LAW OFFICES OF RJ HURWITZ

Arizona Workers Comp Attorneys

Filing Your Workers Comp Claim

Do you have questions about filing your workers comp claim?  According to a report from the National Council on Compensation Insurance, workers comp carriers recently filed at a 7.9 percent rate after years of Arizona being considered one of the “low average states”, when it came to benefits, costs and rates.  While accidents do happen, a company owes a certain debt to its workers—especially when unexpected and career-threatening injuries occur.In addition, the Industrial Commission of Arizona states that there are still many violations of state resident rights being committed each and every year.  If you have been injured on the job for taking a company-warranted risk then you may be entitled to benefits, and perhaps even paid time off.  If you are not given any benefits then you may be the victim of company mismanagement.  You have every right to fight for your rights.  In order to receive these benefits, you may be required to start filing your workers comp claim.  If it is denied then you have every right to speak to a lawyer without obligation.Regardless of what has happened, you owe it to yourself and your family to seek out every possible avenue, even in less common cases, such as denied new workers compensation claims, interrupted or stopped benefits, survivor benefits, reopening old cases, job retraining, unlawful firing and a loss of earning capacity.Remember, you do not have to fight the company or the system.  You can let someone else fight for you—like an experienced attorney with a history in handling cases that involve filing your workers comp claim.  While a lawyer may be prepared to go to court, there is always a high possibility that the company will settle just knowing that you have ensured the services of a lawyer.Have a personal injury case you would like to discuss?Request a Free Case ReviewTop (Page Topics)Workers Comp Questions and AnswersAre you looking for help with workers comp questions and answers?  Workers comp is supposed to be a protection for workers—workers who courageously and unselfishly take risks for the company they work for.  Whenever a person is injured on the job, workers comp is a matter of decency and respect.  It shouldn’t have to be something that one has to “fight for.”  Unfortunately, many travesties of justice are taking place.According to the Industrial Commission of Arizona’s 2010 report, 674 “serious, willful and repeat violations” were committed throughout the year and $768,330 in penalties were assessed.  While this was lower than the previous years, it still paints an alarming portrait of the unlawful working environment that is happening throughout the state.Here are some basic workers comp questions and answers that can help you gain some insight into what you are fighting for when going through with a lawsuit…your basic human rights, as guaranteed by the state!  For instance, you should know that in Arizona, workers compensation is compulsory.  Waivers are not permitted and there are no numerical exceptions.  Employees can also make the initial choice of physician, unless the employer is self-insured (unless it is an emergency situation).  The waiting period for compensation benefits after an injury occurs is seven days.Understanding worker’s compensation is absolutely vital for both employers and employees. The insurance is mandated by law and is required for any employer who hires a certain number of full time employees.Have a personal injury case you would like to discuss?Request a Free Case ReviewWorker’s Comp: Questions and AnswersAnyone who could be injured while on the job needs to understand what worker’s compensation is and how it could help them. However, as with any law related subject, worker’s comp can be confusing. If you have tried to read information about it before only to get confused by legal jargon, then you need to get your questions answered. Here are answers to some of the most common questions about worker’s comp.Q: Just what exactly is worker’s compensation?A: Considered as technically a type of insurance, worker’s compensation is offered to provide for any employees who become injured when they are on the job. The compensation would pay for medical expenses and would pay wages for the injured employee for a specific amount of time.Q: Where does it come from?A: Worker’s comp comes about due to state to state regulations that require employers pay benefits to employees who were injured on the job. It began in 1911 when Wisconsin adopted the act, and since then, every state in the United States, has adopted similar acts in order to protect employees. The acts regulate how much compensation the employees can receive as well in an effort to regulate for both sides: the employee and the employer.Q: If I file on my worker’s comp policy, what benefits can I get?A: Generally, the worker’s comp covers a few different things. Of course, different insurance policies will cover differently, but here are the basics of the benefits that you could receive:Payment of medical costs from the injuryPayment and benefits to cover wage loss due to the injuryBenefits for both short and long term disabilityAny needed rehabilitationFuneral and death benefits to families should death of the employee occurQ: What employers are legally required to have worker’s comp policies on their employees?A: There are certain rules that determine if an employer is required to have worker’s comp insurance. These rules generally can vary from state to state, but they only require employers to have the insurance if they have a certain number of employees who are paid enough to be considered full time.Q: Who pays worker’s compensation?A: This is not an insurance that you will pay if you are an employee. Instead, this is an insurance policy that the employers are required to pay. In fact, it is against the law for employers to take money away from the employee to pay for the policy.These answers should help you with many of the questions that you may have had regarding worker’s compensation and how it works for both the employer and the employee.Want to know more workers comp questions and answers?  Workers comp in Arizona becomes retroactive if the disability resulting from a work injury continues for 14 days.  Last but not least, attorney fees permitted in these cases is limited to 25% by statute.If you have been injured on the job then you should immediately contact a doctor and a lawyer who can hear the details of your case.  These are benefits you are entitled to.  If you don’t want to fight for them in court then hire someone who will on your behalf!