Workplace Injury

Have you recently been injured on the job? You are probably wondering how you will pay for your mounting expenses and who is responsible for those costs. A Phoenix workplace injury attorney can provide you with the guidance and excellent legal services you need to obtain fair and just compensation for your injuries. Each year, countless workers are injured and/or become ill as a direct result of their work environment. An expert attorney can help you get compensation to cover medical bills, missed days of work, and other expenses.

Many people think that their only recourse for an on-the-job injury is filing a workers’ compensation claim. While this may be true in some cases, there can often be other claims to pursue, and other people and companies who may be liable to you. It is important that your attorney understand what workers’ compensation covers, how the system works, and who else might be liable to you for additional damages. Lebovitz Law Group works hard to investigate your claim and ensure that you receive the compensation to which you are entitled, including filing a workers’ compensation claim on your behalf, as well as instituting any other applicable actions against others who may be liable for your injuries.

The workers’ compensation system can be a major benefit to employees who are injured on the job. As a general rule, it provides compensation to employees after a workplace accident, and also prohibits employees from filing lawsuits against their employer for their injuries. However, how much compensation the employee can receive in workers’ compensation benefits is usually determined by the employer’s workers’ compensation insurance company and applicable law. It works as a “no-fault” system for accidents on the job. In addition to accidents, the law covers injuries that progress over time and occupational diseases that result from exposure at the workplace or in connection with the work that you do. There are a number of issues that must be examined in any workers’ compensation claim, including:

⇒ The nature and extent of the injury;
⇒ Whether the injury arose during and in the course of your employment;
⇒ Whether the injury was the result of an accident or a gradual injury or occupational disease;
⇒ Whether the employer has fulfilled its responsibilities under the law;
⇒ Whether the claim was filed within the time specified under the law, or whether the filing of a late claim is permitted (though, it is usually not); and
⇒ What the damages sustained by the employee are.

Arizona workers’ compensation laws have been revised over time, and these changes may affect your claim. So, it is important to have a lawyer on your side who is familiar with the law governing injuries on the job.

There are a number of benefits that may be available when you file a workers’ compensation claim. Unlike damages in other claims or lawsuits, the type and, often, amount of workers’ compensation benefits is governed by statute. In addition, you are not entitled to damages for “pain and suffering” under an Arizona workers’ compensation claim.

Medical Benefits.

Any medical expenses qualify for coverage, including things such as an emergency room visit, hospital stays, doctor visits, medicine, and similar items.

Wages.

If you lose more than seven days of work, you are entitled to recover a portion of your lost wages. The wage benefit you receive is based upon your average monthly wage. You can challenge the amount recommended by your employer, but you bear the burden of showing that you are entitled to more than that proposed. There are also maximum limits on wage benefits, depending upon your work income.

Disability.

If your injury results in permanent disability and lost time from work, there are several categories of disability that may be applicable. Temporary total disability concerns the time period, if any, during which the doctor says that you are not released to do any work. Statutory benefits are set at a percentage of your average monthly earnings. Temporary partial disability benefits cover any time period for which the doctor says you are able to do some work, but during which you continue to be under a doctor’s care. Your benefit will be a percentage of the difference between your average monthly wage and the amount you are currently making. Permanent disability is the stage at which your injury is not expected to improve, and you may be eligible for permanent disability benefits, which is ordinarily a percentage of permanent disability. Note that your employer (or the insurance carrier) can challenge the existence and amount of the disability.

The workers’ compensation system is fraught with pitfalls for the unwary, and the potential of losing your rights and your benefits is very real if you do not obtain the assistance of a knowledgeable Phoenix workplace injury attorney.

Disability Lawsuits Against Others for Job-Related Injuries