Have you suffered an injury while on the job? If so, you’re likely experiencing a number of emotions. For most of us, our jobs are our livelihoods, providing stability and financial security. The thought of change and having to adapt to something new can be scary.
Fortunately, the law allows certain protections for injured employees. If you have suffered a recent injury, an experienced workers’ compensation attorney in Arizona can help you understand your rights. To learn more, contact MDK Law Group at (623) 225-5635.
Why Choose MDK Law for a Work Injury Claim?
- At MDK Law Group, we have created a team of skilled personal injury lawyers who understand the workers’ compensation and personal injury civil system in Arizona.
- Our team has the resources needed to fully investigate every aspect of your claim and then pursue compensation either through an insurance settlement or through a personal injury lawsuit.
- We handle injury claims in Arizona on a contingency fee basis, which means our clients pay absolutely nothing until we secure the compensation they are entitled to. If we do not win, our clients pay nothing at all.
Understanding Arizona Workers’ Compensation
In Arizona, the law requires any organization that employs at least one employee to carry workers’ compensation insurance. In the event of an injury, the workers’ compensation provider will do a preliminary investigation to determine the nature of the incident and the primary cause. If the injuries are work-related, the employee may be eligible for time-loss and medical payments, among other benefits.
What Happens If You Are Injured on the Job?
In Arizona, workers’ compensation is no-fault insurance. This means the injured employee is eligible for these benefits regardless of who was at fault. However, there are certain steps you must take to protect your rights.
First and foremost, you must report your injury to your employer. You should always do this as soon as possible after the injury. At this point, your employer should provide you with information and advise you to seek medical care. The employer may have the right to choose your provider, so it is important to get approval before you get any treatment. This is also when you should consult with an Arizona workers’ compensation attorney.
What Exactly Does a Workers’ Compensation Attorney Do?
The purpose of workers’ compensation is to protect both the employee and the employer. While this insurance provides the employee with benefits to help facilitate their recovery, it also protects the employer from being sued. That said, you will be dealing with an insurance company that will employ their own legal team to limit their liability and consequently any damages you attempt to recover.
At MDK Law Group, our goal is to help you achieve your maximum recovery. This means we will work with your care providers, review your care plan, and negotiate with the insurance company to help you obtain a fair and reasonable settlement. In the event your claim requires a hearing, our experienced workers’ compensation attorneys are ready to fight for your rights.
Helping You Through the Complicated Workers’ Compensation Process in Arizona
A workers’ compensation claim is a legal process. In almost all cases, you need an experienced workers’ compensation attorney to guide you through the process. Under the law, you have the right to a second opinion and may qualify for vocational rehabilitation. However, this is typically not something your employer or insurance provider will volunteer, as it costs them money. At MDK Law Group, our workplace accident attorneys in Glendale can help you understand your rights and guide you through your options. At a time like this, it’s important to have someone in your corner.
You May Have More than a Workers’ Comp Claim
Workers’ compensation prohibits employees from suing their employer for damages. However, depending on the circumstances leading up to your injury, you may have more than a workers’ comp claim. In some cases, you may have a third-party claim. Examples include:
Motor vehicle accidents: If you sustained an injury on the job while driving a motor vehicle, working with a Phoenix car accident lawyer, you may have a personal injury claim against the at-fault party.
Defective machinery or parts: When your injuries are due to a mechanical failure, the parts or machinery manufacturer may hold financial responsibility for some or all of the costs of your injury.
Occupational diseases: In some cases, an employee may be diagnosed with an occupational disease that they contracted while they were at work but was actually caused by another entity, such as a chemical manufacturer.
Cases that involve third-party responsibility are complex and typically require coordination between all parties. In these cases, we always advise the assistance of an experienced Arizona workers’ compensation attorney.
Work Injury Reporting Deadlines in Arizona
For work injury claims, there are a few deadlines that individuals need to be aware of. First, individuals should report their injury to their employer as soon as possible, preferably within a day or two after becoming aware of the injury or a diagnosis. There is no specific time frame written into Arizona work injury laws that require immediate reporting to employers, but the injury should still be reported promptly to avoid claim delays or denials.
Overall, individuals have one year from the date they knew about their injury or illness or from when they should have known about their injury or illness to file the workers’ compensation claim. Failing to file the workers’ comp claim within that one-year time frame will likely mean that the individual is unable to recover compensation.
In the event the work injury gives rise to a third-party personal injury lawsuit, this lifts the claim out of the workers’ compensation system and into the civil claim system. The personal injury statute of limitations will apply in this scenario. This means that the lawsuit must be filed against the alleged negligent party within two years from the date the injury occurred.
Common Reasons Workers’ Compensation Claims are Denied in AZ
There may be various reasons why a workers’ compensation claim would be legitimately denied. However, even if your claim is denied, we strongly encourage you to speak to an attorney. It is not uncommon for insurance carriers or employers to wrongfully deny a claim, and you need to know whether or not you have recourse. Some of the main reasons claims get denied include the following:
- Failing to promptly notify the employer about the injury
- Failing to file the workers’ compensation claim within one year
- The injury happened outside of the scope of employment during non-work-related activities
- The employer or the insurance carrier disputes the cause of the incident
- There’s not enough medical evidence to support a claim
- The employee failed to seek prompt medical care
- The medical care was obtained by an unauthorized healthcare provider
- The individual was impaired by alcohol or drugs at the time the incident occurred
- The injury occurred while the employee was horse-playing on the job
Just because a workers’ compensation claim is denied does not necessarily mean that a person does not deserve compensation. Insurance carriers and employers will regularly look for reasons to deny claims, and it is not uncommon for a legitimate claim to get denied. When you work with a skilled work injury lawyer in Arizona, you will have an advocate ready to fully investigate your claim and handle any appeals on your behalf.
When You’ve Been Injured, Get the Best Legal Team on Your Side
If you suffer a workplace injury, it can feel like your world has been turned upside down. At MDK Law Group, our Arizona personal injury attorneys help our clients navigate this time and provide a sense of security and stability. You shouldn’t have to worry about your future when what matters the most right now is your recovery. If you have sustained a workplace injury, it’s important to understand your legal rights and take steps to protect your future. Contact MDK Law Group at (623) 225-5635 for a free case evaluation.