Were you injured in an accident in the workplace in Arizona? You have the right to file for workers’ compensation benefits. As explained by the Industrial Commission of Arizona, “it is mandatory for employers to secure workers’ compensation insurance for their employees.” A number of different workers’ comp benefits may be available. Here, our Phoenix workers’ compensation attorney highlights the types of worker’s comp benefits that you may be entitled to in Arizona.
An Overview of the Types of Workers’ Comp Benefits in Arizona
Medical Benefits
Any injury sustained on the job in Arizona should be evaluated by a licensed physician. Workers need immediate medical care. A core part of workers’ compensation coverage is medical benefits. In Arizona, these benefits cover all necessary and reasonable medical expenses related to work-related injury or illness. You may have workers’ comp coverage for:
- Hospitalization;
- Doctor’s visits;
- Ongoing medical treatment;
- Surgery;
- Medications, and
- Medical devices.
To be clear, injured workers are entitled to these benefits from the date of injury or diagnosis of a work-related illness. Do not delay seeking care. If you fail to see a doctor after a work-related injury or illness in Arizona, you will not be in a position to secure any workers’ comp benefits.
Temporary Total Disability (TTD) Benefits
Of course, another key issue with a work-related injury is that you may be forced to miss time during your period of recovery. Missing paychecks can put a severe financial strain on a worker and their family. Workers’ compensation insurance helps to address this matter. When a work-related injury or illness prevents an employee from working, temporary total disability (TTD) benefits kick in. These benefits are designed to partially replace lost wages during the recovery period. Typically, TTD benefits amount to two-thirds of the worker’s average monthly wage prior to the injury—up to a state-mandated maximum benefit. If you have any questions about filing for workers’ comp benefits, an experienced Phoenix, AZ, work injury attorney can help.
Permanent Partial Disability Benefits
Unfortunately, not every person who suffers a serious injury on the job in Arizona is able to make a full recovery. Permanent partial disability (PPD) benefits apply when a worker sustains permanent injuries that do not completely limit their ability to work. In Arizona, the extent of the disability is evaluated— and benefits are calculated based on the severity of the impairment and its impact on the worker’s earning capacity. These cases are especially complicated. It is imperative that a person who suffered a serious injury at work is represented by a top-tier Phoenix, AZ, work injury lawyer.
Vocational Rehabilitation Benefits
Vocational Rehabilitation Benefits address situations where workers cannot return to their previous jobs due to their injuries but can work in a different capacity. It is a workers’ comp insurance program that provides resources for retraining, education, and job placement assistance to help injured workers transition to new employment. Notably, these benefits are particularly valuable in providing a pathway for injured workers to regain financial independence.
Death Benefits
Workplace deaths are a tragedy. The Bureau of Labor Statistics (BLS) reports that nearly 100 people are killed on the job in Arizona each year. In the tragic event of a worker’s death due to a work-related injury or illness, death benefits are provided to dependents. Among other things, these benefits can include coverage for funeral and burial expenses and a percentage of the deceased worker’s wages for a pre-specified period of time. If your loved one was killed on the job in Maricopa County or elsewhere in Arizona, contact a Phoenix workers’ comp lawyer right away.
Workers’ Comp Benefits are No-Fault Benefits
You do not need to prove that your employer was negligent or otherwise at-fault for your accident to be entitled to get workers’ compensation benefits in Arizona. Our state’s workers’ comp insurance system operates on a no-fault basis. Employees are entitled to benefits regardless of who caused the job-related injury or illness. Whether the injury results from the employee’s mistake, a co-worker’s error, or an employer’s negligence, workers’ comp benefits are still available.
The no-fault system helps to greatly simplify the process—often allowing for quicker access to benefits without the need for lengthy legal disputes over liability. However, it also means that employees generally cannot sue their employers for damages related to the injury. Further, a workers’ comp claim could still be denied. You need to be ready to fight for your benefits.
You May Be Entitled to Additional Benefits Through a Fault-Based Third Party Liability Claim
A party other than your own employer may be responsible, at least in part, for your work injuries. In some cases, injured workers in Arizona may be entitled to additional benefits through a fault-based third-party liability claim. For example, imagine that a worker is injured due to defective equipment manufactured by a third party. That worker could file a legal claim against the manufacturer.
A third-party liability claim can open up a path to seek additional financial compensation, including for non-economic damages, such as pain and suffering. Though, in contrast to workers’ comp claims, third-party liability lawsuits are fault-based cases. You must be prepared to prove that the defendant is at-fault for your workplace accident in order to successfully recover compensation.
Note: In Arizona, injured workers can bring both a workers’ compensation claim and a third-party liability lawsuit. You should always exercise your right to file for workers’ comp benefits.
Get Help From a Top-Tier Workers’ Compensation Lawyer in Phoenix, Arizona
At The Law Office of Paul J. Dombeck, PLLC, our Phoenix workers’ compensation attorney has the professional expertise that you can trust when it matters most. If you or your family member was hurt on the job, we can help. Contact our personal injury team right away for a no-cost, no-strings-attached assessment of your case. Our firm fights hard to protect the legal rights and financial interests of injured workers in Phoenix, Maricopa County, and all across the wider region of Arizona.