Frequently Asked Questions about Workers’ Compensation
Workers’ comp is an insurance system designed to avoid litigation between employees and employers over work-related injuries. However, the employer and the insurance company have lawyers working for them. It is in your best interest to seek the counsel of an experienced workers’ compensation attorney.
Every workers’ compensation case is unique, but there is basic information that all claimants should know. The following answers some of the most common questions.
What Type of Injuries are Covered and What Expenses are Covered?
For any work-related injury or illness, all medical costs are covered and compensation for lost wages is paid. Most injuries are temporary, but as the lawyers at Schiffman Puig can attest, permanent compensation and vocational rehabilitation may be available if warranted.
Is Negligence an Issue?
The injured employee does need not prove negligence on the part of the employer. Additionally, some negligence on the part of the injured employee does not preclude coverage. However, there are circumstances where an employee’s actions could be so far removed from work-related (the commission of a crime for example) as to render benefits unpayable.
What Amount Is Payable for Lost Wages?
The Industrial Commission of Arizona establishes the payment based upon the average wage of the injured employee at the time of the injury which is capped at a specific dollar amount each year.
Can the Injured Worker Chose Their own Doctor?
In most cases, yes. In the case that the employer is self-insured, the employee does not have that option.
Can the Employer be Relied on to File a Claim?
Although the employer is legally obligated file a report, that report does not initiate the claim. The workers’ compensation attorneys at Schiffman Puig advise the worker file his or her own claim to ensure proper notification.
Contact a Phoenix Workers’ Compensation Attorney for Legal Advice
Workers’ comp issues are complex. Make sure your rights are protected.
Hire your advocate today.
Schiffman Puig (602) 235-0539