A Phoenix Workers’ Compensation Attorney Answers FAQs
Workers’ comp is an insurance system designed to avoid litigation between employees and employers regarding work related injuries. However, the employer and the insurance company have lawyers working for them. It is in your best interest to seek the counsel of a Phoenix workers’ compensation attorney.
Every workers’ compensation case is unique, but there is basic information that all claimants should know. The following answers some of the most common questions.
What Type of Injuries are Covered and What Expenses Are Covered?
For any work related injury or illness, all medical costs are covered and compensation for lost wages is paid. Most injuries are temporary in nature, but as your Phoenix workers’ compensation attorney can explain, permanent compensation may be available, as well as vocational rehabilitation.
Is Negligence an Issue?
The injured employee need not prove any negligence on the part of the employer was a factor in the incident that caused the injury. Additionally, some negligence on the part of the injured employee does not preclude coverage. However, your Phoenix workers’ compensation attorney will caution there are circumstances where an employee’s actions could be so far removed from work related (for example, the commission of a crime) as to render benefits unpayable.
What Amount Is Payable for Lost Wages?
The Industrial Commission of Arizona establishes the payment, which is:
- Based upon the average wage of the injured employee at the time of the injury
- Capped at a specific dollar amount each year
Can the Injured Worker Chose his or her own Doctor?
In most cases, yes. However, one caveat as can be explained by a Phoenix workers’ compensation lawyer, is that if the employer is self-insured, the employee does not have that option.
Can the Employer Be Relied on to File a Claim?
Although the employer is legally obligated file a report, that report does not initiate the claim. A knowledgeable Phoenix workers’ compensation attorney advises the worker file his or her own claim to ensure proper notification is given.
Contact a Phoenix Workers’ Compensation Attorney for Legal Advice
Workers’ comp issues are complex. Make sure you have all the answers and your rights are protected. Contact Alan Schiffman, a Phoenix workers’ compensation attorney, at 602-266-2667.