A General Timeline for a Workers Compensation Claim

Posted by on Nov 16, 2017 in Workers compensation | Comments Off on A General Timeline for a Workers Compensation Claim

Workers compensation is allocated to pay for medical treatments, lost wages, and other expenses in the event of a work-related injury. Workers compensation claims can be difficult to understand and file properly. With the help of Arizona workers comp attorneys, you’ll be informed and our team will work hard to help you receive the compensation you’re entitled to. In workers comp cases, it’s important to follow the claim process. This article takes a look at a general timeline of when each part of the claim process should be completed. Immediately After an injury is sustained, the injured party should obtain the necessary medical treatment and notify their supervisor of the accident. There should be documentation of the accident on paper and the claim process may begin. There are cases where a work-related injury may not show up until after the accident occurs. In this case, a claim should be made as soon as the injury can be related back to the accident. Within 48 Hours A doctor, usually the one paid by the employer, must complete a preliminary medical report. This report is kept by the injured party, their representative, the employer, and the insurance carrier. Two Weeks After the Injury Within two weeks after receiving notification of the accident, the employer must report the injury to the insurance company. Then, the insurance company provides the injured worker a statement of their rights under the state law. Additionally, the insurance company must provide the contact information for any networks they’re using to obtain diagnostic tests at the same time it sends the statement of their rights. Eighteen Days After Obtaining Employer’s Report of Work-Related Injury Within 18 days of the report being filed, the insurance company begins paying compensation if lost time exceeds seven days. The insurer must inform the claimant and all other participating parties if the claim is being disputed or if payment is not being made for certain reasons. The Worker’s Compensation Board must be notified whether payment has begun or why payments are not being made. Ongoing Tasks If the case is not being disputed, payments continue to be made to the injured employee approximately every two weeks. When compensation is stopped, the insurer must notify the Board. Additionally, the doctor who conducted the initial examination must submit progress reports, notifying all participating parties of the improvement or worsening of the injured party’s condition. After about three months, the necessity of rehabilitation treatment or physical therapy is considered for the injured employee by the insurer. The Importance of Arizona Workers Comp Attorneys Work-related injuries are very common. In fact, in 2013, 917,100 work-related injuries and illnesses resulted in missing work. It’s important to contact Arizona workers comp attorneys to receive further information about your specific case and any guidelines you need to follow in order to adhere to specific state...

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Hearing Loss: The Most Common Work Related Illness

Posted by on Nov 14, 2017 in Workers compensation | Comments Off on Hearing Loss: The Most Common Work Related Illness

When it comes to work related illness and injuries, Americans often think of chronic conditions such as arthritis, knee pain, and back pain. However, according to the U.S. Centers for Disease Control and Prevention, the most common work related illness is actually hearing loss. Hearing loss is the most common work related illness because of how often workers are exposed to excessive noise on the job. Sounds that are higher than 85 decibels can cause permanent hearing damage if a worker is exposed to them over long periods of time. Know your risk for hearing loss It’s in your best interest to wear safety equipment while on the job should your workplace recommend or even require doing so. This will help to protect you from hearing loss. According to a CDC study on occupational injuries between 2003 and 2012, the following industries were more likely to cause hearing loss among their workers: Mining Construction Manufacturing Healthcare Wholesale Agriculture Transportation Public safety The study also found that males were more likely to suffer from hearing loss than females. Additionally, the rate of hearing impairment increased with the age of all workers. Hearing loss and workers compensation claims Up to 70% of workers compensation is directly related to recovering wages and salaries that were lost due to the illness or injury. The additional 30% of workers comp is related to the actual workers compensation benefits. Filing a workers comp claim for hearing impairment is possible. However, like other work related illnesses, the problem lies in proving your hearing loss was caused by your workplace. This can be a challenge for workers who are older and may be suffering from general hearing loss. If your hearing loss was a preexisting condition that worsened due to your workplace, your hearing must have worsened up to 10% in order to qualify for workers compensation. An Arizona workers compensation attorney can help you in the event that your hearing loss workers comp claim has been denied. Arizona workers comp lawyers can provide you with the legal advice you need to file an appeal. For more information on workers compensation for hearing loss and what you need to do to file a claim, contact the law offices of Robert E. Wisniewski for a consultation...

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FAQ: Filing AZ Workers Comp For An Occupational Illness

Posted by on Nov 14, 2017 in Workers compensation | Comments Off on FAQ: Filing AZ Workers Comp For An Occupational Illness

FAQ: Filing AZ Workers Comp For An Occupational Illness

Many workers compensation claims are related to workplace accidents. For instance, there were up to 229,190 slip, trip, and fall injuries throughout 2013. However, workplace illnesses are actually just as common as workplace injuries. And because these illnesses often develop very slowly over time, they often go unreported. An employee filing for workers comp needs to be able to prove their illness is definitely the result of their workplace. Consider the following information on job-related occupational illnesses to begin your own process of filing an Arizona workers comp claim. How are occupational illnesses defined? An occupational illness is defined by the Occupational Safety and Health Administration as an illness that’s been caused by an event or exposure to substances while on the job. In the state of Arizona, an occupational illness can also be applied to a preexisting condition. However, the preexisting condition must have been aggravated by an event or harmful substances experienced while in the workplace. For instance, an employee undergoing cancer treatment may have a weaker immune system than the average person. Harmful substances in the workplace may be more likely to affect this employee. It’s the harmful substances in the workplace that caused the illness of this particular employee, not their preexisting weakened immune system. However, if your occupational illness is related to a preexisting condition, it may be in your best interest to speak to an Arizona workers compensation attorney. How can I make a case for workers compensation? The testimony of medical professionals and doctors are important in every workplace incident. However, they’re especially important regarding work-related illnesses. This is because your doctor’s’ testimony is paramount to proving your illness is related to your workplace. Be sure to gather all medical records regarding your occupational illness. This includes records relating to tests requested by your employer’s insurer. Your employer will also be required to provide evidence related to any possible harmful substances. What rights are guaranteed to those with job-related illness? It’s recognized under Arizona law that occupational illnesses develop over time. For this reason, there’s a greater amount of time allotted to reported occupational illnesses compared to reporting occupational injuries. The process of filing a workers comp claim relating to occupational illness can sometimes be challenging. Fortunately, an Arizona workers compensation attorney can help you through the process. For more information on Arizona workers comp and filing a workers comp claim, contact the law offices of Robert E. Wisniewski for a consultation...

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Can I File A Direct Lawsuit Against My Employer For My Work Injuries?

Posted by on Nov 9, 2017 in Workers compensation | Comments Off on Can I File A Direct Lawsuit Against My Employer For My Work Injuries?

Employees are unable to file a lawsuit directly against their employer for costs related to their occupational injury or the recovery of their medical expenses. For this reason, workers compensation is the most sought-after source of remedy in an employee’s case of occupational injury or illness. Workers comp benefits and the no-fault system The workers compensation system in every state is designed to be a no-fault system. This means it’s irrelevant to the case whether or not an employee’s injuries or illness were the results of the employee’s negligence or the employer’s negligence. This system was established to protect employees to ensure they have medical and recovery benefits. It was also established to protect employers from expensive direct lawsuits. Workers compensation costs overall accounted for a total of 1.6% of employer spending in 2010. An employee’s personal negligence in their occupational injury or illness doesn’t typically affect the worker’s benefits. However, consult Arizona workers compensation attorneys you can trust if you’re worried about negligence being a factor in your compensation. When you can file a direct lawsuit Employees are unable to file a direct lawsuit against their employer except in certain circumstances. For instance, employees are able to file a direct lawsuit when their employer has intentionally harmed them. It must be noted that gross negligence isn’t enough to prove intentional harm. To file a private lawsuit and to win that lawsuit, you must provide evidence that proves your employer intentionally went out of their way to harm you specifically. For instance, failing to fix a broken ladder counts as gross negligence, not intentional harm. However, an employer physically assaulting you is proof of intentional harm. Filing against third parties You may not be able to file a direct lawsuit against your employer, but you can file a lawsuit against a third party aside from your employer in certain circumstances. For instance, if you’re driving on the job and happen to be hit by a vehicle you can file for both workers compensation benefits and also file a lawsuit against the other driver. Talk to Arizona workers compensation attorneys you can rely on Speaking to a workers compensation lawyer is always a good idea, but especially if you believe you may have a case for a direct lawsuit or a third party lawsuit. The Arizona workers compensation attorneys at the law offices of Robert E. Wisniewski are experienced in workers comp lawsuits and occupational injuries. Contact AZ Hurt On The Job today for a consultation today. You may be able to file a direct or third-party...

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Why Was My Workers Compensation Claim Denied?

Posted by on Oct 9, 2017 in Workers compensation | Comments Off on Why Was My Workers Compensation Claim Denied?

Work injuries are an unfortunate circumstance anyone can suffer from while on the job. In 2013 alone, the average American worker missed a total of eight days of work due to an occupational injury or illness. Fortunately, workers compensation benefits ensure that your medical expenses and lost wages are covered. Yet, not every workers compensation claim is approved. This can be devastating to many employees suffering from work injuries, making it difficult to return to their jobs. Why is a surprising number of workers compensation claims denied or disputed then? Below are some of the most common reasons why workers comp benefits are denied or disputed by employers or insurance companies. You didn’t file your workers compensation forms on time. Each state has a time frame during which an employee can submit a workers compensation claim. In the state of Arizona, your claim for worker’s compensation must be filed within a year of the date on which you sustained your work injuries. If it’s been over a year since the event or since the time you realized the injury was related to your work, you may not receive workers compensation benefits. You’re not eligible for workers comp benefits. Most American workers are covered by workers compensation insurance through their employer. However, in some circumstances, you may not be covered. Additionally, you may not be considered eligible if your injury wasn’t serious, didn’t require you to take off work, or didn’t require you to seek medical treatment. Your illness/injury hasn’t affected you long enough. In order to qualify for workers compensation insurance and workers comp benefits, your work injury or illness must have affected you and your work life for a minimum of five days. The injury you’ve reported isn’t considered work-related. Certain injuries and illnesses can be difficult to claim as work-related. One such injury is carpal tunnel syndrome, which can be caused by repetitive work-related tasks but also tasks performed in a worker’s free-time. For your injury or illness to be covered by workers compensation, the injury/illness must have been sustained during your employment and you must have clear proof of causation. You didn’t include enough information. Workers compensation forms are important, legal documents and require you to submit as much information about your work injuries and illnesses as possible in order to qualify. Workers comp lawyers are especially beneficial during times like this. A workers compensation attorney can help you understand the right requirements necessary to qualify for workers comp benefits and what paperwork you need, such as medical documentation. A workers compensation attorney can help you avoid these detrimental mistakes after you’ve suffered a work-related injury or illness. Contact the law offices of Robert E. Wisniewski today for a...

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When Your Workers Comp Claim Is Denied: Filing For A Hearing

Posted by on Oct 5, 2017 in Workers compensation | Comments Off on When Your Workers Comp Claim Is Denied: Filing For A Hearing

Work-related injuries and illnesses are unfortunate happenstances almost many employees have to deal with at some point during their lives. When these injuries have resulted in an employee being unable to work for more than three days and require them to seek medical attention, that employee may be eligible for workers compensation. Workers compensation typically pays up to 100% of an injured employee’s medical costs and a given amount of their lost wages after a three to seven day waiting period. However, not every workers compensation claim is accepted. When your workers comp claim has been denied In the event that your workers compensation claim has been denied in the state of Arizona, you may want to seek out an Arizona workers comp attorney to legally represent you during your hearing. A hearing may be requested within 90 days of the notification of the denial of your workers comp claim. To submit a request for a hearing, you must fill out a hearing request form and submit the form to the ICA, or the Industrial Commission of Arizona. If you can’t gain access to a hearing request form, you may also request a hearing by writing a letter to the ICA. In the letter, it’s essential you state the reason behind your hearing request. After you’ve requested a hearing Once you’ve submitted your hearing request form or submitted your letter to the ICA, you will receive a letter from the ICA with the designated time and date of your requested hearing. After around three months, you will hear from a workers compensation judge so that you will have enough time to gather evidence to prepare your case. It may be in your best interest to hire an Arizona workers comp attorney prior to this notification. In the span of three months, possible evidence may not be as fresh in your mind or as readily available. Additionally, you may not otherwise be aware of the given documentation and paperwork necessary for proving work-related injuries and illness. However, an Arizona workers comp attorney is. During the hearing In some cases, an administrative law judge may arrange a pre-hearing conference that may either take place in person or over the phone. It’s essential that you and your workers compensation lawyer attend this conference lest your hearing be dismissed. The hearing itself is typically held in an ICA office building. As in any court case, you will give your testimony and answer questions both from the judge and your employer’s attorney. Your employer or their lawyer will also speak. After the hearing is completed, you will receive a written decision in the mail from the judge within a two-month period of the hearing. Should you be unhappy with the decision the judge has made, you may consider making a further appeal within 30 days time of the decision letter’s postage date. For more information on your workers compensation hearing and further appeals you may make, consult with an experienced Arizona workers compensation lawyer...

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Suffered Burn Explosions While Working? Here’s What You Need To Know

Posted by on Sep 15, 2017 in File a Claim, Workers compensation | Comments Off on Suffered Burn Explosions While Working? Here’s What You Need To Know

Suffered Burn Explosions While Working? Here’s What You Need To Know

Contrary to popular belief, health care can be a hazardous profession. In fact, orderlies and nursing assistants are up to three times more likely to sustain musculoskeletal injuries and back injuries than construction workers. However, both types of jobs expose workers to a particular danger: the risk of explosions. Work site explosions can occur when flammable materials are exposed to flame, when oxygen tanks combust, or when chemicals are placed under a considerable amount of pressure. The consequences of these explosions can result in severe injuries such as burns, loss of hearing, head injuries, and in some cases loss of life. One such incident recently occurred in 2014 in Omaha, Nebraska, where an explosion and fire broke out at an animal feed plant. Two workers were killed in the accident, four received critical injuries, and six suffered minor injuries. The Occupational Safety and Health Administration has since reported that the company owning the animal feed plant, International Nutrition, had been cited for up to 35 OSHA violations over the course of the last 40 years. In explosion incidents such as these, it’s especially important to file a workers compensation claim immediately. If you need help filing a claim, or if your initial claim was unfairly denied, then consult a workers compensation attorney for legal assistance. Depending on the state in which you live, the workers comp benefits you may qualify for and the amount of money you may be entitled to can vary greatly. For instance, should you suffer from an explosion while working on the job at a construction site or other work site in the State of Arizona and you are no longer able to use one of your arms due to nerve damage or amputation, the maximum compensation you would receive would come to a total of $143,148. The national average compensation for a lost arm is $169,878. The unfortunate circumstances of wrongful death and the number of benefits available to the surviving family also differs according to state. In Arizona, the amount of compensation available to surviving families depends on the earnings of the deceased worker, the cost of the funeral and medical services of the deceased, the age of the survivors, and the financial dependency of the survivors. But no matter where you live, you deserve fair compensation for your explosion injuries. Unfortunately, you can’t always count on employers or insurance companies to do what’s fair, let alone what’s right. That’s why workers compensation attorneys can help. If you or a loved one have suffered from an explosion at a construction site or other work site while working on the job, you may be entitled to workers comp benefits. Need help with AZ workers comp claims? Then contact the Law Offices of Robert E. Wisniewski today for a better understanding of your potential workers comp...

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How Can I Prove That My Illness Is Work Related?

Posted by on Sep 11, 2017 in Workers compensation | Comments Off on How Can I Prove That My Illness Is Work Related?

While many workers compensation claims are related to those workers who have sustained work injuries from a traumatic or one-time event, work injuries can also occur gradually over time. Some of these injuries include carpal tunnel syndrome, hearing loss, and work-related illnesses. Arizona workers compensation law covers those workers who have sustained a work-related illness. Yet, in order to obtain the workers compensation benefits available to them, the employee must first be able to prove that the illness they have sustained was caused by their place of employment. Common job-related illnesses sustained by workers Job-related illnesses are defined by the Occupational Safety and Health Administration as illnesses caused by a harmful event in the workplace or exposure to harmful substances. Some of the most common job-related illnesses include: Respiratory illnesses   Hearing loss   Skin diseases or disorders   Environmental illnesses   Chemical poisoning Job-related illnesses are more common than you would think. In 2013, up to 3 million cases of nonfatal workplace illnesses and work injuries were reported by private industry employers. If workplace illnesses are common, how can one prove in the court of law that the illness was caused by one’s place of employment? Proving your illness is work-related As in the case of other work injuries, you’ll want to make a workers compensation claim as soon as possible. You’ll then want to gather evidence such as testimonies from your doctors and other medical professionals. A workers compensation attorney can help you during this part of the process and will help you gather the paperwork necessary regarding medical exams and tests which can help to determine your illness was related to your job. Under Arizona law, the time period between the time of recognition of the illness and the time it takes to report the illness as work-related is extended in comparison to other work injuries. This is because the law recognizes that illnesses can develop slowly. However, the quicker you apply for a workers compensation claim the better chance you’ll have of receiving the benefits you’re entitled to. For more information regarding workers compensation benefits and work-related illnesses, contact the law offices of Robert E. Wisniewski...

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What Financial Assistance Can I Receive As A Widow Or Widower?

Posted by on Aug 28, 2017 in Blog | Comments Off on What Financial Assistance Can I Receive As A Widow Or Widower?

Workers’ compensation laws covered up to 125.8 million employees in 2011. Unfortunately for some workers, more severe injuries caused by work-related incidents resulted in death. Financial logistics are one of the last things on a person’s mind when mourning the death of their spouse. However, it’s important that a widower discuss the possibilities for financial support with their lawyer as soon as possible. Funeral costs and unexpected expenses combined with the difficulty of managing a life without a second income can easily build up and cause added stress. Possible financial benefits One of the possible financial benefits your lawyer may discuss with you includes SSI benefits. Widows and widowers whose spouses have died while working on the job in Arizona may be entitled to SSI benefits. SSI stands for Supplemental Security Income. This Federal income supplement program helps those Americans who have little to no income and need assistance for shelter, clothing, and food. What is the criteria for SSI as a widow or widower? In order to receive financial benefits from the federal government after their spouse’s death, widows and widowers must meet the specific requirements including:   The deceased spouse was fully insured at their time of death   The widow/widower has not been remarried   The widow/widower was married to the deceased for at least nine months   The widow/widower is the primary guardian of the deceased’s child and the child is under the age of 18   The widow/widower has filed an application for financial benefits   The widow/widower is over the age of 60 or is disabled at the age of 50   The widow/widower is not entitled to additional retirement insurance benefits that are similar to those provided by the Social Security of the deceased     How much money will I receive? The SSA determines the amount of money in survivor’s benefits the claimant is able to receive. This amount is based on the money earned by the deceased. The more money the deceased worker was able to pay into Social Security over the years of their labor, the more financial benefits the claimant is able to receive. Additionally, other influences of the claimant’s received amount include: the age of the deceased, the age of the survivor, and the relationship to the deceased worker. Surviving spouses who are at full retirement age will receive 100% of the amount of the deceased worker’s Social Security. Surviving spouses who are under full retirement age, but are over the age of 60 will receive up to 75%. Surviving spouses of any age caring for a child under the age of 16 will receive up to 75%. Consult with your lawyer or a workers compensation attorney for additional information regarding the financial benefits you may be eligible for. The workers compensation lawyers of AZ Hurt On The Job will be able to help you determine what financial benefits you’re eligible for and how you can legally...

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What Is Sheltered Employment And How Does It Affect Me In Arizona?

Posted by on Aug 28, 2017 in Blog | Comments Off on What Is Sheltered Employment And How Does It Affect Me In Arizona?

When a worker is granted workers compensation, up to 70% of the compensation costs cover the lost wages and salaries of the injured worker. The remaining 30% of the costs are related to the worker’s benefits. However, should the worker heal from their injury but remain disabled they may engage in sheltered employment. Sheltered employment refers to a setting within the workplace wherein a disabled worker is able to receive training and additional services related to their work. Before 2011, an injured worker’s use of sheltered employment was argued to be a violation of disability benefits. Therefore, workers working under sheltered employment were often denied partial or permanent disability benefits. Modern sheltered employment and disability benefits In 2011, the State of Arizona passed the Arizona Revised Statute section 23-1048. The statute states that, should an employer create reasonable accommodations for the injured worker, those wages paid to the injured worker will be held against them should they file for partial disability benefits. Although the worker may be disabled, they are unable to receive disability benefits under the Arizona workers compensation system if they are showing their ability to earn a living wage. However, in order for the injured worker’s wages to be counted against them when filing for disability benefits under Arizona workers comp law, the employer must provide the injured worker with reasonable accommodation. What is determined as reasonable accommodation? Whether or not the accommodation is considered reasonable may be argued by the injured worker and their workers compensation attorneys. Prior to the statute’s revision, the injured worker may have been working the same number of hours and performing the same duties as before they became disabled at the date of their injury. Now, a workers compensation lawyer may argue that the employer’s accommodations should allow the employee to work in a modified environment as to benefit the employee in such a way that is consistent with their physical limitations. If you were harmed in an incident while working on the job and believe your employer’s accommodations for your disability are unreasonable, you may have a case. For more information regarding sheltered employment and disability benefits related to workers comp law, contact the law offices of AZ Hurt On The...

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