Workers' Compensation

How do I file a claim for an on-the-job injury?

You or your doctor can file the claim with the Industrial Commission of Arizona. Note that your employer cannot file a formal workers’ compensation claim for you. Your doctor may have forms for this purpose or we can help you find and complete the right form for filing.

When do I need to file my claim?

A workers’ compensation claim must be filed within one year of the date of injury or one year from the date you know that a disabling physical condition is related to your work activities. HOWEVER, you should notify your employer immediately when you realize that you have suffered an injury at work or a condition caused by your work activities.

What do I do if my claim is denied by the insurance company?

Any time you disagree with any action of your employer’s Insurance Company, you can protest that action by filing a Request for Hearing with the Industrial Commission. This will begin the process of getting a judge involved in your claim. You will need competent representation for the hearing process. The attorneys at Taylor and Associates can steer you through the maze of the hearing process.

How do I get medical treatment for my injury?

Go to the doctor as soon as possible after your injury and tell the doctor that you were injured at work. In nearly all cases, you can choose the doctor that will provide treatment. We can help you find a doctor that will treat your work-related injury if you are unsure.

Can the insurance company deny medical treatment for my injury?

Once your claim is accepted, treatment and care recommended by your doctor should be timely reviewed and approved by the insurance company. If not, contact us immediately to assist you and your doctor.

When will I get money for time I miss from work because of my injury?

If your claim is accepted and your doctor takes you off work, you are usually entitled to benefits after you have missed fourteen days of work. Even if your doctor returns you to work on modified or light duty, you still may be eligible for benefits based on any decrease in earnings. You should receive a check from the insurance company either every two weeks or monthly, depending on your doctor’s orders. If you are not clear on your entitlement to benefits or if you are not paid timely, give us a call. We can help you.

How much money should I get when I miss time from work because of an injury?

In Arizona, you are entitled to benefits equaling 66 ⅔ % (or two-thirds) of your average monthly wages you were earning prior to your injury. You may be entitled to additional benefits if the doctor determines that your injury or condition is permanent or will permanently limit your ability to work. The attorneys at Taylor and Associates can help to assure that your benefits are calculated correctly to make sure you maximize your benefits, both during and after your injury is stationary and/or permanent.

Do I have to attend an examination with the insurance company’s doctor?

Arizona law allows the insurance company to periodically send you to a doctor of their choosing for an evaluation, otherwise known as an Independent Medical Examination, (IME). This doctor will not provide treatment or become your doctor. Your benefits can be suspended or cut off if you do not attend the IME. A Taylor and Associates attorney can advise you regarding the IME and the possible outcomes and effects of that process.

What if my doctor disagrees with the insurance company’s doctor?

Any time you or your doctor disagree with any action of your employer’s Insurance Company, you can protest that action by filing a Request for Hearing with the Industrial Commission. This will begin the process of getting a judge involved in your claim. You will need competent representation for the hearing process. The attorneys at Taylor and Associates can steer you through the maze of the hearing process.

How long can I get medical treatment for my injury?

You will continue to receive medical care until your condition is determined to be stationary. Then, in many instances, the workers’ compensation insurance company will cover long-term “supportive” or “maintenance” care after your injury is stable. If your condition changes later, you may also be able to reopen your claim for additional medical treatment. We can assist you and your doctor to fight for all the medical care you deserve.

When should I get back to work after my injury?

You should follow your doctor’s orders when the doctor allows you to get back to work. In most cases, you should accept restricted or modified work if it is made available by your employer. Note that Arizona law allows your employer to terminate your employment, even when you are out due to an on-the-job injury. Contact us to discuss your work status and situation to try to minimize the consequences of being off work or out of work.

What happens if I can’t return to the type of work I was doing before?

Depending on the circumstances and nature of your injury, you may be entitled to permanent disability benefits and, in many cases, vocational retraining.  The attorneys at Taylor and Associates can explain all the benefits you might be entitled to if your injury prevents you from doing the same type of work.

How is Taylor and Associates paid for their work?

If it appears that you will receive monetary benefits, Taylor and Associates’ fees are paid on a contingency basis as a percentage of your benefits. There is usually no up-front retainer or out-of-pocket cost to you. Call us to discuss the details of the fees and costs that may be applicable to your particular case.

Can I sue my employer for their negligence?

In Arizona, you cannot sue your employer, even if you think they did something wrong that caused your injury. In almost all cases, workers’ compensation is the exclusive remedy for injured workers. This is why you cannot get damages for pain and suffering or other losses traditionally paid as damages in court. However, if your injury results from the negligence of a third party, not associated with your employer, you may be able to pursue a personal injury claim, giving rise to these types of damages.  The attorneys at Taylor and Associates can assist you with all the legal remedies you should consider investigating.

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