If you’ve been injured on the job, leaving you briefly unable to work, temporary workers’ compensation benefits may be the only way for your family to survive the loss of income.
However, as with any workers’ compensation claim, your employer and their insurance company may try to dispute it and avoid paying your claim – even if it’s completely legitimate.
Too many employees will take this kind of treatment lying down. But rest assured, it is worth the fight! You are entitled to your temporary benefits and your family deserves the peace of mind. Our workers’ compensation attorneys understand these claims and know exactly what you’re eligible for. We’ll make the necessary arguments for you so you can focus on getting better and getting back to work.
Most injuries sustained while on the job are not as serious or traumatic as to necessitate payment of medical benefits or compensation for the life of the injured worker. For many of these workers, they are able to return to work at least in some capacity but are entitled to temporary benefits before they do return. If you are in this situation, our attorneys can help guide you through the process of obtaining the appropriate temporary benefits under workers’ compensation laws.
Temporary Total Disability
Workers who suffer temporary injuries and are unable to return to work at all for a period of time may collect temporary total disability compensation. Arizona law requires a doctor’s note or report to confirm the disability and the length of time the worker is unable to return to work. During this time, the injured worker must also be actively receiving medical care.
Under current Arizona law, the injured worker is entitled to receive 2/3 of his or her average monthly wages, including $25 for each dependent, during the time he or she is out of work. The maximum one can collect is $4,428.91 per month for injuries sustained after January 1, 2016. The maximum amount is adjusted on the first day of each year, so be sure to consult with an attorney regarding the specifics of an amount you may collect. Under workers’ compensation, all medical expenses related to the workplace injury are paid in full, and the payments continue until the disability period expires. Workers may also be reimbursed for mileage to and from medical appointments, along with parking and tolls.
Under the workers’ compensation statute, there is a 7-day waiting period, and no payments are made until the worker has been disabled for at least 14 days. Then, benefits are paid retroactively to the date of injury. If the worker returned to work before 14 days, he or she is paid for days 8 through 10 only. These numbers may vary depending on changes to applicable laws, so it is important that you consult with an attorney regarding this information.
Temporary Partial Disability
If the injured worker is able to perform any type of work but the wage would be less than the individual’s average monthly wage, then the individual may collect temporary partial disability. Compensation is currently at 2/3 of the difference between the worker’s pre-injury and post-injury wage rates.
Disputes may arise over whether a worker sustained an injury or if the injury occurred during the course and scope of the worker’s employment. Repetitive use injuries or illnesses that developed from consistent exposure to toxic chemicals may also be subjects of dispute. Other disputes arise over whether a worker has recovered sufficiently to return to work or when a particular course of treatment has been denied.
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