Workers' Compensation Resources

Importance of Hiring a Workers' Compensation Lawyer

When someone has been injured on the job, there are many questions that come up their mind. Should I tell my employer I've been injured? How will I afford the medical bills? Is the injury going to prevent me from continuing to work? Can I qualify for workers' compensation? All these are great questions, and some may be too worried about what their employer will say to follow up with them. If you are worried about workers' compensation, then you should consider a free consultation with a workers compensation lawyer in Phoenix to look at your options; and if needed, hire them to help your case.

When Should I Hire a Workers Compensation Lawyer

As soon as you have been injured, and if it is going to affect you on your job, you should consider filing for workers' compensation. Applying is straightforward, and you should be able to get your claim, but if you suspect that there may be any issues, then you should contact a workers' compensation lawyer in Phoenix for at least a free consultation.

If you have filed and you get denied, or minimal compensation, then it is time to consider hiring a workers compensation lawyer in Phoenix to work on your case to maximize the benefit you receive so that you can afford your medical bills and lost pay from your time off recovering.

If you have been left permanently disabled by your injury, then hiring a workers compensation lawyer in Phoenix is a must to ensure you get all the compensation you are going to need to be able to afford the lifetime affliction. Having a pre-existing condition can also complicate the application process because insurance companies will often try to pin the issue on that, rather than on the injury you sustained on the job. Insurance companies may even delay or block you from receiving treatment if they do not believe your medical condition warrants certain surgeries or medications. They may also force you to use their doctors, which are going to be less impartial with their diagnosis, affecting your permanent disability rating, which can lower the amount of compensation you are owed.

A workers compensation lawyer in Phoenix will ensure that all the necessary doctor's notes and other medical files are properly filed to force the insurance company to do the right thing with a fair and speedy settlement to get your treatment beginning as soon as possible.

Are you already on certain government benefits, such as SSDI? With the help of a workers compensation lawyer in Phoenix, you can ensure your other benefits are affected as minimally as possible.

I Am Worried My Employer Will Hold My Claim Against Me

Arizona Revised Statutes. § 23-1501(3)(c)(iii), as follows:

3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:

(c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:

(iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.

Many people may delay or even completely avoid filing for workers' compensation if they believe their employer will treat them differently afterward or will punish them directly for it. You need to know that employers cannot retaliate against an employee for filing a claim, and hiring a workers compensation lawyer in Phoenix will ensure that your employer follows the laws because they will hold your employer accountable for their actions.

Contacting a Workers Compensation Lawyer

If you are looking for a workers compensation lawyer in Phoenix for a free consultation, contact Rios Law Firm PLLC today to schedule an appointment with an experienced workers compensation lawyer.

Things to Know Before Hiring a Workers Compensation Attorney

Accidents happen - everyone knows that. But what happens when an accident takes place in the workplace? A work-related injury can leave your employees unable to work, but that doesn’t mean you are not eligible for compensation. When injured on the job, a worker is entitled to workers’ compensation through their company and insurance; however, filing for your compensation and dealing with insurance companies can be a difficult process. A workers’ comp. attorney in Phoenix can help you get the compensation you are entitled to.

Injuries in the Workplace

Workplace injuries are a serious issue, and workers around the USA are involved in accidents at work every day. In 2018, there were 2.8 million nonfatal workplace injuries and illnesses reported. In Arizona alone during the 2017 year, there were 90 fatal workplace accidents. When injured at work, workers are eligible for workers' compensation to cover the cost of injury and to assist them when they are unable to work due to the incident. While Arizona employers can file for their compensation on their own, the process can be made a lot easier by getting in touch with a workers’ comp attorney in Phoenix.

Fault and No-Fault

Knowing whether a state operates with a no-fault or fault system is important for workers, especially when seeking a work comp attorney in Phoenix. for example, uses a no-fault system. This means no matter the cause of an injury in the workplace, an employee is entitled to workers’ compensation benefits.

The Steps to Compensation

After an accident, there are three steps that need to be taken to ensure an employee receives their compensation:

1) Report the injury to the employer as soon as possible to ensure a record is made;

2) File the injury claim within one year of injury; and

3) Obtain any necessary medical treatment after consulting with a medical professional.

These steps sound easy enough, but workers can be intimated by insurance companies or employers through the process. A work comp attorney in Phoenix can help workers navigate the filing process and access the compensation they have a legal right to.

Know Your Rights

After a workplace injury, consulting with a work comp attorney in Phoenix can help you get the compensation you are entitled to. The procedure for filing and interacting with insurance companies can be confusing and even stressful, but an attorney can help you understand the situation and your rights as an employee, confront your employers or insurance companies, and get you the compensation you deserve. Insurance companies can intimate or take advantage of injured workers, and an attorney will stand beside you to fight for your rights.

Being involved in an accident at work can be stressful, but it doesn’t need to be. Hiring a work comp attorney in Arizona can help you receive the compensation you deserve without all the hassle. Having a professional work alongside you can prevent insurance companies and employers from pushing you around – and ultimately losing out on your workers' compensation. If you have been involved in an accident at work and are struggling to file your claim, get in touch with a workers’ compensation lawyer right away. You don’t want to miss out on the compensation you deserve!

What is the Average Weekly Wage in Workers’ Compensation?

Your workplace should be a safe place. It should be expected that employees will not be injured or left unable to work, but, in spite of the best efforts, this cannot always be so. That is the reason for Workers’ Compensation Insurance. In Arizona, all employers must provide no-fault compensation insurance to all their employees. No-fault means that it should be paid because an adequate monthly wage is needed by everyone. The payment, however, will be less than the worker’s normal wage. This is to discourage people from taking advantage of Workers’ Compensation payments and to encourage them to return to work.

What is the average weekly wage in Workers’ Compensation benefits here in Arizona? The amount depends on several factors.

What factors are involved?

No-fault insurance means that the employee should be paid even if they were the cause of the accident or injury unless it was deliberately self-inflicted. This ensures that everyone receives some benefits. Employers are expected to carry this insurance even if they only have one employee.

Although it should be paid no matter what, calculations of amounts are usually dependent on the nature and the extent of the injury. Other factors are the length of time that it takes to recover and the amount of time it takes until the claim is processed. Arizona does not have a set time limit on how long the temporary benefits are paid out. They are given as long as they are needed, that is until the employee is ready to return to work. If necessary, other money may be paid to help the worker return to employment, such as retraining benefits.

Monthly, that means about two-thirds of the wage that was received before the injury for a temporary leave of absence. Most of the time, the maximum wage and benefits per month given has been $3,000 in the state of Arizona, or as a weekly maximum approximately $461.54 for the duration of the disability with an additional $25 per month for one or more dependents.

Once an employee is able to return to work, either in the same capacity or part-time, an amount may be paid to make up the difference in hourly wages. An injury that is very severe, for instance, and includes loss of limbs, functionality, or even death, would have other considerations.

It’s the Law

Employers are legally required to carry insurance for all workers regardless of whether the position is temporary, as protection of the state’s workforce is of maximum importance. If you are unsure as an employer about your obligations in this regard, don’t hesitate to consult with an attorney who specializes in Arizona workplace law.

Accidents can happen, and workplaces can certainly be hazardous. It is important that everyone knows what to do after an accident occurs so that proper procedures can be followed. These amounts obviously affect employers as well as the employer, must carry the insurance as needed. If any employer or worker has issues with paying or receiving these wages, they should contact a workers' compensation lawyer in Arizona. An attorney with experience and understanding can help.

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