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Posted in Workers Compensation on March 31, 2023
Any person who sustains a workplace injury or illness caused by or triggered by work-related duties deserves compensation. The vast majority of employees in Arizona are covered through workers’ compensation insurance, but that does not mean they will necessarily have a smooth route toward recovering compensation when an injury or illness occurs. Here, we want to examine what an experienced Phoenix workers’ compensation attorney can do to help your claim.
Most individuals think they will not need an attorney after a work injury occurs. After all, most individuals are covered through workers’ compensation. While it is true that the vast majority of work injury victims will receive compensation for their medical bills and a portion of their lost wages, that does not mean that the insurance carrier or employer will make it easy. There are times when workers’ comp insurance carriers and an employer push back against having to pay a fair settlement amount.
When you have a skilled work injury lawyer in Phoenix by your side, you will have an advocate ready to handle every aspect of your claim.
If you work with an attorney early in your injury case, you will have someone by your side who can help you file the claim properly. An attorney can file your claim promptly. We encourage reporting a workplace injury to a supervisor or the employer as soon as you know about it. Typically, this includes notification within a few hours after the injury occurs or within a day or so after an injury or illness diagnosis.
An attorney will understand that your claim must be filed within one year after the date of the injury or from when the person found out about the injury or illness. When you work with an attorney, you will have an advocate ready to answer your questions and guide you through the process. Your lawyer will communicate with the insurance carrier and the employer on your behalf and ensure that all necessary forms are filled out and filed on time.
Importantly, your lawyer will be able to help you navigate the appeals process in the event your workers’ compensation claim is denied. They will arrange for medical care and evaluations with specific trusted healthcare professionals and help gather the medical evidence needed to support your claim.
In some cases, it may be necessary to file a civil lawsuit against a third party related to a work injury. This can include filing a claim against a contractor or subcontractor or any other party aside from the employer who may have caused or contributed to the injury or illness.
Filing a third-party claim can be challenging, and this puts the case into the civil court system. Individuals will be required to prove that the other party’s negligence caused the injury or illness, something that is not required to receive workers’ compensation benefits.
If you have any questions about whether or not your case should be filed as a workers’ compensation claim or as a third-party personal injury lawsuit, we encourage you to talk to your attorney to determine the best steps.