Most work injury cases are settled out of court through workers’ compensation. When someone is injured at work, they can often receive financial compensation for their damages without going to court. However, when anything goes wrong at work, there are several situations when it may be feasible to sue the employer.
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In Arizona, it is a legal requirement for all companies to offer worker’s compensation to all their employees. It is a no-fault system, meaning that regardless of who was at fault in a work-related accident, an injured employee is entitled to benefits in the event of an industrial injury. If you want to pursue a workers’ compensation claim or face difficulty with your claim, you should speak with an experienced Arizona workers’ compensation lawyer. However, remember that each state has different regulations regarding workers’ compensation insurance; therefore, it’s advisable to hire a local lawyer.
If the eligibility criteria are satisfied, the injured worker receives medical benefits even if the illness is work-related. A worker must speak with an Arizona workers’ compensation lawyer at Matt Fendon Law Group. They will thoroughly address your employment details and assess the law and workers’ compensation policies specific to the industry. After considering all the factors, they will start legal proceedings or help in winning the right compensation.
This tutorial will guide you through the damages you can recover through a workers’ compensation policy.
Understanding Workers’ Compensation Policy
Employees who become ill or injured due to conditions connected to their employment are entitled to benefits under a workers’ compensation policy, often known as workman’s compensation. It also contains death benefits, disability payments, and lost wages.
Workers’ compensation reduces your accountability for workplace illnesses and injuries. Without insurance, an employee may file an occupational illness or accident claim against the company to recover lost earnings or cover medical expenses.
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Workers’ Compensation Policy Limits
The insurance policy can clearly define the liability limitations for workers’ compensation coverage. This amount is the maximum that is reimbursed under the insurance. Each state will have minimum mandatory coverage levels. Most states will impose one of three limits:
1. $100,000 cap for bodily injury per occurrence
2. $100,000 bodily injury claim per employee due to occupational factors
3. $500,000 policy cap for illness-related physical injuries
Insurers will provide a higher amount if you believe the minimum limits are insufficient to cover your medical and recovery expenses.
What Can You Recover?
If the employee becomes ill or injured outside the workplace, the workers’ compensation policy is not accessible. Employees who intentionally injure themselves or have an accident while under the influence are also not eligible for compensation policy.
If an employee suffers an illness or accident at work, a workers’ compensation policy can help them recover the following costs:
A workers’ compensation policy helps to recover medical costs associated with a disease or accident at work. It can include ER visits, necessary operations, medications, and rehabilitation therapies. For example, a workers’ compensation policy can help pay for a hospital visit if an electrician suffers a hand injury while working in a client’s home.
Hiring a workers’ compensation lawyer will help you to calculate the medical costs in compliance with Arizona law.
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When an employee needs time to recover from an employment-related illness or accident, a workers’ compensation policy can help cover some of their lost wages. For example, workers’ compensation coverage can help make up for a portion of the money your restaurant chef loses if an individual scorches their arm on a kettle of hot water and can’t work for a month.
You might also hire a workers’ compensation lawyer to recover your lost income, as they have experience dealing with such issues.
Ongoing Care Expenses
Some workplace-related illnesses or serious injuries require multiple treatments and continuous therapy sessions. For example, when a warehouse worker injures their backbone while carrying heavy boxes, a workers’ compensation policy can help pay for their ongoing medical expenses, such as physical therapy. These treatments are necessary as they help employees to recover from their injuries. However, the costs can be overwhelming, which is why there are provisions in the worker’s compensation policy to recover such expenses.
Workers’ compensation policy could help with burial expenses and offer death compensations to the beneficiaries if their loved one died due to complications with work-related injuries. The policy will cover funeral expenses and, in some cases, might pay the surviving members some additional money to cope with the lost earning of the loved one.
Sometimes, your employment may expose you to dangerous chemicals or allergies that might make you ill. Workers’ compensation insurance can help pay for your medical expenses if you become ill due to a condition or incident at work. This provision is especially useful for people working in hazardous industries such as waste disposal or chemical plants.
Repetitive Injury Costs
Not every workplace injury is caused by a particular catastrophic event. It may take months or years for repetitive diseases like carpal tunnel syndrome to become evident. If an employee suffers from carpal tunnel syndrome as a result of years of bad ergonomic typing style, workers’ compensation can help pay for the cost of therapy and ongoing care.
Depending on the injury severity, a workers’ compensation attorney in Arizona can help you obtain compensation. The risk associated with workers’ compensation increases with the severity of the injury.
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Certain workplace mishaps might be severe enough to render an employee temporarily or permanently disabled. Disabled employees may be eligible for benefits under workers’ compensation laws to cover their medical expenses and partially offset lost income.
For example, if a foreman suffers a work-related injury that leaves them partially disabled, they can’t return to work and require ongoing medical care and financial assistance. Such employees can recover their medical and subsequent therapy expenses through workers’ compensation and disability payments.
Except for one or two states, every state mandate that companies offer workers’ compensation coverage to at least a portion of their workforce. There are many exceptions and exemptions to the policy. For example, contractors and freelancers are rarely covered, and many states either limit the extent of benefits or exclude certain occupations from liability.
Most state websites let you check if you have workers’ compensation insurance. For example, the Division of Workers’ Compensation in Arizona offers details of its program, links to required paperwork, and a database that can tell if a particular business is covered.