| WORKERS COMP |
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| Q: |
What is worker's compensation? |
| A: |
Worker's compensation insurance provides medical care, replacement of lost wages for temporary and permanent disability and potential job retraining for injured workers.
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| Q: |
Can I sue for pain and suffering and collect workers; compensation? |
| A: |
Generally, no. However, you may be able to sue for damages for pain and suffering, if the accident was caused by negligence of someone outside of coworkers or the company you worked for at the time of the accident. You can not sue your own company, but you may be able to sue someone else if they caused the accident, or if they made the condition worse later on (for example, a medical malpractice claim against a doctor or hospital.)
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| Q: |
What injuries are covered? |
| A: |
A job related injury is covered. It can be an ordinary accident with immediate onset of pain. However, it can also be an episode in which pain develops days or weeks later; it can be a medical condition which develops gradually over months or years on the job; it can even be an old injury which is aggravated by a specific accident at work or a gradual aggravation at work over months or even years. If you think you were hurt on the job report the injury to your employer and file a claim.
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| Q: |
How do I report a claim? |
| A: |
Report a claim to your supervisor or employer as soon as possible. This accelerates the processing of your claim and avoids unnecessary delays or denials of possible benefits.
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| Q: |
How do I file a claim? |
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In Arizona when you are treated by a doctor for a job related injury you should have been given a "pink form" to complete and sign which is a combination form entitled "Worker's and Physician's Report." By signing that form you are applying for compensation benefits.
The hospital or doctor sends the form to the Industrial Commission where it is officially filed. The Industrial Commission will acknowledge receipt by letter within two (2) weeks. Then the insurance carrier of your employer is legally required to take action on your injury and make payments if your claim is compensable.
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| Q: |
What are the time limits? |
| A: |
Remember that your claim must be filed within one (1) year o f the date of injury, or when you learn of the fact that your injury was job related, and that you are responsible for making sure your claim is filed.
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| Q: |
What are the types of claims? |
| A: |
There are two (2) types of workers' compensation claims. There is a medical only claim, which means that only medical expenses are paid, and there is a time loss claim which means medical expenses and temporary compensation benefits for lost wages are paid.
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| Q: |
What are my benefits? |
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On a medical only claim, you are entitled to payment of all the medical expenses associated with your injury, but will not receive compensation benefits for lost wages if you did not lose more than seven (7) days from work.
If you lost more than seven days from work, you should be entitled to compensation at 66-2/3% of your average monthly wage up to a maximum monthly amount of $2100.00. You will be notified by the Industrial Commission of its calculation of your average monthly wage and have ninety (90) days to appeal thereafter if you disagree.
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| Q: |
What is temporary compensation and permanent compensation? |
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Temporary compensation is 66-2/3% of your average monthly wage and must be paid every two weeks while the doctor has you on a no work status. If after active medical treatment a doctor determines that your medical condition is stationary and that you have a permanent injury, the doctor will notify your insurance company. You may then be entitled to a permanent disability award to be paid once per month. Generally speaking your permanent disability award depends upon your lost earnings capacity.
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| Q: |
What types of permanent injuries do the Arizona Worker's Compensation laws recognize? |
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There are scheduled injuries to the eye, hand, arm, foot or leg which are compensated by a specific schedule in the Arizona compensation laws. There are also unscheduled injuries to the hip, shoulder or back which are based upon the effect the injury has on your ability to return to work and the wages you are able to earn compared to your average monthly wage on the date of your injury.
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| Q: |
Am I entitled to medical care after my case is closed? |
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Yes. You are entitled to medical care after the case is closed, as long as you have a permanent disability, either scheduled or unscheduled. After you are medically stationary, you are entitled to supportive medical care to enable you to manage your disability. You are also entitled to reopen your claim to active medical care if there is a significant change to physical medical condition.
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| Q: |
Do I have a right to select my own doctor? |
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You have the right to select the doctor of your choice, unless your employer is self-insured and/or has a medical plan approved by the Industrial Commission.
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| Q: |
Can I change my doctor once I have chosen a doctor? |
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Once you have chosen your doctor, you may not change your doctor without the approval of your current doctor, the insurance company or the Industrial Commission.
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| Q: |
Are there restrictions to leaving the State while under the Workers Compensation System? |
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Yes, you may not leave the State for more than two (2) weeks while under active medical treatment without approval.
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| Q: |
How can I afford an attorney? |
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We can assist you in being represented on a contingency basis which means that the attorney receives an agreed upon percentage, usually twenty-five percent (25%) of any monthly benefits obtained for you.
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| Q: |
Do you need legal advice regarding a Workers Compensation Claim? |
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Please feel free to contact us toll free at 1-800-677-1010 or e-mail: law@lawyersinarizona.com
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