Phoenix Workers Compensation Attorney | Phoenix Workers Compensation Lawyer

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Phoenix Workers Compensation Attorney | Phoenix Workers Compensation Lawyer


The injured worker has the right to all reasonable and necessary treatment to cure or relieve the effects of the injury.


Temporary Disability
If the injured party must take time away from work due to medical reasons related to the injury, he or she might be entitled to temporary disability payments. You must be off work 14 days before the carrier has to pay for the first three days. There are specific maximum monthly wages the law recognizes. The temporary disability pay rate is two-thirds of the average monthly wage paid out every two weeks. After the doctor verifies an inability to work, the first temporary disability check should arrive within a few weeks.


Permanent Disability
If a worker can't completely recover from the effects of the injury, they could be entitled to a monetary award. Permanent disability means that the injured party has suffered permanent problems as a result of their injury which are ratable under the American Medical Association’s Guidelines to Permanent Disability. The amount and rate at which permanent disability is paid depends on the Average Monthly Wage which is set by the Industrial Commission. The percentage can vary depending on whether you can return to your date of injury occupation and or whether you have an ongoing loss of earning capacity.


Vocational Rehabilitation
If the injury prevents a return to the former job, assistance in getting another job might be available through state agencies. The monthly rate of pay is also increased as a rehabilitation bonus.

 

Tips for Filing Workers Compensation Claims

Report the injury to the employer immediately. It is required by the law and a failure to do so can be a basis to deny your claim. If possible, make the report in writing and keep a copy of the report for personal records. When you seek medical treatment for your injury tell the doctor when the injury occurred on the job and they will usually file a doctor’s first report.


File your claim as soon as possible. Those seeking to claim worker's compensation benefits should do so quickly. Immediately reporting injuries and filing a claim as soon as it is decided to seek compensation increases the likelihood that benefits will begin quickly. Delays in reporting could lead to suspicions as to the validity of the claim and delays in benefits. If a dispute should arise regarding the claim contact our office for additional information.


Occupational Safety Health Act (OSHA)

Under the OSHA Act, employers have a general duty to provide work and a workplace free from recognized hazards. Citations may be issued by OSHA when violations of standards are found and for violations of the general duty clause, even if no OSHA standard applies to the particular hazard. The employer also must display in a prominent place the official OSHA poster that describes rights and responsibilities under the OSHA Act.


If you or a loved one has been injured at work it is important to protect your legal rights.

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Chris T. Johnson, P.C.
934 W McDowell Road  |  Phoenix, AZ 85007
Telephone: (602) 254-6461
Toll-Free: (800) 266-6461
Fax: (602) 254-0609