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.
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