Mesa Workers' Compensation Lawyer
When a worker is injured it can put a significant financial strain on the victim and other family members. Some injuries result in the worker being unable to return to the job they held before being injured, which may result in the victim needing to retrain in a completely new industry.
Have you been injured at work and are not sure what to do next?
For more than 27 years, Phillips Law Group has been helping to protect the rights of injury victims throughout Arizona and our attorneys have experience handling workers compensation claims - including an $834,000 recovery for a worker that suffered a broken shoulder, nerve damage and a torn rotator cuff, a $750,000 recovery for an injured worker that suffered a sternal fracture, broken ribs, blood clots and a fractured femur and a $550,000 recovery on behalf of an injured worker that suffered a separated shoulder, lacerations and a head injury.
Our workers compensation lawyers understand how to build a strong argument for workers compensation claims and charge no upfront fees to handle your case. Our initial consultation is also free and we only get paid when we win.
To speak to a lawyer today, call 1-800-706-3000 or fill out the "Free Case Evaluation" form on this page and a member from our legal team will be in contact with you shortly.
Phillips Law Group - Free Consultation. Ph: 1-800-706-3000.
Am I Covered by Workers' Compensation?
In Arizona, employers are required to provide workers compensation insurance if they employ one or more people - including coverage for part-time workers.
As a general rule, state-employed workers will also be eligible for workers compensation as they are unable to reject coverage.
If any injury victim is an independent contractor, the company that he/she is contracted to work for is not responsible for providing workers compensation coverage. Unfortunately, employers may attempt to classify workers as independent contractors, in an effort to not be required to provide coverage. In such cases, it will need to be determined:
- How is the worker being paid?
- What control did the employer have over that worker?
- Who was responsible for supplying tools and equipment to the worker?
- Did the worker or employer determine the workers hours?
- Who was responsible for deciding how a job would be completed?
You can also learn more on this topic "here".
Should you have any questions about coverage pertaining to your work injury, contact a worker's compensation lawyer at Phillips Law Group for a free consultation, by calling 1-800-706-3000.
Do I Have A Workers' Compensation Case?
If you are an employee of a business that employs one or more people, and you were injured while performing a task or job for that employer, you may be eligible to receive workers compensation benefits.
In order to qualify for coverage, the injured worker will need to:
- Provide proof of employment
- The employer must have an active workers compensation insurance policy
- The injury must be from a work-related task
- Your claim must be filed within the Arizona workers compensation statute of limitations
Should you be injured while on company property but NOT working, you may be eligible for workers compensation. An example of this if you were walking up a staircase on company property and slipped, suffering an injury in the process.
You may also be eligible to file a claim if you are performing a work-related task but NOT onsite. An example of this may be if you were driving to a job between working hours and were involved in a collision en-route.
Have Some Workers Comp Questions? Call 1-800-706-3000.
What Is My Case Worth?
The amount of workers compensation an injured worker may be eligible to receive depends on the extent of the injury.
Temporary Total Disability
Also known as "TTD" benefits, these are awarded to injured workers that have an injury that has lasted for more than eight days, where the worker is unable to return to their regular work duties due to the injury. The injured worker is paid 66 and 2/3 percent of their average monthly wage with a limit of $3,000. Should a worker prefer weekly payments, that amount is capped at approximately $460 per week. Should an injured worker be supporting dependents, an additional $25 per month is added to the total monthly compensation amount.
Permanent Total Disability
Also known as "PTD" benefits, these are awarded if the injured worker has a 100% loss of earning capacity due to their work injury. An example of someone that may be eligible for PTD benefits may be a mechanic that suffers permanent lung damage after inhaling toxic chemicals in the work shop. PTD benefits allow a provision for injured workers to receive benefits for life, with those benefits being 66 and 2/3 percent of their average monthly wage.
Permanent Partial Disability
Also known as "PPD" benefits, these benefits provided injured workers where they have a work-related injury that is permanent, but it still enables them to work in some capacity. An example of a PPD may by carpal tunnel syndrome, nerve damage or perhaps a work-related knee injury. Beneficiary's receive 66 and 2/3 percent of the workers average monthly wage up to a $3,000 maximum. Weekly maximum payments are capped at approximately $460 per week.
Workers that are fatally injured due to a work related illness or injury are eligible to receive burial expenses up to $5,000, with surviving spouses eligible to receive 66 and 2/3 percent of the workers average monthly wage. Payments for children who were dependent on the worker are determined on a case-by-case basis.
In Arizona, injured workers may also be eligible to receive 100% of reasonable medical expenses paid for by the workers compensation policy however, the employer does reserve the right to select the physician for the initial assessment of the injury. Following that first visit, the employee may choose their own doctor.
How Long Do I Have to File My Case?
In Arizona, injured workers have one year from the date of the injury to file a worker's compensation claim. Injured workers should also notify their employer of the injury as soon as possible.
For non-fatal injuries, employers of injured workers have 10 days to report the incident to the Industrial Commission of Arizona. In the event that a worker has been fatally injured, employers must report the incident to the Arizona Division of Occupations Safety and Health (ADOSH) within 8 hours of the incident. Where a worker requires in-patient hospitalization, eye loss or an amputation, these must be reported to ADOSH within a 24 hour period.
If you are unsure when the incident took place or are having difficulty determining that date, we recommend contacting a workers compensation lawyer at Phillips Law Group for help with your claim today.
What Should I Do After Being Injured While at Work?
Commonly, there are three categories that apply when reporting a work injury:
- MEDICAL - obtaining medical aid as quickly as possible can help to stabilize the injury and potentially reduce the possibility of further injury. Injured workers must inform medical staff that the injury is work-related.
- OFFICE - injured workers need to notify either their supervisors or people they report to as soon as possible. It is the responsibility of the company to report the incident to their work insurance company, OSHA, ADOSH and the Industrial Commission of Arizona where applicable.
- DOCUMENTATION - after reporting the incident to your employer, they are also responsible for providing the policy and contact information for the company's work insurance company. The injured worker must then report the incident to that insurance company.
Following a work injury, we recommend contacting a workers' compensation lawyer at Phillips Law Group for a free consultation. We have a comprehensive knowledge of Arizona's work injury laws and can help to ensure that all documentation is completed correctly and filed within the applicable deadlines.
Free Consultation. No Upfront Fees. Ph: 1-800-706-3000.
Do I Have Options If My Claim Is Rejected?
Should an injured worker have a claim rejected, workers are eligible to request a hearing with the Industrial Commission of Arizona. Injured workers only have 90 days to file a "protest" and request a hearing date following their claim being rejected.
In the event that the protest is not filed within that window of time, the claim will be closed.
It's also important to note that while injured workers cannot be fired from their job due to a worker's compensation claim being filed, having an injury status does not protect your job. Workers can also be laid off while they are receiving workers compensation benefits. However, an exception to this may apply if the worker has a valid contract with an employer for a specific amount of time.
Contact A Mesa Workers Compensation Lawyer Today
Pursuing a worker's compensation claim can be complex and time consuming. Having an experienced workers compensation attorney on your side can help in the recovery process.
At Phillips Law Group, we have been helping injury victims and their families for decades, having represented more than 155,000 consumer clients and recovered more than $750,000,000 in compensation for our customers.
Our team of lawyers have a full complement of support staff including paralegals, assistants and investigators to help obtain the information needed to build a strong argument for your workers compensation claim. There are no upfront fees if you decide to hire us and we only get paid when we win. To speak to a lawyer today, call 1-800-706-3000 or you can complete our "Free Case Evaluation" form and a member from our legal team will reach out to you shortly.
Phillips Law Group - No Upfront Fees. Ph: 1-800-706-3000.