Workers’ Compensation Lawyer Maricopa County, AZ

Workers’ Compensation Lawyer Maricopa County, AZ

Following an on the job injury, it might be in your best interest to ask for the opinion of a workers’ compensation lawyer Maricopa County, AZ residents trust. Although you can file for workers’ compensation on your own, the process can be considerably tedious and challenging. Furthermore, if there are any particular challenges or extraordinary details, you may run a greater risk of being denied. 

For years, we have been helping injured or ill workers. Whether you suffered harm because of your own actions, or by another party, workers’ compensation may be available. Let us review your case, and if you have a valid claim, allow us to secure the results you are looking for. To find out more, please call a Maricopa County, Arizona workers’ compensation lawyer. Call the Saavedra Law Firm now.

Qualifying for Workers’ Compensation in Arizona

In general, most employees will be covered by workers’ compensation. The exceptions to this rule, include workers who fall into one of these categories:

• You are an independent contractor
• You are a volunteer
• You work on a farm that employs less than 6 employees

If you are a federal, maritime, or railroad worker, you are eligible for special programs that have been specially designed for workers.

In the event that you don’t know whether or not you are eligible, you can ask a Maricopa County, AZ workers’ compensation lawyer to review your case. Should you not be eligible, there may be alternative or underinsured programs. A lawyer can also review whether negligence or wrongdoing is a factor. If this is true, a personal injury claim might be pursued in addition to workers’ compensation benefits. 

Benefits for Acute Injuries vs. Repetitive Trauma and Occupational Illness

Too often, workers are led to believe that they can only file workers’ compensation claims for acute trauma caused by accidents. In reality, workers are entitled to coverage for any work-related injuries or occupational illnesses that cause them financial harm (medical bills, lost wages, job rehabilitation service needs, etc.). As a result, it’s important to connect with our firm’s experienced Arizona legal team if you’ve learned that you’ve developed symptoms indicative of repetitive trauma injuries, aggravation of a preexisting condition, or an occupational illness. As long as your harm resulted from work-related activity and you’re eligible to receive workers’ compensation benefits, you should be able to work with our firm to file a related claim successfully.

With that said, it can be far more difficult to file a workers’ compensation claim successfully when your work-related harm did not result from a one-time, on-site accident scenario. When an accident occurs on-site, there is really no question that the harm suffered by injury victims is work-related. However, when an employee develops an occupational illness, suffers repetitive stress, or aggravates a preexisting condition, it becomes relatively easy for workers’ compensation claims adjusters to argue that the harm in question was caused by a worker’s life away from the job. Similarly, when injury occurs away from a traditional job site, especially if there are no witnesses to the harm, it can be difficult to prove that one’s injuries are work-related and therefore grounds for a legitimate workers’ compensation claim.

Common Injuries that Lead to Workers’ Compensation Cases

Any kind of injury sustained in the workplace can constitute a workers’ compensation case. There are some types of injuries that more often lead to workers’ compensation Some of the most common include: 

• Construction accident injuries. This is a common injury in the workplace as a construction site in general can be very dangerous. The workers often realize there is risk in this profession, but their company should still be held accountable to having a safe work environment. The workers should also still be compensated if they are injured on the job. 
• Repetitive motion injuries in the office. This can include carpal tunnel, injured joints, or other issues from doing the same thing day after day. Chronic pain is often associated with repetitive motion issues. 
• Slip and fall accidents. Slip and falls can happen anywhere at any time. If there were dangerous conditions that caused a person to fall at work — such as slippery floors without a “wet floor” sign nearby or a crack in the floor or something easily tripped over — he or she may be able to file a workers’ compensation case. The key to this kind of case will be proving that negligence occurred. 
• Electrocution can occur in contracting jobs that work with electricity. 
• Truck drivers sometimes get into accidents on the road. This will typically result in a workers’ compensation case. 
• Car accidents can also result in a workers’ compensation claim, but it needs to meet certain criteria. You needed to be driving during work hours, as it does not count as workers’ comp if you were merely on your way to work. 
• Asbestos exposure. This was a very common issue years ago that has caused cancer in some people who were exposed. It can sometimes be difficult to trace where the exposure happened, but a good lawyer will know how to help you do this. 

Your best bet will be to contact an experienced workers’ compensation lawyer to see whether or not your case is worth pursuing. Your employer needs to be held accountable if you were injured at work. It will not only help you get through your own injuries, but it will hopefully protect others from going through the same thing that you had to deal with. 

Building a Strong Case for Complicated Claims

It is almost always beneficial to work with an experienced workers’ compensation attorney when you have grounds to file a claim. However, it is particularly important to work with a lawyer when you are filing a claim that is at significant risk of being rejected or devalued by a claims adjuster. Being proactive in this way can help to ensure that your claim is approved, fairly valued, and paid without delay. Trying to file a claim related to off-site injuries, occupational illness, repetitive trauma, or aggravation of a preexisting condition on your own can lead to an outright rejection of your claim. Filing an appeal related to a claim rejection is possible but it is a process best avoided when possible. Working with an experienced attorney helps to ensure that your claim is approved fairly “the first time.”

When Work-Related Injuries Are Fatal

Surviving loved ones of employees killed due to work-related injury or illness should know that they may be eligible for workers’ compensation death benefits in the wake of their loss. These benefits are generally paid in installments and can amount to a significant amount of compensation. There are very specific eligibility requirements involved in obtaining these benefits, so you should speak with an attorney as soon as you can about whether or not you qualify for this form of compensation. 

Undocumented Workers

If you are an undocumented worker and have been injured while working, you may be able to recover workers’ compensation. These benefits are meant to be available for any qualified injured worker. Given the sensitive nature of this kind of situation, it is advisable to reach out to a workers’ compensation lawyer in Maricopa County, Arizona, from the Saavedra Law Firm, PLC.

Time Constraints for Filing for Workers’ Comp

When it comes to these claims, there are very strict time limits. These begin as soon as you were injured or diagnosed with an illness. Sometimes, the limits are very short, and if you should miss them, your claim may be denied or delayed. A lawyer can explain the deadlines and help you to understand what your next step should be.

What to Do if Your Workers’ Compensation Claim Was Denied

Our Maricopa County, Arizona workers’ compensation lawyer has helped many clients before who have had their workers’ compensation benefits denied after they have been injured at work. We understand that after a traumatic accident it can be terrifying to think that you will not have your medical bills covered. Many people believe that insurance companies are more agreeable than this: if you provide evidence to show that you were injured at work, they should accept your claim, right? Not necessarily. Unfortunately, insurance companies are not there to help you when you need it. They are there to spend as little as possible in order to put your claim to rest. Want to learn more about why workers’ compensation claims may be denied? Call our office. 

Top Reasons Your Workers’ Comp Claim May Have Been Denied

Employers do not want to have to pay workers’ compensation because it is expensive and does not benefit them in any way. This means that it is not always easy to just file for and receive workers’ comp. Some of the most common reasons a claim may be denied include: 

• No explanation. If you submitted a workers’ compensation claim and did not give an explanation of the injury, it is very likely that they will not accept your claim. If you slipped and fell while you were working, you need to go into more detail about how you slipped and fell. If there was a leak and you slipped on a puddle in the middle of the floor, you should note this in your claim. 
• You have a pre-existing injury. Many people realize that if they have some type of pre-existing injury, insurance companies will jump on this as a reason not to give you your benefits. Perhaps you have suffered from arthritis for years and you injured your hand while on the job. They may take the opportunity to say the injury was from your arthritis, not an on-the-job injury. 
• The injury wasn’t reported on time. This is important because once you notify your employer or supervisor that you were injured, they must notify their insurance company. If your employer failed to notify the insurance company on time and they did not accept the claim, speak with your lawyer immediately. Like other personal injury claims, all workers’ compensation claims must be reported within a specific time period. 
• Your employer is contesting the injury. If your employer speaks with the insurance company and says that your injury did not happen at work but it did, you should contact your attorney as soon as possible to ensure you have all the necessary evidence. 

Appealing a denied claim can be done successfully with the help of a trusted workers’ compensation lawyer. You should always reach out to a lawyer before even filing for workers’ comp to best increase your chances of getting a claim approved. Regardless, even if you did not hire one before submitting a claim, you need to have a lawyer on your side to appeal a denied claim. It is not impossible to gain compensation, even if it was denied the first time around. You may need to provide important additional details and other information. Your lawyer will know exactly what to do and how to best proceed. 

Maricopa County Workers’ Compensation Law Infographic

Why You Should Call a Workers Compensation Lawyer

When you go to work in the morning, you probably do not expect to get hurt; however, accidents can happen at any time, and it is important for you to see a doctor as quickly as possible. Then, after you are confident in your medical plan, it is important for you to reach out to a workers’ compensation lawyer in Maricopa County, AZ, such as an attorney with the Saavedra Law Firm, PLC. What are some of the reasons why you need to work with a lawyer who specializes in this area?

You Do Not Want To Miss Deadlines

Following an accident at work, there are strict guidelines you need to meet. Even if you think you are eligible for worker’s compensation, you still need to file all the necessary paperwork on time. Otherwise, you could be denied the benefits that you would otherwise be entitled to. You need to work with a lawyer who has experience in this area. That way, you do not overlook any important dates.

You Deserve To Maximize Your Compensation

You also need to make sure you maximize your compensation. Your benefits under workers’ compensation might be used to cover your medical expenses. These benefits might also replace lost income. If you do not work with an attorney, you might not get as much money as you should. This is one of the top reasons why you need to reach out to a workers’ compensation lawyer in Maricopa County, AZ following a serious workplace accident.

You Should Focus on Your Medical Recovery

Finally, you should focus all of your attention on your medical recovery. You do not want to deal with a lot of paperwork, particularly when it is filled with legal jargon. You deserve to work with an attorney who has experience in this area. He or she can explain the paperwork in a way that you understand while also making sure it is filled out correctly. 

Call a Workers’ Compensation Lawyer

These are just a few of the biggest reasons why you need to reach out to a workers’ compensation lawyer if you are hurt in an accident at work. The first thing you should do is talk to a doctor, but do not forget to reach out to a workers’ compensation lawyer in Maricopa County, AZ, such as an attorney from the Saavedra Law Firm, PLC, who can make sure your rights are properly protected.

Stop Believing These Workers’ Compensation Myths

Many people fail to contact a workers’ compensation lawyer in Maricopa County, AZ, because they have misconceptions about how the process works. Saavedra Law Firm, PLC has seen people lose out on the benefits they deserved because they didn’t ask questions about what they were entitled to. Here are some common myths about workers’ compensation that you should stop believing.

Myth: You Should Wait To File a Claim To See if You Get Better

If you have reason to believe your injury is work-related, you should file a claim as soon as the injury occurs or you become aware of it. There are time limits to file a work comp claim, and if you wait, you could miss the deadline.

Myth: Filing a Workers’ Compensation Claim Can Get You Fired

As an injured worker, you have a right to file a workers’ compensation claim. It is against the law for your employer to fire you or otherwise punish you for exercising your rights.

Myth: You Don’t Get Benefits if the Injury Was Your Fault

Workers’ compensation is designed to be a no-fault system. In most cases, the question of whether you caused or contributed to your own injury is irrelevant. As a workers’ compensation lawyer in Maricopa County, AZ, can confirm, you are usually entitled to compensation in either case.

Myth: You Have To Have Been Doing Your Job When You Were Injured To Claim Workers’ Compensation

Workers’ compensation covers injuries and illnesses that you sustain in the course of your employment, but that doesn’t necessarily mean that you have to have been at your workstation performing your work duties at the time. Injuries that happen on your break or while you are in transit to or from your workstation are usually still compensable under workers’ compensation laws. For example, if you fell down the stairs as you were heading home after your shift, that would probably still qualify.

Myth: Your Employer Will Help You Get All the Benefits You Deserve

Most employers play a limited role in the claims process. Rather than paying work comp out of their own pockets, they carry workers’ compensation insurance that covers it. Insurance companies are notorious for looking for excuses not to pay claimants what they deserve, and even if your employer sympathizes, he or she may not have any say in the matter.

A workers’ compensation lawyer in Maricopa County, AZ, from Saavedra Law Firm can represent your interests and stand with you during the process. You do not have to go through it alone.

The Factors Influencing a Workers’ Compensation Case

When you are on your way to work in the morning, you probably do not expect to get hurt. Unfortunately, accidents can happen at just about anytime, and they can sometimes take place at work. If you file a workers’ compensation claim, what are a few factors that will influence your case? Make sure you rely on a workers’ compensation lawyer in Maricopa County, AZ, such as a lawyer from the Saavedra Law Firm, PLC.

Did Your Injury Happen While at Work?

One of the first factors that will influence your case is whether your injury happened while you were at work. Just because you suffered an injury while you were employed does not necessarily mean you have a workers’ compensation claim. You will need to prove that the injury happened while you were at work in order for your claim to be successful.

Were You Acting in the Scope of Your Duties?

Next, you will need to prove that you were acting in the scope of your duties. Your contract clearly spelled out what you need to do as a part of your employment. If you were injured because you were acting outside of the scope of your employment, you may not be entitled to workers’ compensation. A workers’ compensation lawyer in Maricopa County, AZ can help you navigate this issue and make sure the circumstances of your injury are clear.

Did You File the Right Paperwork?

Finally, if you want your claim to be successful, you need to file the right paperwork. You might be required to submit a claim within a certain number of days following your injury. If you miss this deadline, you may not be able to recover any compensation. For this reason, you need to reach out to an attorney as quickly as possible following the accident. That way, you can submit your claim before the clock runs out. 

Count on a Trained Workers’ Compensation Lawyer for Help

There are a lot of moving parts involved in a workers’ compensation case, and you need to rely on a lawyer who can help you. You deserve to focus on your medical recovery, which is why you should count on a workers’ compensation lawyer in Maricopa County, AZ from the Saavedra Law Firm, PLC for help. You do not have to go through this on your own. Rely on an experienced attorney who can help you.

Under Arizona law, if a worker is injured while performing job-related duties or develops a health condition or occupational illness due to the job, they are entitled to receive workers’ compensation benefits. The following are some common questions about workers’ compensation. For more detailed information, contact a workers’ compensation lawyer in Maricopa County, AZ.

Maricopa County Workers’ Compensation Law FAQs

What type of work injuries qualify for workers’ compensation benefits?

Basically, any kind of physical ailment or injury that occurs as a result of the employee’s work could qualify for benefits. This includes injuries from workplace accidents, repetitive motion injuries, exposure to chemicals or other dangerous substances, and more.

What is the process if I am injured?

When a worker is injured, the first thing they should do is seek medical attention. Depending on where the injury discovery takes place, the employee should also notify their supervisor of the injury, either before or after seeing a doctor. A Maricopa County, AZ workers’ compensation lawyer knows that most companies have protocols and procedures in place regarding how that notification takes place, so it is important to follow that process. Keep in mind, however, that even if your employee only requires a verbal notification, it is always a good idea to follow up with an email, so you have an electronic trail of that notification.

Why was my claim denied?

There are many reasons why a workers’ comp claim can be denied. If the worker failed to notify the appropriate people at the company or they failed to file the correct paperwork or submit the paperwork within a certain time period, their claim can be denied. If the injured worker intentionally injured themselves, that would be another reason why the claim would be denied.

Can I appeal the claim denial?

Even if an employee does exactly what they are required to do and even if they have a legitimate claim, the employer and/or their insurance company can still attempt to deny the worker’s claim. The worker has a right to appeal the claim with the Industrial Commission of Arizona. The first step is filing an application for appeal to request a hearing. A Maricopa County, AZ workers’ compensation lawyer can prepare that application, as well as represent you at the hearing. Appeal hearings are legal essentially legal procedures and in order to be successful, do require knowledge of Arizona’s workers’ compensation rules and regulations. Failure to provide the appropriate evidence and required documentation could result in losing the appeal and losing the opportunity for benefits.

Do You Need a Worker’s Comp Lawyer?

The short answer is in many cases you don’t. However, if you have been hurt on the job then it can be difficult to know what to do from there. You may get conflicting advice from your employer, your insurance company, and even friends and family. While you don’t need a lawyer, many people find it beneficial.

If you don’t know all your rights then it could cost you thousands of dollars in lost benefits. In many cases, people aren’t aware of their rights and that puts your employer and insurance company at an advantage. A lawyer can also help you get treatment if your insurance is trying to refuse it. A lawyer is often beneficial to help you get the compensation you rightly deserve.

What Are My Rights After an Injury at Work?

This is greatly going to depend on your case and the facts behind it. In short, you are entitled to medical care related to your injury and a tax-free benefit to compensate you for your lost wages or permanent injury.  Here are some commonly overlooked benefits:

• These benefits can include the payment of temporary total or partial disability to compensate the injured worker while missing time from work. They can also include an award for permanent partial disability after the worker has completed medical treatment.
• Additional benefits may include vocational services if the employee is unable to return to normal duties at work. These services can provide assistance with finding another job, or training to learn a new occupation, and are privy at the expense of the employer and their insurance company. If they can provide accommodations for the worker then this doesn’t apply.
• Wage benefits are two-thirds of average weekly wages and are capped. This worker needs to ensure that this is properly calculated so the benefits are accurate.
• An injured worker is entitled to medical treatment, medications, and medical mileage payments for visits to a healthcare provider.

You don’t have to go through worker’s comp alone. If you have any more questions about what a workers’ compensation lawyer in Maricopa, AZ can do for you, don’t hesitate to reach out to the team at Saavedra Law Firm, PLC for more information and to schedule a consultation with one of our dedicated lawyers.

Why Does Workers’ Comp Get Denied?

Workers’ compensation may be denied for a variety of reasons. There’s also a good chance that the compensation claim may have been denied in error. That is why it is important to understand the different rulings and information surrounding workers’ comp. Some people get an immediate denial for their workers’ comp claim if they failed to give a documented reason of how and why the reason occurred in writing. Another way that many people get denied for their comp claim is due to a pre-existing injury. Insurance companies typically look for pre-existing injuries as one of the first things they look at when looking over a workers’ comp claim. Other reasons include the employer’s denying the injury occurred at work, not submitting the injury within the correct time period, and more.

What Injuries May Lead to a Workers’ Comp Claim?

There are many injuries that may constitute a reason to submit a workers’ comp claim with a workers’ compensation lawyer in Maricopa County, Arizona. These injuries include:

• Construction Accidents range from machinery malfunctions or a fellow worker not operating machinery safely.
• Carpal tunnel injuries from repeated motions at work.
• Slip and fall accidents occur at the workplace.
• Truck driver accidents while completing a job from destination to destination.
• Muscle and bodily injuries from working a physical/manual labor job.
• And more.

Is Legal Counsel Needed to Prove a Workers’ Comp Claim?

While it is not required to have legal counsel to prove or submit a workers’ compensation claim it may make the process easier. That’s because a lawyer who works in the realm of workers’ compensation understands the different details and nuances that accompany these types of cases. They know how to build a strong offense or defense through the evidence and can give their clients a better chance of receiving the compensation that they feel they deserve. A workers’ compensation lawyer in Maricopa County, AZ from our firm at Saavedra Law Firm, PLC has the skill, knowledge, and experience to fight for clients’ claims. If you decide to seek out a lawyer then be sure to ask them questions about the cases they previously worked on. Be sure to also ask them about the failures and successes they have had with cases. Make sure to take the time to understand them more as a person and as a lawyer too so that you know who you are dealing with throughout the case.

Call the Saavedra Law Firm

The last thing you might want to happen is to be denied or to only receive a portion of the benefits that you thought you deserved – let alone needed to adequately recover. Up to 60% of first-time applicants are initially denied. Even though filing an appeal is possible, the entire process will be delayed, and this includes accessing your benefits. To ensure your interests are protected, call a leading workers’ compensation lawyer in Maricopa County, Arizona today.