How a Workers’ Comp Lawyer Can Help
Injured at Work? Here’s How A Workers Compensation Lawyer Can Help.
Workers’ Compensation is designed to be a process that is much quicker than civil litigation (a lawsuit) and requires no proof of negligence by the employer. Claims are paid for work-related injuries and loss of income mostly through workers’ compensation insurance carriers, although some employers are self-insured. Unfortunately, employers and insurance carriers often attempt to limit an injured worker’s benefits.
What an Injured Worker May Be Able to Receive in Compensation
An employee who suffers a work-related injury has a right to the payment of all medical treatment costs required to treat the injury without the payment of co-pays or deductibles. Compensation for lost earnings is also payable if the injured worker has more than 7 days of lost earnings. Compensation benefits include temporary total and temporary partial disability payments and, if warranted, permanent disability benefits for scheduled (body parts that are listed in the workers’ compensation act – such as injuries to an arm or leg) or unscheduled disabilities (such injuries to the shoulder, hip, neck or back, or scheduled injuries that are converted to unscheduled because of factors recognized by law).
In cases an injured worker is either denied a specific type of treatment or the treatment offered is insufficient in duration or extent. Also, permanent benefits may be improperly classified or compensated. If that happens to you should promptly contact us, as we are State Bar of Arizona Board Certified Phoenix workers’ compensation attorneys.
What a Phoenix Workers’ Compensation Lawyer Will Do
If you are uncertain of your rights or believe you have not been treated fairly or properly, an attorney can:
- Explain your rights.
- Negotiate directly with the insurance carrier. Insurance carriers are less likely to give an experienced lawyer the run around.
- Bring the case before the Industrial Commission of Arizona (ICA), the governing board in charge of workers’ comp in the State of Arizona.
- Represent the claimant at a hearing. Circumstances may dictate a legitimate dispute as to what medical treatment is necessary. In such instances, a hearing before an administrative law judge is required.
- File a lawsuit. If an employer fails to maintain workers’ comp insurance or post the appropriate signs litigation may be permitted and necessary.
Contact a Phoenix workers’ compensation lawyer for legal advice.
Make Sure You Have an Experienced Advocate on Yours.
Call Schiffman Law Office, P.C. for Your Free Consultation
Common Mistakes a Workers’ Comp Attorney Can Help You AvoidWorkers’ compensation cases are complicated. The claims process is confusing, and a single mistake can deny you the compensation you deserve. An experienced State Bar of Arizona Certified Specialist in workers’ compensation can help you avoid the pitfalls that stop your claim cold. Here are the most common workers’ compensation mistakes to avoid:
- Not Reporting the Injury Immediately – Waiting too long to report your injury is a huge mistake that can jeopardize your entire claim. Remember, you’re not being a bad employee for reporting a workplace injury. And toughing out an injury can make matters worse in the long run. You need to report your injury to your employer immediately to make certain it’s on the record.
- Not Visiting a Doctor Immediately – You also need to see a doctor as soon as possible. Waiting to see a doctor may put you at risk and leave you without the critical documentation needed to link your condition to the workplace accident. Don’t waste time thinking you’re going to walk it off; go see a doctor immediately following any workplace accident.
- Waiting to Get Legal Assistance – Finding an Arizona worker’s compensation attorney immediately following your accident is imperative. Your attorney will ensure all the necessary evidence is gathered and they’ll help you through the complicated claims process. Remember, even one mistake can hurt your claim.
- Not Reporting All the Relevant Facts – Do your best to report everything you can recall to the necessary parties. Don’t cover up how you’re feeling, and don’t overlook any facts you may believe are insignificant. The more information you have, the better chance you have of getting your claim accepted.
- Settling Too Soon – Injury victims may be tempted to accept the first settlement that comes their way. It’s important to know the value of your claim before you accept any settlement. Otherwise, you could lock yourself into a low figure that doesn’t adequately protect you.
Make sure you have a State Bar of Arizona
Certified Workers’ Compensation Specialist on your side.
Contact the lawyers at Schiffman Law Office, P.C. to schedule an appointment today.