Workers in Phoenix expect to carry out their occupational duties in a space that is safe and supportive. To ensure each worker’s safety, protocols are followed, and training and education courses are attended. However, despite caution and preparations, traumatic workplace accidents can occur that can lead to serious neck and head injuries. If you have experienced similar workplace injuries, a Phoenix head & neck work injury lawyer from Arizona Injury Law Group can help champion your case.
The causes of workplace head and neck injuries can vary, depending on factors such as present occupational hazards, employer vigilance, and the operational protocols in place. However, some general common causes of head and neck injuries include the following:
Head and neck injuries are some of the more severe and concerning workplace injuries in Phoenix, AZ, as they can involve the brain and nervous system. Therefore, it is critical for employers to maintain a safe environment and minimize the risk of common accidents that could lead to such injuries.
Head and neck injuries that occur in Arizona workplaces can range in severity and area of harm. Such injuries may have differences, depending on the industry and the cause, and some examples include the following:
To avoid such head and neck injuries, it’s important that both workers and employers carry out their duties responsibly, receive proper training, and follow relevant protocols. If Arizona employers fail to keep a safe working environment, they can face civil consequences for neglecting their responsibilities.
In Arizona, it is against the law for employers not to have insurance that protects their workers in the case of workplace injury. This holds true regardless of whether the employer has thousands of employees or just one. There are some instances in which this law may not apply, such as for independent contractors or help in the home.
By having insurance, employers can ensure that their employees will receive workers’ compensation benefits if they sustain a severe injury that puts them out of work, such as a head & neck injury. If an employer is found to be uninsured, they can be charged with a Class 6 felony under A.R.S. § 23-932.
If you file a head and neck injury workers’ compensation claim in Arizona, and it is disputed by your employer’s insurance company, then you can request a hearing with the claims division of the Industrial Commission of Arizona, or ICA. The ICA claims division will tell you the date of the hearing, and the responsible party for presiding over the case will be the Administrative Law Judge, or ALJ, division of the ICA.
During the hearing, you will be presented with the opportunity to present pertinent evidence and supporting documents showing that either your employer, their insurance company, or their lawyer does not have any valid reason to dispute your claim. The party who has rejected your claim will also have the chance to present their reasons for doing so.
You can expect the hearing to consist of different sessions. Session one typically takes place a month and a half after the ALJ division of the ICA receives your request to dispute the decision about your claim. While it is possible to represent yourself during such a hearing, this requires a deep understanding of workers’ compensation laws in Arizona and the hearing procedures.
Therefore, it is advisable to hire a workers’ compensation lawyer, especially one who has familiarity with head & neck injuries. They can argue that your head and neck injuries are severe and are keeping you out of work, using proper evidence and documentation to back their claims.
After you have completed the series of hearings regarding the disputes against your head and neck injury claims, you can expect a waiting period of one to two months until you get a Decision Upon Hearing. If you are not satisfied with the conclusions, then you can appeal within 30 days by filing a Petition for Special Action with the Arizona Court of Appeals. Such an appeal is the last chance to secure workers’ compensation benefits for that particular case.
Typically, after most Arizona workers experience an accident at work that leads to a head and neck injury, they are instructed by their employer to go to an industrial clinic to be evaluated and possibly treated. Such clinics may release employees too early and send them back to work, even if they are in need of further treatment. While workers are required under Arizona law to go to an initial consultation with these clinics, they can choose the doctor they prefer after this session.
In Arizona, the amount of money that you can get from a workplace cervical spine injury settlement depends on multiple factors, such as the severity of your injury and whether your employer was particularly reckless or neglectful, leading to your injury. However, the average cervical spine injury settlement in Arizona is typically between $100,000 and $200,000.
The amount of work that you should take off after experiencing a workplace injury that impacts your head will depend on the type of work that you do and the severity of your injuries. It is important to note that you should never push yourself to work if you are not well. It’s important to work with an experienced workplace head and neck injury lawyer to fight for financial compensation and time off from the job. That way, you can heal and recover.
If you are a citizen of Phoenix who has suffered a head and neck injury at work, then you are likely entitled to workers’ compensation. Such compensation can help cover your expenses, such as your medical bills and lost wages. At Arizona Injury Law Group, our workplace injury firm has years of experience helping those with traumatic injuries restore justice to their case by getting the benefits that they are entitled to. Contact a workplace head & neck injury attorney at our firm today to get started.
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