Prescott Workers’ Compensation Attorney
Dealing with a work injury can be physically and financially overwhelming. Pursuing workers’ compensation can add to the stress, particularly if your claim is denied or you have a dispute with your employer or workers’ compensation insurer.
Many work injury victims hire an attorney to represent them and manage the legal process on their behalf. The Prescott workers’ compensation attorneys are Phillips Law Group have helped many work injury victims recover compensation – we obtained an $834,000 settlement for a client who suffered nerve damage, a broken shoulder and a torn rotator cuff from an accident on the job. In more than 27 years, we have recovered more than $750 million for Arizona injury victims.
We welcome the opportunity to discuss your accident in a free, no-obligation consultation. We are ready to review your situation and determine if you may be eligible for benefits. Our services are provided on a contingency fee basis, which means we do not get paid unless we help you recover favorable compensation.
Am I Eligible for Workers’ Compensation Benefits?
In Arizona, employers with one or more employees are required to carry workers’ compensation insurance. The insurance covers both part-time and full-time employees, minors, green-card holders or family members of the employer.
Insurance is not required for independent contractors, domestic servants working in the home or those whose work is casual and not in the actual business of the employer.
You may have been misclassified as an independent contractor, so it is important to discuss the situation with licensed attorney. There are several factors that must be considered to determine if you are an employee:
- Whether you determined the hours worked
- If the employer was responsible for deciding how work would be completed
- How you are being paid
- Control the employer has over your work activities
If you are covered by the insurance policy, you should be eligible for compensation for an injury caused by a work-related task. This can include occupational diseases that arise from repetitive activities, such as lifting heavy items or exposure to potentially toxic chemicals.
If you are unsure whether your employer has workers’ compensation coverage that applies to you, contact our experienced team at Phillips Law Group.
Are Benefits Available if You Were Injured Offsite?
If you suffered an injury while performing work-related duties but were not physically at your job site, you may still be eligible for workers’ compensation benefits. However, you have the burden of proving that you were performing work-related tasks at the time of accident.
Claims involving off-site injuries can be quite complicated. Examples may include injuries that occur:
- Falling from steps while on company property
- In your company’s parking lot
- While traveling for work-related duties
- In a traffic accident while on business
One of the most important elements of these claims is if you were doing work-related tasks. The Prescott workers’ compensation attorneys at Phillips Law Group know how to determine if an off-site injury may be covered.
Compensation Benefits That May be Available
The workers’ compensation system provides payment of medical expenses for the treatment of a work injury, along with disability benefits to cover a portion of wages lost when you cannot work or cannot do the same work you did before the injury.
The type of benefits you may be eligible to receive depends on the severity of the injury and the duration of the recovery process:
Temporary Total Disability (TTD)
When a disability prevents you from working for more than seven days, you may be eligible to receive two-thirds of your gross weekly income during the treatment of your injury.
Temporary Partial Disability (TPD)
You may be eligible for these benefits if you can still work but only for a limited number of hours or in a more limited capacity than before. For example, your doctor may suggest that you should only work five hours a day rather than eight. During this temporary period of disability, you may be eligible for compensation equal to two-thirds of the difference between what you earned before the injury and your earnings after the accident.
Permanent Partial Disability (PPD)
If the healing process ends and the worker still has some level of disability, he or she may be eligible for permanent partial disability. The worker can work in some capacity but will be permanently limited because of the injury. If you qualify, you should receive 66 and two-thirds percent of your average monthly wage.
Permanent Total Disability (PTD)
These benefits are for workers who suffer an injury or occupational disease that they are never expected to recover from. They cannot return to work in any capacity. These are paid at the same rate as permanent partial disability benefits – 66 and two-thirds of your average monthly wage.
In the unfortunate event that a workplace accident causes the death of an employee, the surviving family may recover death benefits to help cover costs of burial and funeral expenses, along with financial support to help replace the loss of the loved one’s income.
Families can receive up to $5,000 in funeral/burial expenses and 66 and two-thirds percent of the deceased worker’s average monthly wage before he or she died.
Injured on the job? Call a Prescott workers’ compensation attorney for a free consultation. 1-800-706-3000
How Much Time Do I Have to File a Workers’ Comp Claim?
It is best to tell your employer about your injury as soon as possible to get the process started, but you have up to one year from the date of the injury to file a workers’ compensation claim.
Your employer has deadlines for reporting injuries to the proper authorities:
- The Industrial Commission of Arizona must be notified within 10 days of non-fatal injuries.
- The Arizona Division of Occupations Safety and Health (ADOSH) must be notified of worker deaths within eight hours.
- ADOSH must be notified of injuries that require hospitalization, amputation or eye loss within 24 hours of them occurring.
After telling your employer, you should strongly consider calling an experienced attorney for a free consultation.
Steps to Take After a Work Injury
It may be difficult to know what to do when injured on the job, but there are certain steps that you can take that may help protect your health and your potential claim.
Seeking Medical Care
A doctor can properly diagnose your injury and determine appropriate treatment. Tell the doctor you were injured in a work accident so it will be noted in your medical records.
Reporting the Accident to Your Employer
Your employer should be notified of your injury as soon as possible, waiting could discredit your claim. Your employer or its insurance carrier may be more likely to argue your injury was not caused by a work accident but by something else.
Contacting an Experienced Lawyer
Having a lawyer who is experienced with these types of cases can be highly beneficial to your claim.
Phillips Law Group’s Prescott workers’ compensation lawyers are prepared to manage each step of your claim on your behalf, if you hire us to represent you. This may include investigating the accident, conducting interviews with witnesses, negotiating a fair settlement with the insurance company or appealing a denied claim.
What Happens When a Claim is Rejected?
There are many reasons why claims are rejected. Your employer may dispute that your injury occurred at work or dispute that an occupational disease was caused by your work activities.
You have 90 days from the date of a rejection to appeal a denied claim. Once you appeal, you will be assigned a hearing date.
Going through this process on your own could be very difficult and stressful. You have the option of hiring a lawyer to represent you throughout your appeal. The legal team at Phillips Law Group is ready to collect additional evidence to help overturn the denial of your claim.
Common Types of Workplace Accidents
Some of the most common types of workplace accidents include:
- Slip and fall accidents – Employees could fall from height or slip on the floor.
- Machinery accidents - Jobs that use heavy machinery create the risk for severe or life-threatening injuries if a machine malfunctions or falls on an employee.
- Auto accidents – Workers whose duties include driving, like public transportation operators, truck drivers or delivery drivers, could get injured by negligent drivers.
- Hit-by accidents – Accidents caused by falling objects like a metal beam or machinery can be life-threatening and often take place in construction zones.
- Fires/explosions – Being around exposed wiring, heavy machinery, or petroleum processing can increase the risk for injuries from fires or explosions.
Common Types of Workplace Injuries
Workplace accidents can result in many severe injuries that keep employees from working:
- Severe burns
- Muscle sprains
- Cuts and lacerations
- Broken bones
- Torn ligaments
- Loss of vision
- Loss of hearing
- Loss of limbs
Employees may also suffer an occupational disease from long exposure to toxic chemicals or repetitive movements. Common examples include:
- Heart disease
- Heart attack
- Pulmonary disease
Contact a Prescott Workers’ Compensation Attorney Today
At Phillips Law Group, we have helped over 155,000 clients recover compensation for their injuries.
If you or a loved one were injured on the job or developed an occupational disease, we offer a free legal consultation to find out how we may be able to help you. Our firm can be contacted 24 hours a day, seven days a week to schedule your free consultation. We do not charge upfront fees for our services.
Call us today to discuss your claim. Phone: 1-800-706-3000.