Sometimes, traumatic accidents can occur in a Phoenix, Arizona, workplace that can lead to a severe injury requiring amputation. Workplace amputation cases can be extremely difficult for victims and even cause them to lose their capacity to work in their existing occupation. If you have fallen victim to a workplace amputation, then a Phoenix amputation work injury lawyer from Arizona Injury Law Group can help you get the benefits you need to support your situation.
Amputees who have lost a limb in a workplace accident are entitled to certain benefits, such as workers’ compensation. If their employer or a third party acted in a particularly egregious or neglectful manner, and it led to the accident that caused the amputation, then other compensation may be due as well. The legal professionals at Arizona Injury Law Group have years of experience working with workplace amputation cases, yielding optimal results for their clients.
In Arizona, all employers are required to be insured so that their employees can receive workers’ compensation if they are injured on the job. Workers’ compensation payments are paid out by the employer’s insurance company to cover expenses involving medical bills, treatment, and lost wages.
However, it’s important to note that the majority of workers’ compensation claims cases are for short-term injuries that will heal after a certain amount of time. For cases involving severe injuries or disabilities, such as limb amputations, affected workers may be entitled to further benefits.
Cases that involve more long-term and severe injuries tend to have more drawn-out litigation and legal processes, along with greater complexity. This can involve amputation cases where the workers are required to be on leave for long periods of time or are permanently disabled.
The process of working toward getting extended benefits through the workers’ compensation system and the Arizona courts can become burdensome and stressful. Such processes can also take a financial and emotional toll on the plaintiff.
Therefore, a workplace amputation lawyer in Phoenix, Arizona can help alleviate the burden of such cases, helping clients work through hearings with the Industrial Commission of Arizona, or ICA, and negotiating on their behalf with their employer’s legal representation or insurance company.
Under Arizona law, individuals who are dealing with a permanent disability, such as a limb amputation after a workplace accident, are entitled to certain benefits. They can apply for workers’ compensation, which will cover all medical-related costs.
Medical expenses covered by workers’ compensation can include:
In addition to the coverage of medical expenses through workers’ compensation payments, individuals in Phoenix who are facing long-term disability can also apply for disability payments. According to the updated disability schedule, clients will receive a monthly payment that is a percentage of the monthly wages that they were making at their previous job.
A scheduled disability is defined as a disability that is established and defined by the state of Arizona. For each disability that is listed as scheduled, there is a corresponding payment amount. Amputation is a scheduled partial disability in Arizona that can be compensated by paying a worker up to 55% of the monthly wage that they were making before the accident occurred.
It’s important to note that, if the scheduled disability is considered to be a total disability, then this can result in disability payments to the client of up to 66% of their prior monthly wages. A total disability means that the injured worker is not able to go back to any form of employment. This means that not only can they not go back to their previous work, but their disability also prevents them from working a new job in a different sector.
An unscheduled disability is considered to be one that is not specifically defined in the Arizona state disability schedule. The resulting payments for an unscheduled disability may be different across varying cases. If the ICA determines that a person with an unscheduled disability is entitled to disability payments, then this monthly payment is calculated differently, depending on whether the disability is permanent or temporary.
If the disability is temporary, then the monthly payment amount will be the amount that the individual was earning before their accident, minus the amount that they will be able to make when they are able to return to work. When the disability is permanent, the monthly payment is calculated by paying the individual 66% of their previous monthly earnings.
There are cases in Arizona where victims of severe workplace accidents resulting in serious injuries, such as amputation, are entitled to receive a lump-sum payment. In some cases, the Industrial Commission of Arizona, or ICA, will allow for such payments.
For these payments to be delivered, the employer’s insurance company must agree on this kind of payment in the settlement if the payment amounts are over a certain threshold. For scheduled payments, the threshold is $25,000 and for unscheduled payments, the threshold is $150,000. To solidify the agreement, both the injured worker and the employer’s insurance company will have to sign a waiver.
There must be a specific reason for the ICA to agree to the lump-sum arrangement, including a significant demonstrated financial need or urgent rehabilitative expenses. An amputation disability workplace lawyer from our Phoenix-based law firm can help you explore your disability payment options. We can work to optimize your settlements, including payment periods and amounts.
If you are receiving disability payments in Arizona, and your circumstances have changed, such as a worsening health condition or a decrease in monthly wages, then you can file a Petition for Rearrangement or Readjustment of Compensation with the ICA. The ICA will review pertinent information related to your case, such as health condition evidence and the justification of your claim, to determine whether your request is valid.
In Arizona, there are very specific disability schedules for amputations that determine how long you are entitled to monthly payments for partial disability. The payment amount is two-thirds the amount of the difference between your previous monthly wage and the monthly wage that you are capable of earning after acquiring the disability. For losing a leg, the payment period is 50 months.
If you have been injured during work in Arizona, then it’s important to be sure that your health is not at risk. If you have no serious or threatening injuries, then you should report your accident and injury to your employer right away. Take photos of the scene of the accident and your injuries, make notes about details of the case, and take the contact information of eyewitnesses. Then, seek medical attention, even if your injuries are not particularly urgent.
It is not common for Arizona disability or workers’ compensation lawyers to charge an hourly fee. Instead, you will agree with your lawyer on a contingency fee that will only be paid out if you win your case. In Arizona, this fee is typically no greater than 25% of the total benefits that an injured worker will receive. It’s important to work with lawyers who are transparent about their pricing upfront.
Under Arizona law, all workers’ compensation cases are “no-fault.” This means that an injured worker is entitled to receive workers’ compensation benefits, whether they were responsible for their injury or not. All Arizona employers are required to have insurance so that, in the case of injury, their insurance companies will make the workers’ compensation payments. However, as a result, this means that it is typically not possible to press charges against an employer for a particular accident after receiving workers’ compensation payments for it.
A workplace amputation accident can be devastating for workers. Therefore, it is incredibly important to ensure that they get the compensation and benefits that they deserve. That way, they can work toward rehabilitation of the body and healing of the mind. The legal team at Arizona Injury Law Group is here to support your amputation case and help you acquire such benefits.
You may have just been injured and need help collecting evidence to submit your first claim. Maybe you are later on in the workers’ compensation or disabilities claims process and need help with negotiation or filing an appeal. No matter your situation, our legal team is here to provide the legal assistance and advice that your case needs. Reach out to a workplace amputation lawyer from our firm today to start discussing the details of your workplace injuries case.
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