Accident Attorney Arizona Protects You When Others Fail

Posted on February 10, 2012 by admin

When you drive your vehicle on the road, you place your trust in those around you to behave according to the rules of the road and to exercise a reasonable degree of care. When someone fails in following the rules or behaves in a negligent and careless manner, accidents can happen. Unfortunately, accidents can have devastating consequences, including causing you to suffer pain and incur medical bills. In some cases, accidents may cause a person to miss work, to become unable to work, or to need lifelong care. In a worst-case scenario, accidents can even lead to death.

Whenever you are injured because someone fails to follow the rules of the road, an accident attorney Arizona can help you to seek financial recovery for your loss. Tort and personal injury laws in the state of Arizona allow for accident victims to make a claim against the responsible driver in a car accident so that the victims may be “made whole” or compensated fairly for all that the accident caused them to lose.

An accident attorney Arizona can assist an auto accident victim in recovering the cost paid out for medical bills as well as any money in lost income that resulted from being unable to work. An accident attorney Arizona can also help victims to recover money to compensate them for their pain and suffering, and can even help those who have lost a loved one to seek justice.

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Who is Eligible for Social Security Disability Arizona?

Posted on February 1, 2012 by admin

Social security disability Arizona is a program that is in place to ensure that people who are unable to work can still provide for their own needs and the needs of their dependents. The program provides benefits only to a limited number of individuals, however, and strict qualification standards are in place to determine who is eligible for benefits.

To qualifying for social security disability Arizona benefits you must prove that your condition is severe and has lasted or is expected to last for a year or more, or that it is expected to result in death.  Whether your condition is severe or not is determined by whether your condition, including your symptoms, has more than a slight impact on your ability to perform basic work related activities, such as how long you can sit, walk or stand, how much you can lift, how well you can see, etc.     

The Social Security Administration has also prepared a list of medical conditions related to different body systems, such as the musculoskeletal system, pulmonary and cardiovascular systems.  If you have a condition or combination of conditions that meet or equal all of the requirements of a condition in the list, you will be found disabled, so long as you are not working and earning more than the permissible limit.  If you do not have a condition that meets or equals a listed impairment, further analysis of your claim is required, including a determination of whether you can perform your past relevant work (work performed in the 15 years before your disability began) and whether there is any alternative work you can perform based upon your present functional capabilities (“residual functional capacity”) and your age, education and work experience.

In addition to these requirements, you must have worked enough under the Social Security system (paid in enough FICA taxes) to have insured status. 

An experienced social security disability Arizona attorney can help you to understand what the criteria are and can assist you in proving your entitlement to benefits.

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Social Security Disability Arizona Benefits

Posted on January 15, 2012 by admin

Social security disability Arizona benefits are designed to provide income to those who are not able to work as a result of having a covered disability. Being disabled for purposes of social security disability benefits may not be the same as being disabled under other benefit programs, such as workers’ compensation, and it is important that you understand the criteria for being considered disabled in order to determine your eligibility for benefits.

The Social Security Administration will find a person disabled if they either meet or equal the requirement of what is referred to as the “Listing of Impairments” or the person proves that (s)he is unable to perform either her/his past work (usually work performed in the last 15 years) and is unable, because of medical impairments, to perform any alternative work after considering the claimant’s age, education and work experience.

The Listing of Impairments is contained in the Social Security Administration’s regulations.  It is a comprehensive list of different body systems and conditions that afflict both adults and children. If your condition is listed, you must meet the specific criteria spelled out in the Listing or have a combination of impairments that equals a listed impairment. 

In addition to proving your condition is severe enough, you must also prove it is long term (has lasted for 12 or more months or will last that long), and you must also meet other specific criteria dependent upon whether you apply for benefits through supplemental security income (SSI)(which requires you to be indigent and disabled) or social security disability insurance (SSDI) (which requires you to be insured and disabled). An experienced attorney can help you to determine if you meet the social security disability Arizona requirements based on your medical condition and financial/work status.

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Arizona Workers’ Compensation Benefits

Posted on January 3, 2012 by admin

Arizona workers’ compensation system is intended to provide a quick remedy for injured workers by paying for all of the required medical care and a percentage of the injured worker’s lost wages.  Workers’ compensation benefits are distinct from social security disability benefits, because workers’ compensation law requires that the injury arise out of and in the course of the claimant’s work while social security disability provides benefits to those who meet the criteria proving they are disabled, regardless of how the disability or injury occurred.

Eligibility for workers’ compensation benefits hinges upon whether you are able to prove the injury is work related or not. This is usually easiest when an accident happens at your normal place of business while performing work duties. It is, however, also possible to prove your entitlement to workers’ compensation benefits for injuries that develop over time as a result of repetitive work stress, or for injuries that manifest year later as a result of exposure to toxins at work. Activities that have a combined personal and work relationship can also be covered, depending upon consideration of various factors.  Proving entitlement to workers’ compensation benefits in such cases is more challenging and the assistance of a qualified workers compensation attorney will likely be required.

It is important to note, however, that under no circumstances do you need to prove your employer was negligent in order to receive workers compensation benefits. This is because Arizona workers compensation is a no fault system and no negligence is required for an employer to be responsible for a work injury.

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Accident Attorney Arizona—Why Hire One Whose Legal Practice Emphasizes This Area of Law?

Posted on November 28, 2011 by admin

Accidents happen. And as unfortunate as that sounds, there is often no way around them. Having said that, when that fateful day comes and you are in an accident that is not your fault you need to consult with an attorney whose legal practice emphasizes accident law.

Here’s why:

  1. They’ll know exactly what to do—Since you don’t deal with accidents every day, you likely aren’t sure what steps to take. On the other hand, your accident attorney Arizona does deal with accidents on a daily basis. Therefore, he will know exactly what steps to take moving forward.
  2. They can make sure you rights are protected—Odds are you have no clue what your rights are. For example, you may think that since the officer ticketed you in the accident that the accident is automatically your fault. But is it? You need to ask an attorney who knows the law well to get the truth.

Need an accident attorney Arizona? Get over to schiffmanlaw.com now!

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What Sort of Arizona Workers’ Compensation Lawyer Should You Employ?

Posted on November 14, 2011 by admin

After your on-the-job injury, you have found yourself searching for an Arizona Workers’ Compensation lawyer. To increase your chances of getting an excellent result or settlement, you need to find a top rated Arizona Workers’ Compensation attorney.

Now, who the “best” attorneys are implies an opinion. People are going to disagree on who are the best lawyers. And searching online will yield plenty of conflicting information on that topic.

So is there some way to quantify “best?” Well, here’s the advice we can offer you. Look for the following criteria and you will find an attorney who is more than capable of doing a great job on your case.

  1. Hire someone who has been in the business for a long period of time.
  2. Check to see how they have been rated by Martindale-Hubbell and by Super Lawyers, Phoenix Magazine and other publications.
  3. Make sure there is a State Bar of Arizona certified specialist in the firm.
  4. Make sure they offer you a no cost consultation.
  5. Make sure they have good client reviews and testimonials.

Finding someone who meets the above criteria means you have found someone who is experienced, trustworthy and a proven winner. That’s exactly what you need out of your Arizona Workers’ Compensation attorney!

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How an Accident Attorney AZ Can Help

Posted on October 25, 2011 by admin

An Arizona accident attorney can help you in a number of different ways after an accident or injury including:

  • Collecting evidence to prove fault and to show how serious your injuries are. The stronger the case you have against the person who injured you, the more eager his insurer will be to settle… and to settle fairly.
  • Assessing the expected damages you will receive based on tort law damage rules. This includes helping you to determine how much you should get for medical bills, lost wages, pain and suffering, emotional distress or other damages like wrongful death or loss of companionship.
  • Negotiating with the insurer to get you the full amount you deserve. Insurance companies may be more willing to negotiate fairly with an attorney both because of the attorney’s professional knowledge and because the insurer knows the lawyer can and will go to court if an offer is unfair.
  • Negotiating with and/or properly addressing lien issues.  Different medical providers claim a portion of the recovery made by an injury victim.  There are rules and cases that address these different lien claims.  An experienced attorney can help you properly navigate these claims to maximize your recovery. 

Schiffman Law Office, P.C. provides you with all of this help and more. If you are involved in an accident and need an accident attorney Arizona, Schiffman law Office P.C. can help you to get the justice you deserve.

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What Is AZ Workman’s Compensation (Arizona Workers’ Compensation)

Posted on October 15, 2011 by admin

AZ workman’s compensation (workers’ compensation) is a system for compensating people hired or injured in Arizona who suffer an injury as a result of their job or work. Arizona workman’s comp (workers’ comp) is the primary means of recovery for a person injured at work and it is important that you consult with an Arizona attorney specializing in workers’ compensation to find out what your rights are within this system.

When Can I Recover Through AZ Workman’s Compensation (AZ Workers’ Compensation)?

You may recover the cost of your medical bills, as well as disability and other benefits, through the workers compensation system. Such benefits are generally available if:

  • You suffered an accident at the job site or while performing required work tasks anywhere else. The injury could have occurred anywhere and it will still be covered as long as you were doing some activity “arising out of and in the course of” your job.  This can include various personal activities, especially if you were on the employer’s premises when engaged in the activity.   
  • You were exposed to toxins at work.  If you were exposed to asbestos, mold, lead or any other toxin on the job and got sick as a result, workers comp should cover you as long as you can link your illness back to your job.  There are special rules that apply to “occupational diseases.”
  • You developed a repetitive stress injury. If you do a motion or task repeatedly over and over at work, this can cause a repetitive stress condition to develop. Again, you can recover the costs of treatment as well as disability benefits as long as you can link the condition to work tasks.
  • Mental conditions.  If your work is the cause of a mental condition, this can also be covered.  However, there are special rules that apply to such claims and the burden of proof is different than with respect to claims for physical injuries. 

It is important to note that negligence is not listed as one of the requirements; unlike in tort cases, an employer doesn’t have to be negligent or have fault for you to get AZ workman’s compensation benefits (workers’ compensation benefits).  In fact, even if the injury is as a result of the workers’ negligent conduct it can still be covered, subject to various limitations. 

To learn more about the benefits program and whether you can qualify for Arizona workman’s comp (workers’ comp), contact Schiffman Law Office, P.C. today.

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Understanding AZ Workers’ Compensation

Posted on October 10, 2011 by admin

Under Arizona law, the AZ workers’ compensation program protects those who suffer a work-related injury. Almost all employers in Arizona are required to buy workers’ compensation insurance for all employees, which means almost every worker in the state is covered. When an employee is covered under workers’ compensation, he or she may not file a lawsuit against his employer for work related injuries, except under limited circumstances. He may, however, be able to make a workers’ comp claim even in the absence of employer negligence.

The purpose of the workers’ compensation system is to make sure that all employees get the medical care they need if they suffer an injury at work, and to ensure that no employee is left unable to support himself or his family after an accident or injury. When an employee suffers a work related injury, unless that employee has expressly done something to disqualify himself, he may recover compensation including payment of medical bills and disability benefits if he is unable to work.    

Despite the broad coverage under workers’ comp law, some AZ workers’ compensation claims are denied. As such, it is important to have a lawyer both help you to make your claim and help you appeal if your claim is not approved. The lawyers at Schiffman Law Office, P.C. can put their extensive experience handling workers’ comp claims to work for you in order to get you the best possible results.

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What Injuries Does Arizona Workman’s Comp Cover?

Posted on October 1, 2011 by admin

Arizona workman’s comp covers all work related injuries suffered by employees. These injuries may be caused by an accident, such as a fall on the job site. The work related injury might also be one that develops over time, such as repetitive stress injuries caused by working on an assembly line. Workers compensation in Arizona also provides coverage for illnesses that occur as a result of exposure to toxins on the job.

When you suffer a work related injury, the key test to determine if Arizona workers compensation will cover your injury is whether or not the injury is work related.  This doesn’t mean it had to have occurred at the spot where you go to work every day; if you were in the field, or on a required work related errand, for example, your work injury can still be covered. Commuting injuries and injuries incurred when attending voluntary events are, however, not typically covered under workers comp.  However, the circumstances of each injury must be reviewed to determine if the claim is potentially compensable or not.   

When a claim is covered, workers are entitled to a variety of different benefits including the payment of medical bills and compensation for loss of earnings and permanent disability. Employer negligence is not a prerequisite to obtaining workers compensation coverage and employee negligence is not an automatic disqualifying factor.

To determine if your work related injury is covered under Arizona workman’s comp, contact Schiffman Law office, P.C.

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