Phoenix Worker’s Compensation Lawyer
In Arizona, worker’s compensation laws give medical care and compensation benefits to an injured worker if the injury is work-related. If you are hurt, you must notify your employer as quickly as possible. You have one year from the date of injury or when you become aware of the condition to file a claim. You can file the claim on your own or have an attorney do it on your behalf. Once you’ve filed your claim, you must strictly adhere to the laws; otherwise, you risk losing your benefits or having them suspended.
Our Phoenix worker’s compensation lawyers are the best in the business when fighting your worker’s compensation case. They can assist you in obtaining the finest compensation offer possible, allowing you to pay your medical bills and other obligations that have put a burden on your shoulders to be paid. If you want to seek legal counsel or talk about your case, call us right now at (623) 263-2626 to schedule a free consultation. You can also visit us at 20 E Thomas Rd, Suite 220, Phoenix, AZ 85012.
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Even if you disagree with the insurance company’s decisions, there are strict deadlines for filing protests and requests for hearings, or you risk losing your right to a Phoenix worker’s compensation attorney hearing. If your claim for benefits is refused, for example, you only have 90 days from the date of the rejection notification to file a protest and request a hearing. An attorney can assist you in determining the deadlines and whether or not you should dispute a notice. Furthermore, an attorney can assist you in fighting a claim denial.
Steinger, Greene & Feiner’s Team of Worker’s Compensation Lawyers
You need an expert attorney on your side if you were hurt at work and have trouble dealing with your employer’s insurance company or understanding the Phoenix worker’s compensation process. Over the last few years, our experienced Phoenix attorneys have represented hundreds of injured workers to help defend their rights. Our firm employs certified worker’s compensation professionals who know and have the experience to help you win your worker’s compensation claim in Arizona.
We understand how it feels to be dealing with an injury or illness while also fighting for compensation and medical treatment. Our Phoenix personal injury attorneys will represent you throughout the worker’s compensation claims process, including litigation if your claim is disputed or refused. Even if your case goes to court, our attorneys will make certain that you are the one who wins. We will make every effort to obtain the highest possible compensation from the employer’s insurance company. Call us right now at (623) 263-2626 to discuss your case.
Most Common Questions Asked About Worker’s Compensation Lawsuit
Can I be fired or laid off if I file a worker’s compensation claim?
Unfortunately, the answer is yes. Employers in Arizona are restricted from firing an injured employee just because they filed a worker’s compensation claim, and your employer cannot fire you to prevent you from filing a claim. Even if your employer is at fault for your injury, your injured status does not protect your job.
Most Arizona employees are classified as “at-will,” which means that either the employee or the employer can end the employment relationship at any time and for almost any cause, with or without notice. As an “at-will” employee receiving worker’s compensation benefits, you have the right to be fired at any moment for any legal cause.
While the employer may claim that you were fired because you filed a worker’s compensation claim, the real motivations may show otherwise. It can be not easy to prove that you were dismissed for submitting a worker’s compensation claim. You’ll need to show that you were fired solely for filing a work injury claim by presenting clear and conclusive evidence against your employer. To prove that your firing was retaliatory, our worker’s compensation attorneys can acquire performance evaluations and personal comments from your manager.
Employees are sometimes compelled to leave their occupations because they are permanently unable to fulfill their duties. You have the right to bring a claim regardless of your existing connection with your employer. Remember that the insurance company, not your employer, is in charge of processing and paying your claim.
What is the maximum amount of compensation I can receive for a work-related injury?
It depends on the specific circumstances of your case, such as the severity of the damage and the type of work you undertake, as with most legal responses. Keep in mind that in Arizona, worker’s compensation covers the following benefits:
- Health-care costs. This includes payment for all medical expenses and treatments related to your work-related injuries, such as hospital and emergency room visits, prescription medications, doctor’s visits, medical examinations and diagnostics, physical therapy, and reimbursement for travel expenses to medical appointments.
- Lost wages. Your payments will be equal to 2/3 of your average monthly wage, up to the state’s maximum benefit level, if your burn injury is catastrophic and debilitating.
- Benefits in the event of death. The worker’s surviving dependents – spouse, children/stepchildren, parents, siblings, and other dependents — may be entitled to compensation in a fatal burn accident at work. Death benefits often pay up to two-thirds of the dead worker’s average monthly compensation.
A skilled worker’s compensation lawyer is the only way to precisely assess how much compensation you’re awarded for a work-related burn.
Is it possible for me to sue my employer for unsafe working conditions?
Employers in Arizona are required by state and federal laws to provide a safe workplace. However, any injuries you received resulting from unsafe working conditions should be covered by worker’s compensation, so filing a claim rather than suing your employer is a better option. While Arizona has a “willful misconduct” exception that allows harmed workers to sue their employers in civil court for purposefully harmful actions, these claims are difficult to prove.
You can’t sue your company for harmful working conditions because they were reckless, negligent, or irresponsible. If you are concerned about harmful working conditions at your workplace, we recommend informing your boss. If you are a union member, you should also contact your union representative about the situation.
Can my employer lower my income or hours while I’m on worker’s compensation?
It is debatable. Let’s say you can show that your employer reduced your income or limited your hours because you filed a worker’s compensation claim. They might be punished if they break an Arizona employment statute that protects wounded workers from retaliation if they pursue benefits. If you can still do the basic functions of your post job, it’s also unlawful for your employer to pay you less because of your disability. Unless your employer can show that doing so would create “undue hardship” to the business, your employer is required to make reasonable accommodations for your impairment.
If, on the other hand, you are only granted a job until you recuperate, you will be paid less because you are unable to execute your typical work functions. Your employer is legally permitted to lower your wages until you can return to your previous position (and pay rate). Employers in Arizona are not required to provide a job to an injured worker who has received a light-duty work clearance from their doctor. If an employer is unable (or refuses) to accommodate a “light duty” worker, the wounded worker will have to look for a new job to continue collecting worker’s compensation benefits.
Suppose a worker remains employed while on light duty limitations; they will continue to benefit from missed wages. However, the compensation will be reduced to 2/3 of the difference between the worker’s light-duty earnings and their typical monthly earnings before the injury.
Questions to Ask Your Worker’s Compensation Lawyer
Is it necessary for me to attend my worker’s compensation hearings and depositions?
Yes, you must attend your deposition and administrative hearings as an injured worker in Arizona. It is critical that you make plans to attend. If you are late for a hearing or deposition, your claim’s credibility may suffer, so make sure you appear on time. It would be beneficial if you met with your attorney to prepare.
Final preparations are necessary before the deposition and hearing because these stages are critical in your worker’s compensation case. Your lawyer will help you prepare for the questions you’ll be asked as well as directions on how to describe your injury.
Please either leave your phone in the car or turn it off completely. If you have children, get a babysitter and invite only close family members. During hearings or depositions, you should be focused and free of distractions. Your hearings and depositions must go well for you to receive worker’s compensation benefits. Everything has to run smoothly and without a hitch.
Is it possible to quit while on worker’s compensation?
Most Arizona employees are classified as “at-will,” which means that either the employee or the employer can end the employment relationship at any time and for almost any cause, with or without notice.
But, if you quit, will you be able to keep your worker’s compensation benefits?
In a nutshell, yes and no. If you quit your employment willingly while receiving worker’s compensation benefits, you should continue to receive medical benefits but not any wage loss or disability benefits.
Let’s say you’re getting worker’s compensation benefits and want to leave your employment. In that scenario, we strongly advise you to seek legal advice from a local worker’s compensation attorney before resigning to ensure that you completely understand how this decision will affect your claim.
Stages of a Worker’s Compensation Lawsuit
The filing of a worker’s compensation claim is the first step in a worker’s compensation lawsuit. Typically, all you have to do is contact your employer, and they will handle the claim, along with the insurance company.
- Worker’s compensation should pay for all medical expenses resulting from the injury, as well as two-thirds of the injured worker’s typical weekly earnings while they recover. If the injured worker wants a payout of their compensation, they can negotiate a settlement. To account for all future medical bills, it’s a good idea to have an attorney involved in the negotiations. The wounded worker loses coverage for future medical expenditures after the claim is settled.
- Our Phoenix worker’s compensation attorneys can fight for your rights and assist you in reaching a favorable outcome. They will handle all of the necessary details that will assist you in winning your case. They will gather all of the proof of your injuries that will be required to prove your injuries and that they occurred while you were employed at the employer’s office. Following your contact with our attorney, he will gather all information relating to your injuries, including medical bills and eye witness statements, if any were observed.
- Our lawyers will first send your compensation offer to the employer’s insurance carrier. If they accepted, you would automatically receive your compensation, but if they refused, you might file a worker compensation claim against them in the case. Several steps are followed in court to determine whether you will be compensated or not. Negotiation is the most vital procedure.
- Because there is no specific compensation formula and many things to examine before reaching an agreement, negotiating a settlement is an important part of worker’s compensation proceedings.
- Insurance companies have seen enough of these to know how much an injury will cost them and how much more they will need to justify offering anything more. On the other hand, it’s unlikely that a worker has any prior experience predicting how much it will cost to get well again and how the ailment will influence their wage-earning ability.
- As a result, now is a great moment to consider hiring one if you don’t already have one.
- If the two parties involved in the settlement negotiations cannot achieve an agreement, the case will be referred to a mediator to resolve the disagreements.
- The mediator is an impartial third person appointed by the court to encourage the parties to reach an agreement. The two parties may agree to have their case settled by a private mediator to expedite the procedure. Only about 1% of worker’s compensation cases end up in court, indicating that mediation is the most common method of resolving disputes. That says a lot about the mediation process and how both sides of a worker’s compensation dispute want the matter resolved as fast and fairly as feasible.
When a worker’s compensation claim is dismissed, issues arise. It doesn’t happen very often, but when it does, the main point of contention is whether the accident happened at work or if the worker should be called an employee. The agreement is brought to a judge for final approval once all issues have been settled.