Workers’ Compensation Lawyer Serving Tucson, AZ
Under Arizona law, most workers injured on the job are entitled to workers’ compensation benefits for lost wages. Arizona has a “no-fault” workers’ compensation statute. That means that the injured worker is entitled to receive workers’ compensation benefits even if an accident occurred because of your own mistake. There may be limits or penalties attached to benefits if you intentionally violate a safety rule, but generally, an injured worker is entitled to collect all workers’ compensation benefits even if the accident was something you caused yourself.
Although most injured workers in Arizona qualify for workers’ compensation benefits, collecting those benefits is not always simple or straightforward. If you need help filing for benefits for medical expenses and lost wages under Arizona’s workers’ compensation law, contact my office to schedule a free initial consultation.
Arizona Workers’ Compensation—Lost Wages Benefits
Generally, there are two types of wage loss benefits that are provided under the Arizona Workers’ Compensation Act. Those benefits are:
1) Temporary Disability. There are two types of temporary disability. If you have a total wage loss following an injury you may be entitled to benefits called Temporary Total Disability, or “TTD.” These benefits are paid in the amount of 2/3 of your average monthly wage. The average monthly wage is usually calculated based upon earnings during the 30 days before your injury, although there are other methods for calculating the average monthly wage. The law establishes a maximum wage figure which can be used to calculate the average monthly wage. Even though you may have earned more than the established average monthly wage maximum per month, the most a person can receive is 66⅔% of the maximum average monthly wage.
2) If you return to work in any capacity following an injury, but you still suffer a partial wage loss, the benefits you may receive are referred to as Temporary Partial Disability, or “TPD.” Your entitlement to temporary disability benefits will depend in large part on the opinions of your authorized treating physician., who is selected by your employer (or more likely, your employer’s work comp insurance carrier). Your entitlement to these benefits will likely stop once the authorized treating physician says you have reached maximum medical improvement,” or returns you to your regular job. “Maximum medical improvement” is a phrase that means that your condition has stabilized, and you have received all the medical treatment reasonably needed to treat your injuries or improve your condition.
3) Permanent Disability. There are two types of permanent disability. If, after reaching maximum medical improvement, you are still not capable of earning any wages in the same or other employment, you may be entitled to Permanent Total Disability or “PTD” benefits. This benefit is sometimes referred to as “Permanent Full Disability.” Those benefits will be paid out in the amount of 2/3 of your average monthly wage, and are payable for life. There may be offsets for social security benefits, etc., but this is the general rule. If, after reaching maximum medical improvement, you are capable of returning to work, you will not qualify for permanent total disability. You will, however, be entitled to Permanent Partial Disability benefits, or “PPD.” Permanent partial disability benefits are further broken down into two categories:
- Scheduled Injuries
If the permanent injury is to a certain part of the body, such as eye, hand, arm, foot or leg, the Worker’s Compensation law of Arizona determines your benefit.The method of calculating the monthly compensation is based upon the Arizona statute and court decisions which construe it. Scheduled awards are for a specific period of time. Compensation is calculated in three different ways for scheduled injuries: (1) Partial loss, you will receive 50% of the average monthly wage, (2) A loss resulting from an amputation or a total loss of use, you will receive 55% of the average monthly wage, and; (3) If your doctor indicates that the permanent injury prevents you from returning to the essential duties of your regular work, you will receive 75% of the average monthly wage. - Unscheduled, or “Whole Person” InjuriesIf the permanent impairment does not fall into the categories listed in the scheduled injuries, it is classified as an unscheduled general disability, such as head, neck, and back injuries. With these injuries, the Industrial Commission determines how much compensation, if any, you will receive. This decision is based on the effect the injury has on your ability to return to work and the wages you are able to earn compared to your average monthly wage on the date of your injury. Many factors are taken into consideration, such as age, education, previous occupations, physical limitations, and wages earned after the injury. You will receive a questionnaire from the Industrial Commission of Arizona requesting this information. The ICA will calculate your unscheduled permanent partial compensation at 55% of the difference between your average monthly wage and the amount they estimate you will be able to earn (reduced earning capacity) given your injury or at 66⅔% of the average monthly wage if you are determined to have a total loss of earning capacity. The Claims Division of the ICA will send you a form entitled “Findings and Award for Unscheduled Permanent Partial/Total Disability,” explaining the amount of money you will be receiving each month. The money is paid by the insurance company and is applied retroactively to the date of discharge by your doctor(s). The ICA may find that because you have returned back to work earning the same or more wages that you have sustained no loss of earning capacity. This means that the Industrial Commission recognizes that even though you have a permanent impairment, the impairment is not affecting your earning capacity.
If you, your employer, or the carrier disagree with this award, a request for hearing may be filed within 90 days from the issuance date of this award.
Work Injury Lawyer in Tucson, Arizona — Call to Schedule a Free Consultation
It’s important to speak with an experienced work injury lawyer before you sign anything regarding your claim. For more than 30 years, I have helped injured workers obtain workers’ compensation benefits, including those who have suffered catastrophic injuries like brain injuries and burn injuries. If you sustained an on-the-job injury, contact my office at (520) 622-8500 to set up a free initial consultation. I will work hard to help you receive the workers’ compensation benefits you deserve.