When seriously injured at work, you may be confused on what you can do for help. The Arizona Workers Compensation Guide was created by Free Injury Advice to help Arizona residents who have been hurt by the negligence of another.
When you get hurt at work, your life can flip on its head in a moment. We are terribly sorry that you have had to experience this. We know that this time is very difficult for you and we want to make it easier by handling your legal issue for you. Please get in contact with our Arizona workers’ compensation attorney as soon as you possibly can to set up a free first consultation with us to get invaluable legal advice. Call today.
The Purpose of Workers’ Compensation
If you’re hurt at work, you are entitled to go through your employer’s workers’ compensation insurance in order to be covered for your damages. This is the first path for relief for your damages and can cover your hospital bills and medical fees, as well as the lost wages you will miss out on while you’re healing. Workers’ compensation is meant to get workers back in the workplace. You should take advantage of it when you’ve been hurt at work.
Workers’ compensation is given to a variety of different types of workers for many various reasons. A lot of these cases come from construction workers, but we see cases from a variety of workers such as retail workers, office workers, lifeguards, and delivery workers. Any injury that you receive at work, whether or not it was from a labor job or tripping in an office, can be compensated through your employer’s workers’ compensation insurance.
One example of a kind of claim that we have seen is if someone was up on a ladder in the stock room and messed around and fell off the ladder, suffering broken bones. They could apply for workers’ compensation. Also, a claim that we have seen would be a construction worker getting seriously injured by an object falling from a height on the construction site.
What we would not want for you to have to go through is thinking that you don’t have a claim and ending up missing out on compensation for your damages. You should always file a claim if you’ve been injured at work regardless of where you work and how you got hurt.
What You Do After the Accident
As soon as you are hurt, you should report your incident to your employer. You need to make them aware of your accident and if you were injured. They will likely make an accident report, which will be kept in your file and you should receive a copy of. If you are seeking workers’ compensation, this is a very important first step for any case because it begins the process of official documentation. You don’t have to go to the head of the company to make an accident report. It can be a manager or a supervisor. What we don’t want you to do is turn to a coworker and tell them you’re going to go to the doctor without officially reporting it to someone in charge. You need to officially document it so that we can have those documents for our records in your case.
After you report your injury and then seek immediate medical care, you should get in touch with our Arizona workers’ compensation attorneys to set up a free consultation. They will listen to the details of your case and give you advice on what you should do next. The most important thing immediately after your accident that you will hear from our attorneys is to get the treatment that you need.
You need to be taking care of your health because your injuries could get worse if you delay seeking medical care. If you don’t get treatment right away, the insurance company could grow suspicious that you lied about how you got hurt or how badly you were hurt which would prevent you from getting the justice that you need.
Why You Should File for a Claim
A lot of issues can come up after you are seriously injured at work. You may find that you need surgeries or you won’t be able to return to the same type of work that you used to do. What workers’ compensation does for you is it allows you to get the treatment that you need without having to worry about the burden of the finances. If you need physical therapy for six months, workers’ compensation will cover that for you. If you need a major surgery, you would want to file for workers’ compensation. Even your medication costs are covered most of the time through workers’ compensation. In some instances, you may even be able to get your travel to get your medical treatments covered.
Our Arizona workers’ compensation attorneys would be happy to answer any of your questions about this during your first free consultation, which we can set up when you call us today.
Eligibility for Workers’ Compensation in Arizona
Every employer in Arizona is legally mandated to carry workers’ compensation insurance for their employees who get hurt. If they fail to do this they can get in trouble. Here is what you need to know:
If you are in a company with more than one employee working full-time or part-time and you get hurt on the job, then according to Arizona law, you should be provided workers’ compensation. The way it works is your employer will pay a premium, which will cover the workers’ compensation claims, should there be any. If your employer does not offer you workers’ compensation coverage, then the industrial commission of Arizona or the ICA can step in to give you the compensation that you deserve for your workers’ compensation claim. Typically, it will not matter how you were hurt or whether or not it was someone’s fault. In Arizona, when you get hurt, you will more often than not be eligible for a workers’ compensation claim. The only stipulation is that your injury was caused by activities in the workplace and you will be able to receive benefits.
Filing a claim
As stated, the first step in filing a claim is to have reported your injury to your employer. They are legally required to tell the ICA about your injury at the workplace. You will then file a claim with the ICA by submitting a worker’s report of injury form, which our Arizona workers’ compensation attorneys can walk you through.
Or, if you are at a doctor’s office when you are getting treatment for your workplace injury, you and your doctor can complete worker’s and physician’s report of injury and that will be submitted to the ICA by your doctor’s office. Either way, this claim needs to be filed within a year of you getting hurt at work.
The ICA will let you know when they receive your claim through an acknowledgment letter. If you don’t hear back from them within two weeks of filing your claim, you should make a call to confirm that they saw your claim. From there, the insurance company will decide whether or not you will be granted benefits, and that process typically takes three weeks.
In Arizona when you are hurt at work, your employer can pick the doctor who gives you your first medical assessment after the injury and starts your treatments. Following this, you can go to whomever you want.
Your workers’ compensation is intended to cover all of your medical treatments that are associated with your workplace injury within reason and necessity. Workers’ compensation allows you to receive this treatment without having to pay out-of-pocket for any of your treatments.
You can receive coverage for your lost wages as well as permanent disabilities.
If you are out of work for more than a week, you can collect compensation for your lost earnings which is called lost time benefits. Your doctor is going to have to say explicitly that you are not able to return to work. It needs to be in writing.
What lost time benefits breaks down into is 2/3 of what you would earn in a month based on what you were paid before you were hurt. The cap on your monthly benefits in Arizona is $4521.92. This is a temporary benefit and you can receive it only while you are being actively treated by your doctor. Once your doctor says that you can return to work, you get a letter from the insurance company that lets you know that you’re cleared to work again. If you can only return to part-time work after you used to do full-time work, you can continue getting your lost time benefits which will be 2/3 of the difference in your wages.
If in the course of your treatment your doctor finds that you are not improving any further and you won’t be expected to, they will be then determine whether or not you will be on permanent disability. If this happens, then your doctor will display a percentage of how disabled you are. Along with your demographics, such as age, education, and past earning capacity, you will be given a rate of compensation for your permanent disability benefits.
If you receive a denial of benefits, you have the right to request a hearing within 90 days of this initial decision. If you go forward with the hearing you need to fill out a request form for the ICA. Or you can write them a letter requesting a hearing with an explanation of why you want one. From there, the ICA will provide you with the date and time of your hearing and typically you will have a three-month waiting period before you have your hearing.
Frequently Asked Workers’ Compensation Questions
Am I Eligible even if my Work Injury Was my own Fault?
When someone’s hurt on the job in Arizona, there can be lots of reasons why you could be partially or maybe totally at fault. The good news is that, in Arizona you’re still eligible for benefits.
Our workers’ comp attorney will tell you that there’s an exception if you intentionally caused your own injury, but we have never had a client that we’ve had in that situation. As long as you didn’t throw yourself in front of a bus, you’re going to be okay. That’s the good news.
Remember, any question like that, call us. Talk to Daniel Garza, our workers’ comp attorney. The call is free; the information is free. The person who’s going to benefit the most by making that phone call is always you.
Are Repetitive Motion Injuries such as Carpal Tunnel Covered?
This is a very common question that comes up when people are injured through what’s called repetitive motion injuries, with the most common being carpal tunnel. You’re at a computer or keyboard all day long. Then suddenly, you can’t do it anymore. You’re referred to a doctor.
There are very different treatments you’ll discover. Some doctors immediately want to slice and dice your hands up. Other doctors say that’s the worst thing you can do. They have other types of non-invasive treatments and therapies for carpal tunnel syndrome.
One of the benefits of calling our law firm and talking to our workers’ comp attorney, Daniel Garza, is we can refer you to the specialists who start with a non-invasive approach. They’re not going to go start slicing open your nerves because that doesn’t always improve the situation. It certainly doesn’t make your hands and wrists look pretty. We can make those referrals.
Back to the basic question: Is that going to be covered by workers’ comp? The answer, generally, is yes. Now, can the insurance carrier contest it? Yes, they can.
That’s even more of a reason to call and talk to our workers’ comp attorney, Daniel Garza. If we get you to the best doctors, we can often reduce the possibility of your claim being denied for reasons that the insurance company comes up with. Remember, the call is free; the information is free. The person who’s going to benefit the most by making the call is always you.
Can I Be Fired or Lose my Health Insurance if I File a Claim?
Our workers’ compensation attorney, Daniel Garza, is asked that question every week. The answer is important information to have because it’s a very common situation. Here’s what Daniel Garza will say— yes.
What does that mean? Don’t you have some kind of protection from getting fired? You might, but not in the workers’ compensation system.
If you are fired, and an employer can say you’re not available for work, you don’t necessarily have a claim, as Daniel Garza would tell you, under the workers’ compensation system. They still might have to pay your medical bills and benefits, but they don’t have to keep a place open for you if you’re not able to do the job. There are other laws that can protect you beyond workers’ compensation, however, so call us. They’re specialized, employment-based laws. There are federal laws and state laws. We can refer you to an attorney who can analyze your situation and find out if some of those apply to you and protect your job, or pay you additional compensation beyond your workers’ compensation benefits for being fired or laid off.
If anything like that is going on, call us. We’ll be happy to make those referrals for free. You can discuss these issues with an employment-based attorney and find out if you do have a valid claim and what it’s going to take to pursue it. Remember, the call is free; the information is free; the referrals are free. The person who’s going to benefit the most is always you.
Can I Get Work Comp if a Previous Injury Was Aggravated on my Current Job?
The question often arises where if someone has a preexisting condition, but it wasn’t that bad, can you get compensation when your work injury has aggravated something that was a small problem before, but is now much bigger?
If you call and talk to our workers’ comp attorney, Daniel Garza, he’ll give you a simple, straightforward answer— yes, if medical proof is provided.
Call us because we can refer you to doctors. There’s not a lot of doctors out there that really handle workers’ compensation cases, except for the ones who work mostly for insurance companies and for employers. They don’t always have your best interests in mind. We can refer you to a select group of private doctors who do handle workers’ compensation cases and do not work principally for insurance companies or for employers.
Call us for a free consultation and we’ll be happy to share with you the top orthopedic surgeons, neurologists, and other specialists who have your interests first. If you do that, the person that benefited by making that call is you.
Can I Sue my Employer or Co-Worker for Causing my Injury or Illness?
This is a very common question for people injured on the job in Arizona is – especially if they have a boss that they don’t like and may have done something like not maintain some equipment. If you talk to Daniel Garza, our workers’ compensation attorney, he’ll say, even in that case, if there was negligence or something like that, you can’t sue your boss in Arizona. You can’t sue another employee in Arizona because the workers’ compensation system actually protects the boss from being sued.
Why is that? Daniel Garza would explain because they’ve made a choice in Arizona and actually every other state that they want to protect employers from being sued by their employees. In exchange, they give you this workers’ compensation system where you don’t even have to prove who’s at fault. Even if the employee’s at fault, you’ll still get benefits. Now, will you get benefits like pain and suffering if it was in a personal injury case? No, but we can still work to maximize your benefits, both short-term and long-term.
There are some limited exceptions to this that are very rare. Let’s say your employer intentionally injured you, or your co-worker intentionally injured you. There might be a situation like that where in addition to your benefits, you could sue the employer directly.
These cases can benefit from a skilled, experienced attorney like Daniel Garza’s analysis. You don’t want to just go off half-cocked, so to speak. You really need to call and talk to Daniel Garza directly about your case. Remember, the call is free; the information is free; the analysis can be priceless. The direction and the result that you get many times are going to result in hundreds of dollars, sometimes thousands of dollars more in your pocket. The person who can benefit the most by making that call is you.
Can my Claim Be Denied if I Don’t Report the Injury in Time?
This question often arises for people who are injured on the job. If you talk to our workers’ comp attorney, Daniel Garza, he’ll tell you the answer is yes. You don’t want to mess around. You want to make sure that your injury has been reported.
Many times, potential clients aren’t sure. They talked to their supervisor but don’t know what happened after that. Talk to Daniel Garza, our workers’ comp attorney. He’ll analyze your exact situation. If necessary, we’ll help you file a claim to make sure it’s been done.
Remember, if you call us, the call is free; the information is free. It can make a big difference in both your short-term and your long-term benefits. Call us. Please remember that the most important client we have is you.
Do I Have to See a Company Doctor for Medical Treatment of a Work-Related Injury?
The question comes up, almost in case after case for people who are injured on the job, whether you have to see the company doctor if you’ve been injured on the job in Arizona.
If you talk to our workers’ compensation attorney, Daniel Garza, what he’ll tell you is, yes, one of the rules in Arizona is that you do need to see your company doctor at least once. Now, if your company is self-insured, it’s more. They have the right to choose the doctor for you forever, for life. We have clients in that situation who still aren’t getting the care they need. That’s tough. That’s an important reason to call and talk to Daniel Garza, our workers’ compensation attorney.
Generally, for most people, they only have to see their company doctor once. Here’s something that Daniel Garza will tell you that the company doctor doesn’t let you know and your own company doesn’t let you know generally. That is, if you only see the company doctor once, you can go choose your own doctor after that.
Call us, and we’ll give you a referral to great doctors who are private doctors who don’t work generally for insurance companies and don’t work generally for employers. They just work for your benefit. There are not a lot of those doctors out there— private doctors who will work with the workmen’s compensation system.
We have great doctors. They have enough patients that they’re willing to see our clients. We’ll refer you to great doctors who will accept the workmen’s comp benefits and they’ll give you care that’s focused on you instead of just what’s going to necessarily benefit the insurance company or the employer.
The other rule that your employer doesn’t tell you is if you go see the doctor twice, then you’re at least for the short-term stuck with the company doctor. Now, if the company doctor is doing a good job taking care of you, okay. Often, we get calls from people going, oh my gosh, this doctor said I’m fine. I need to get back to work and I’m in excruciating pain. What can I do? In that situation, you made the right first step. You made a call to us.
Talk to our workers’ compensation attorney, Daniel Garza, and we can refer you to those private doctors. When they see you, if they find things that the company doctor missed, they do MRIs, more studies the company doctor didn’t do, then they can file what’s called a change of doctor request. Most of the time, those are approved. Then you can start getting the care that’s really what probably could have benefited you from the beginning, but at least you get it now.
That’s another reason. If you feel stuck and locked into seeing the company doctor, they’re not giving the care you need, call us. The call is free; the information is free; the referrals are free. The person who’s going to benefit health-wise and financially is you.
Do I Need to Report My Injury?
The short answer is yes. We get asked that question all the time. Our workers’ comp attorney, particularly, often responds to that.
There was a recent situation where the employee had mentioned it to his supervisor, but he didn’t know if his supervisor had reported it anywhere else. He wasn’t even sure if it had been reported. That’s a perfect situation that – and he was hesitant because he didn’t know. He didn’t want to rock the boat. That’s a perfect situation to give us a call. Talk to Daniel Garza, our workers’ comp attorney. He’ll be happy to advise you about your specific situation.
The fact is that if you’re not sure if the claim has been made, we can actually help you file your own claim to make sure it’s been done.
If you’ve been injured on the job, call us. The call is free; the information is free. We’re here to help you.
How Do I Choose the Best Worker’s Comp Attorney?
Daniel’s answer is, “Well, how did you find out about me?” Clients often say they got a referral from other clients. That’s a good reason. Or they say they went to a wonderful doctor and told the doctor that they probably needed to have their case reviewed. The doctor said to call Daniel Garza. There you go; that’s more validation.
Let’s say you weren’t referred or you weren’t recommended. In a situation like that, ask the attorney how many workers’ compensation cases they’re handling right now. If the answer is two or three, that’s probably not the firm that you want. You want someone who’s experienced, who’s been doing this. Daniel’s got over 20 years’ experience. Virtually, there’s almost no situation that he hasn’t seen. When you talk to him, you’ll discover that.
Make sure they’re experienced. Make sure they generally get good outcomes, and have been referred by a past client, a doctor who does workmen’s compensation, sees workmen’s compensation patients. If you get a referral like that, you’re in pretty good hands.
Remember, call us if you’re injured on the job. The call is free; the information is free. It can make a big difference in the amount of benefits that you get, and both short-term and long-term. Just remember we put you first.
How Do I Pay My Bills While I’m Waiting for My Worker’s Compensation Payment to Start?
This question often arises for someone injured on the job, especially if there’s a question about when benefits are going to start. In that particular case, that’s even more of a reason to call our law firm, our workers’ comp injury law firm, and talk to our managing attorney, Daniel Garza. The reason is because there are other resources available in the community to help you in that situation. Many of them aren’t commonly known.
For instance, we can make a referral to you to a wonderful lady who works for a charity downtown. She has amazing connections. She can even help people who need housing that are homeless and find a place for them, a good place, and also help them with getting benefits. All these things can help you. She never charges anything for her services.
Of course, if you’ve got family resources, and cousins, and parents, they can chip in. Their assistance sometimes doesn’t go too far. Even in those situations, that’s an additional reason to call our workers’ comp injury law firm and talk with Daniel Garza, our workers’ comp attorney, and our staff. We’ll be happy to make those referrals and introduce you to other resources to help you along until you can get your benefits, until you can get a hearing. Sometimes the hearings right now are taking six months. It’s important that we offer you those other resources to help you until you can get your benefits restored.
Remember, if you’re in a situation, you’re wondering how you’re going to get your bills paid, that’s even more of a reason to call us. The call is free; the information is free. The person who’s going to benefit the most is you.
How Long Do I Have to File a Claim?
This question often comes up when someone’s injured on the job. People have heard or maybe seen on the Internet that you can have up to a year. People think they have plenty of time. Not necessarily.
If you call and talk to our workers’ comp attorney, Daniel Garza, here’s what he has said to clients in the past and here’s what he would say right now : One year is the maximum amount of time, but there are other rules that require what’s called forthwith reporting, which is an old English way of saying you better do it quick. You better do it as soon as possible. You don’t want to sit around and twiddle your thumbs and say, well, let’s just see what happens and just before a year is up because the insurance carrier can go, oh no, you could have reported this way before now. You are out of luck.
Call us early. Daniel would be happy to talk to you over the phone. He’ll give you advice for free and advise you of your particular injury, your particular claim. If you’re not even sure if the claim has been filed, we can help you file the claim.
The earlier you ask for our assistance, the better. And if you’re already getting benefits, we’re not going to take anything out of your check that you’re already getting, but we can make sure that you’re getting the right amount. If you’re not, and we increase it, well, then maybe we deserve something for that. If you’re already getting benefits, we don’t touch that; only if we can get you more or long-term. That’s the only time that we get paid.
You can call us anytime for free information. Remember, the call is free; the information is free. The only one that’s going to benefit right away is you. You are our most important client.
How Long is my Case Going to Take?
A common question that people who are injured on the job ask our workers’ comp attorney, Daniel Garza, is how long it takes to resolve my claim. They’re hoping that Daniel can give them an answer.
The truth is it can be extremely short or it can last, especially if you qualify for lifetime benefits, a lifetime. That’s two wide extremes. How do you know what might apply in your case? That’s why we recommend you give a call to attorney, Daniel Garza, our workers’ comp attorney, and have him analyze your specific situation. Then you can get at least a clearer picture of how long it’s likely to take to resolve your claim.
Daniel doesn’t have a crystal ball. He can’t tell how long your medical care and things like that are necessarily going to last. He can read the reports, the medical reports. He can, based on his experience, get some idea. You want to get a better picture of your case, pick up the phone, call. The call is free; the information is free. The person who’s going to benefit the most by making that call is you.
If I Am Injured at Work, What Medical Bills Are Paid?
When people call in and ask that question of our workers’ comp attorney, Daniel Garza, the short answer he will say, and has said in recent inquiries, is yes; however, there is a qualification. That’s why you need to call and find out what those situations are so you’re not the one that gets burned and stuck with the medical bills.
Here’s the catch. If you have one doctor treating you for a particular condition, then yes, your bills are going to get paid by the workers’ comp system and the insurance carrier. Let’s say you’re not happy with the treatment you get there. You just go and see your own doctor. That doctor refers you to another doctor. Now, you have three doctors treating you for the same condition.
That’s going to be a situation where you won’t all necessarily get paid. It is a situation where you absolutely need to call us. Talk to our workers’ compensation attorney, Daniel Garza. He can steer you and guide you in a direction where you get better care, even if it involves a change of doctor notice that’s approved. They’re usually approved, by the way. You get the care you need and the doctor that’s really taking care of you gets paid, so they don’t get left out in the cold, so to speak.
Anytime that you don’t feel like you’re getting the care you need, pick up the phone, call. The call is free; the information is free. The person that’s going to benefit by getting better medical care and better benefits and long-term rewards is you.
If I Am Permanently Unable to Return to Work, Am I Also Entitled to Disability Retirement Benefits through my Place of Employment?
Can they qualify for both workers’ compensation benefits and Social Security Disability benefits? If you talk to Daniel Garza, our workers’ compensation attorney, he’ll advise you the answer is yes; however, it’s a complex situation. If you’re already getting one or the other, you definitely want to call and talk to Daniel about your specific situation.
Why? Because Social Security Disability will be able generally to claim in the offset for your workers’ compensation benefits. There are ways to structure things so that your benefits can either be maintained or increased or have more come out in your favor. Some of them are complicated, so that’s a reason that you need – if you’re already getting Social Security Disability or you’ve been off work for more than a year and you could be eligible, that’s a reason to call our law firm and talk to Daniel Garza. He can advise in your specific case what other measures could be taken to preserve both of your benefits so it’s maximized in your favor. Remember, the call is free; the information is free. The person who can benefit the most is you.
If I Am Unable to Go Back to Work or Make as Much as I Did Prior to the Injury? Am I Entitled to Wage Replacement?
Clients call and ask our workers’ comp attorney, Daniel Garza, that question all the time. Generally, he’s going to advise you that in that situation, you can qualify for temporary partial disability depending again on the stage of your case. If you want to know how that applies to your case in particular, that’s perfectly why you need to call and talk to our Daniel Garza, our workers’ compensation attorney. He’ll advise you how that applies to your specific case.
A very common situation is you’ve seen the company doctor. The company doctor, after a little bit of treatment, says, okay, I’m going to release you to go back with light duty. You go back on light duty and either there’s not as much available for you or you’re not paid the same and so your earnings are reduced. That’s a very common situation. If that’s what’s happening, call us. Talk to Daniel Garza. He’ll be happy to share his 20 years’ experience with you.
If your medical care isn’t really what you need, we can refer you to private doctors who don’t work principally for insurance companies and don’t work principally for employers. There’s not a lot of those doctors out there. They’re going to look out for your own interests first. That can result in you getting higher benefits and more long-term rewards. Remember, the call to us is free; the information is free. The person who’s going to benefit the most by making the call the earliest is always you.
What Injuries and Illnesses Are Covered?
The question almost always comes up when people are injured on the job: What kind of injuries are covered in Arizona under workman’s compensation? The short answer that Daniel Garza, our workers’ comp attorney, will tell you with that is any injury that is related to the course and scope of your employment is covered. That’s the good news. Now, the reason why – another reason why you want to be talking with Daniel Garza is because he’ll also say but the insurance carrier may have a very different opinion – and their doctor has a very different opinion about whether your injury occurred during your work or you had the problem before and just are discovering it right now.
There are all kinds of reasons that a company doctor can use to deny your claim and say you’re fine. Go back to work even if you’re in excruciating pain. If there’s any situation like that, call us and talk to Daniel Garza, our workers’ comp attorney. He’ll give you individual analysis. He’ll give you free advice about your case. Remember, the call’s free, the information’s free, and the one who’s going to benefit the most by making that call is you.
What if the Company Doctor Releases me to Go back to Work but my Own Doctor Disagrees?
As Daniel Garza will explain, the practice of medicine involves a lot of science but it’s still an art, and there’s still a big room for difference of opinion and interpretation. So if you confronted the company doctor and said something rather outlandish or provocative – “Doctor, I think you’re lying” – the doctor could totally defend themselves and say, “No, based on the evidence I see here, this is my interpretation.” However, is that the only interpretation that’s possible? Very often not. Your own doctor is disagreeing, so that tells you something right there.
What happens at that point? If you’ve been treated and you’re locked into the company doctor and they’re making the medical decisions, Daniel Garza’s going to tell you that you probably do at least need to try, and if it’s too painful, then at least you can show you tried. The longer-term solution is that if you call us, we can refer you to doctors who are skilled in workers’ compensation cases and don’t work principally for insurance companies or for employers. They can make the more in-depth imaging and studies that prove what your situation is really, and they also can file what’s called a change of doctor notice, and it’s generally approved, and once that happens, then you’re going to be very often on the road to real recovery both physical and financial. Remember, the call is free, the information’s free, and the one person who can benefit the most is you.
What if I Was Injured at Home while Doing Work for my Employer?
That’s a question that our workers’ comp attorney Daniel Garza comes across more and more nowadays when people are working from home so much. As Daniel Garza tells potential clients, the short answer is yes, you get covered. However, if you are injured at home while you’re working from your employer, you need to call us right away and talk to our workers’ comp injury attorney, Daniel Garza, because it certainly can be more complex.
Let’s take an example. You’re working for the employer and you’re taking a bathroom break, and you’re heading to the bathroom, and you accidentally trip, and you lose some teeth. You suffer a concussion. That’s a situation you need to call and talk to Daniel Garza, our workers’ comp attorney, because it’s easy for the insurance company for the employer to go oh, wait, no. First of all, you were taking a break. That wasn’t working, which by the way isn’t necessarily accurate at all. Also, maybe there was some defect in the carpet or something like that. Daniel would say so what. She can still be eligible for benefits. Any kind of situation like that, do yourself a favor. Call, talk to our workers’ comp attorney, Daniel Garza. The call is free, the information’s free, and the person who’s going to benefit the most is you.
What Happens when a Claim Is Contested by the Insurance Carrier?
Daniel Garza, our workers’ compensation attorney, is asked that quite often, and his answer is you did the right thing because you called because on your own, you can file a protest and request a hearing on your own, but in most cases, if you don’t at least consult with a workers’ comp attorney like Daniel Garza, it’s going to be kind of like the lamb going to the slaughter, especially if you don’t have the medical proof to back up your claim, then you will be slaughtered. At least call and talk to Daniel Garza, our workers’ compensation attorney. He’ll explain how long the hearings take, what can be done in the meantime, and how we can refer you to top medical experts that can bolster a claim.
If you just going into the hearing and go, “I don’t think what Dr. Smith said is right,” you aren’t going to win. That’s why it’s so important to call in that situation. If your claim’s been denied, call and talk to our workers’ compensation attorney, Daniel Garza. The call is free, the information’s free, and if you choose to have our help, you never have to pay out of pocket. Only if we get benefits that you weren’t getting, that’s the only time that we get paid, and it’s well worth it if you weren’t getting any benefits before. Remember, the call is free, the information’s free, and call us because the one who’s going to benefit is always you.
What Do I Need to Know about Settling a Workers’ Comp Case?
What are the factors that are important to know about your case? If you call and talk to our workers’ compensation attorney, Daniel Garza, he’ll give you the benefit of 20 years of experience in how that applies to your case. You could go down to the library and start reading tons of law books and cases and stuff, but we don’t normally recommend that. You have better things to do, I believe. There are things that have just more recently become available, such as, if you had long-term disability, getting what they call full and final settlement. That is now possible. There are other options and things that are to your benefit to always call and talk to a workers’ compensation attorney like Daniel Garza. He can distill all the experience down into your case, how it applies there, and give you that direction and guidance. The call is free, the information’s free, and you’ll see that the person who’s going to benefit the most by making the call is you.
What is Vocational Rehabilitation?
In Arizona, the question often arises for someone injured on the job: how does vocational rehabilitation work in Arizona? If you call and talk to our workers’ compensation attorney, Daniel Garza, here’s what he will tell you because this question comes up commonly. He’ll say, “Is it available? Yes.” Here’s the more important question. Is it required? He’ll tell you the answer’s no. A lot of people from other states might go what? You mean if I can’t do my job I’m not automatically entitled to vocational rehabilitation, get trained for another job? Daniel will say not automatically. That’s even more of a reason if you’re not able to resume your prior job and you want vocational rehabilitation, call us.
Talk to Daniel Garza, our workers’ compensation attorney, and he can work with vocational rehabilitation specialists to help come up with a plan, and oftentimes, if we can show the insurance carrier that getting you trained in another capacity can save them money, then they’ll go oh, good, let’s save money. I’m not sure they care about training you so much, but they definitely are interested in saving money. That’s ways that we can help you assist and make that happen. If that’s something that you would like that’s not currently being offered to you, call us because the call is free, the information’s free, and if vocational rehabilitation can benefit you, the person who’s going to benefit long-term and short-term is you.
Should I Contact a Lawyer even if I Do not Lose Time from Work?
The short answer is yes. You may wonder wait a second. I haven’t missed any time off work. I’m getting treated. Everything seems okay. Why would I need to call a workers’ comp attorney in that situation? Even if you’re getting medical benefits, and even financial benefits, our workers’ comp attorney, Daniel Garza, can check and make sure you’re getting the proper amount of benefits. He can also check and see what kind of medical treatment and medical benefits you’re getting. Maybe you could benefit from additional benefits.
You call, and Daniel will be happy to advise you in your particular situation. How would you know if you don’t check? If you think that somehow with this is your first or even second, third injury on the job that you’re going to know as much as Daniel Garza who’s been doing this for over 20 years, I’ve got news for you. You don’t, and he’ll share his knowledge with you for free over the phone. Take advantage of that. Even if it looks like everything’s fine, give us a call. Talk to Daniel Garza, and he can analyze your exact situation and at least warn you about other possible pitfalls in the future, and he can review and make sure you’re getting the benefits that you deserve because remember, the call is free, the information’s free, and the most important client that we have is you.
Should I Attend my Workers’ Compensation Hearings?
If you talk to our workers’ compensation attorney, Daniel Garza, he’ll give you a very short one word answer. Yes. However, nowadays, he’ll tell you most of the hearings are done through Zoom and through other technologies, so you don’t have to go there in person. It’s safer for all parties, but merely having you attend he’ll also advise you often is not enough. Medical proof is often the issue in these cases. Now, what does it apply in your particular case? That’s a reason to call and talk to our workers’ compensation attorney, Daniel Garza. He’ll analyze your individual case and tell you what’s needed, but as far as your presence, the short answer is yes, unless you really don’t care about your case, and I know you do.
Now, we do have clients that don’t receive notices until afterwards, and their claims – this happens before they become our clients. Their claims get denied, and they don’t even know about it and things like that. That’s even more of a reason to call us and talk to Daniel Garza, our workers’ compensation attorney, because if there’s a way to resurrect your case or save it or sometimes make a new request for a hearing, Daniel Garza is the expert, and he’ll be able to let you know that. Remember, the call is free, the information’s free, and the person who’s going to benefit the most is you.
Is there a Cap in my Workers’ Compensation Benefits?
If you call and talk to Daniel Garza, our workers’ comp injury attorney, he’ll tell you that even though that sounds like a simple question, it’s really not. The way he explains that is he says look, is there a maximum amount up there somewhere that you can get? Yeah, but what’s the maximum amount in your case? It depends on so many factors. It’s a list about that long, so everything from whether you have impairment, what amount of disability, whether it’s going to be short-term, long-term, the amount of the medical care, the rehabilitation, just so many different factors that rather than guess, that’s a perfect example of why you need to call. Talk to our workers’ compensation attorney, Daniel Garza. He’ll give you the benefit of 20 years’ experience about handling cases like this, like yours, and that way you can get an idea if you are getting your maximum benefits right now. He can help you determine that. What about long-term situations? He can advise you about that, too. Remember, the call’s free, and information’s free, and the person who benefits the most is you.
If I Receive Workers’ Compensation, Am I also Entitled to Unemployment Insurance Benefits if I’m Unable to Return to my Regular Job?
If you talk to Daniel Garza, our workers’ compensation attorney, he’ll say sure, but there’s often a credit for the benefits, so it’s not a situation where you’re going to get double or triple, but it can definitely increase your overall benefits. You have any questions about whether that calculation has been made accurately, that’s a reason to call. Talk to our workers’ compensation attorney, Daniel Garza. The call is free, the information’s free, double checking that you got the right amount of benefits is free, and the person who can benefit the most is you.
What Is a Scheduled Loss?
When they call and they talk to Daniel Garza, our workers’ comp attorney, he’ll advise you that there is a schedule for certain injuries. The list is not that hard to figure out. When you talk to Daniel, he can tell you if your injuries fall as scheduled injuries. What does this mean? As Daniel has advised our clients in the past and he’ll advise you, that means there are limits to what will be paid or how long your benefits will last. That’s the practical significance.
Now, it’s very common for our clients to have unscheduled injuries. The most common is probably a back injury. Why is a back injury unscheduled? Because it can be anything from a minor twinge to lifelong disability. There isn’t just one set amount for that.
In those cases, you need medical evidence to show the amount of impairment and the amount of disability. That’s when you need to talk to our workers’ comp attorney, Daniel Garza because his expertise can help you understand how the rating systems work, the impairment ratings, the disability situation. You may have to see an economist for loss of earnings. There are all kinds of things involved.
You can talk to him for free. He’ll go into detail based on your specific case. The call is free; the information’s free. The person who’s going to benefit the most by making that call is you.
What Is Temporary Partial Disability?
When you call about your case, our workers’ compensation attorney can give you in-depth specific information about what this means in the context of your case. In general, it’s a situation where typically the doctor or company doctor has released you to go back to light duty. That impacts what you earn. You can still get paid benefits, but they’re not going to be the same as if it was temporary total disability.
Again, how that applies to your case and what kind of medical proof you need, depends. Call us. Daniel Garza, our workers’ compensation attorney, would be happy to analyze your particular situation with the medical care and the medical treatment that you receive so far. The only one that can benefit if we get you increased benefits is you. Sometimes we can’t, but Daniel will be happy to advise you either way. The call is free; the information’s free. The person who can benefit the most by increased short-term and long-term benefits is you.
What Is Temporary Total Disability?
The way our workers’ compensation attorney answers that question is that if your doctor says, no, you cannot go back to work at all with your current physical health and restrictions, you will qualify for temporary total disability.
Again, the medical proof is very important. If there’s any question about that or even if you just want to know more how it applies to your case, call us. You can talk to our workers’ comp attorney, Daniel Garza, for free. The call is free; the information he gives you is free. If we can get you higher benefits or more benefits, he’ll let you know. The person who is going to benefit is you.
What Should I Do if I Get Injured at Work?
A very common question that people ask is, “What should I do if I get injured on the job in Arizona?” Potential clients call our office all the time and ask our attorneys those questions. Recently, when someone called our office, our workers’ comp attorney, Daniel Garza, responded and said the number one thing you need to be aware of is the rules for how doctors are assigned to your particular case. In most cases, your employer can direct you to go to see the company doctor once, but generally, unless you call our workers’ comp law office, you’re likely not aware that the rules say if you go and see the company doctor twice, then you’ve automatically been assigned to get the rest of your treatment from the company doctor.
If you call us first, we’ll tell you that. We’ll say, yeah, go ahead and go to the company doctor once. Then if you contact us, we can make a referral to doctors that don’t work just principally for insurance companies or for your employer. I guess it shouldn’t shock you that those doctors if their interest is to be paid mostly by the insurance company or by your employer, they may not have your own interests. You know that if you’ve been around the situation so that shouldn’t surprise you. That’s the first and most important thing— see the company doctor once, call us, and we’ll get you to a doctor who doesn’t work principally for insurance companies.
Now, what happens though in a situation where you saw the company doctor Tuesday night, and they want you to come back in Wednesday morning at 8 am, and you did, so now, you’re locked into seeing the company doctor? Call us anyway. We’re going to get you – we can refer you to a doctor, an orthopedic surgeon, a neurologist, whatever you need that doesn’t principally work for insurance companies. What they can do is they’ll do a separate examination.
People know if they’re in an excruciating amount of pain and then the company doctor says they’re fine, something is wrong with this picture. When that’s going on, call us. Then the doctor we refer you to can if they have medical evidence to support that they could provide better care, they can do what’s called a change of doctor request. Most of the time, those are approved. Then you get a doctor who’s looking out for you first, not necessarily the company. That can make a big difference in your healthcare and in the final outcome of your case.
Remember, if you’re injured on the job, call us. The call is free; the information’s free. It can have a huge impact on your health, and your compensation, and your benefits that sometimes can last for a lifetime. Call us now.
Why Do you Need a Worker’s Compensation Lawyer?
First of all, if you’re already getting benefits and you call us, we’re never going to take any percentage of your benefits away. You talk to our workers’ comp attorney, Daniel Garza. He can check and make sure you’re getting the proper amount of benefits. What happens if you are actually getting short-changed $100 every check? That can add up.
Also, on your medical care, he can review that. Maybe there’s additional or better care available that you’re not being offered. He can help you with that.
Those are reasons why you really need to make at least one call and review your case with our workers’ comp attorney, Daniel Garza. Again, the call is free; the information’s free. You really owe it to yourself to make sure that you’re getting everything that you deserve because the most important client we have is always you.
Will I Have to Go to Court for a Workers’ Comp Case?
If you talk to Daniel Garza, our workers’ compensation attorney, he’ll say this: If your benefits have been cut off or your medical treatment cut off, the short answer is yes. That’s the way that we can get those benefits restored.
Nowadays, the answer is no; most of the hearings are done through Zoom or in other ways electronically. Is a hearing going to be required? Yes. If it wasn’t possible, your benefits would probably be cut off forever.
If you talk to Daniel Garza, our workers’ compensation attorney, he’ll explain in more detail. He’ll show how it relates to your case. That’s why having a workers’ compensation attorney to represent you makes all the difference. If you’re going to try to do it yourself, ask yourself this: Did they see the best doctors to back up? The answer is generally no and so the administrative law judge may go with what the company doctor said or the so-called independent medical examiner said.
You can say that’s not fair but that’s not going to win your case. Remember, in a situation like that, call us. The call is free; the information’s free. If your benefits have been cut off and your medical treatment’s been cut off, the one who’s going to benefit the most by making that call is you.
Call Our Arizona Workers’ Compensation Attorneys Today
If you have been seriously injured in an accident at work, please get in contact with our Arizona workers’ compensation attorneys as soon as possible. We want to help you get the compensation that you need to fully recover. Call us right away and we will set up a time.
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