or more buildings, sometimes along with the surrounding grounds; janitors and housekeepers are examples of custodians. These hard-working employees are among the professions that frequently report workplace injuries each year.
The job duties of a custodian can be physically demanding, with many tasks requiring repetitive or continuous actions such as pushing, lifting, and pulling; in addition to the body being in uncomfortable positions for extended periods, these work conditions result in many custodians suffering from musculoskeletal disorders (MSDs). These disorders can impact a worker’s various joints, ligaments, nerves, and muscles throughout the body, especially in the neck and back.
Custodians and other workers in the janitorial industry are often exposed to harmful chemicals, leaving employees vulnerable to skin burns and allergic reactions, respiratory issues from inhaling fumes or powders, and eye irritation and damage, among other potential adverse conditions. Janitors also commonly endure injuries from slip-and-falls and ladder-related incidents since they tend to spills and other hazards, mop floors, and clean high-up areas that are out of reach.
All employers in Arizona are required by law to have insurance coverage for workers’ compensation in case an employee gets injured while on the job. Arizona operates on a “no-fault” system regarding workplace injuries and subsequent compensation; this means that any worker who sustains physical harm while in (or traveling for) the workplace is entitled to compensation for their injury and related damages regardless of who, if anyone, is liable.
Injured employees may receive different workers’ compensation benefits, dependent on each worker’s injury circumstances, such as how long and to what degree they are left disabled and unable to return to work. Workers’ comp will always include medical benefits which provide payment for any medical expenses related to the harmed party’s workplace injury, including medications, hospital stays, surgeries, physical therapy appointments, and more.
In addition to medical treatment benefits, injured employees may also be eligible for temporary or permanent disability benefits. Temporary disability payments will be routinely provided while the worker is unable to return to their job and earn wages; partial benefits may be granted if the employee can go back to work but not to the extent they did prior to the injury. Permanent disability compensation may be lifelong, but the worker is subject to annual re-evaluation.
A: Your employer is not legally required to keep your job position secure while away due to workplace injury, even if they were responsible for your accident.
While your employer is allowed to find someone else to fill your role at work in Phoenix, they are prohibited by law from terminating you because you filed for workers’ comp or for being on workers’ comp. Speak with a qualified attorney if you’re worried about being wrongfully fired due to receiving compensation.
A: Arizona state law imposes a seven-day waiting period on employees before they are eligible to obtain workers’ compensation payments and benefits. This waiting period stems from the requirement that an injured worker must have been unable to work, according to their doctor, for at least eight days to qualify for wage replacement. There is no waiting period for surviving family members of a wrongful workplace death victim to receive benefits for their loss.
A: The statute of limitations on filing for workers’ comp is one year after the accident that resulted in injury or a year from the date on which harm was discovered. It’s crucial to take action towards securing your compensation benefits as soon as possible as well as see a medical professional promptly after any workplace accident. Early documentation helps to track the progression of your injury or condition and avoids the risk of the deadline passing.
A: Exclusive remedy means workers’ compensation is the primary mode of recovering damages by injured employees. However, there are exceptions to this wherein workers are entitled to recover damages by filing an injury claim against their employer in civil court, such as when:
A: Workers’ compensation typically includes coverage for medical expenses and a form of disability benefits– either temporary or permanent, depending on the severity of the injury and whether the worker can return to their job.
The Industrial Commission of Arizona (ICA) places a time limit on workers receiving temporary benefits along with a cap on how much a worker can receive in monthly wage replacement benefits. Currently, the cap is just under $5,700 and increases incrementally each year.
At Arizona Injury Law Group, our professional team of lawyers takes pride in attending to each client’s case with the care required for their unique circumstances. Our clients come from every industry and have varying types of injuries. Reach out to schedule a meeting with a compassionate injury attorney who is ready to hear about your situation.
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