An estimated 60,000 Arizona workers get hurt on the job every year, including thousands who work in restaurants, hotels, healthcare businesses, retail stores, and other “safe” jobs. Knowing what to do if you get hurt at work matters because workplace injuries can take anyone by surprise.
Injured workers can qualify for workers’ compensation benefits, such as coverage for hospital expenses, payment for time off work, and other assistance. However, the claims process is not always straightforward. This article explains the pros and cons of hiring a workers’ comp attorney to help you with your claim.
What Are the Pros of Hiring a Workers’ Comp Attorney?
Filing a claim for workers’ comp in Arizona should be simple, but insurance companies often reject claims. Weighing the pros and cons of hiring a workers’ comp attorney can benefit you in several ways.
Makes the Workers’ Compensation Process Easier
Workers’ comp coverage is mandatory in Arizona, but employers are not responsible for filing claims for employees. You must file a claim with the Industrial Commission of Arizona to collect your workers’ compensation benefits.
Another reason to get a workers’ comp attorney is that navigating a complex claim process while also seeking medical care and trying to recover can be exhausting. An experienced Glendale, AZ workplace accident attorney can make the process easier by guiding you and helping with the necessary paperwork.
Ensures You Receive All the Compensation You Qualify For
Workers’ compensation provides coverage for your accident-related medical expenses. Depending on the type of injury you have, you may also qualify for other benefits.
Workers’ compensation in Arizona provides funds for lost wages, temporary disability benefits, permanent disability benefits, and vocational retraining. One of the pros of hiring a workers’ comp attorney is that you ensure you won’t miss out on important compensation now and in the future.
Strengthens the Evidence Needed To Support Your Case
Strong evidence that supports your case gives you a better chance of getting your workers’ compensation claim approved. A workers’ compensation attorney can help gather strong evidence for your claim, including:
- Medical records and prescription receipts
- Testimony from attending doctors
- Interviews with witnesses to the accident
- Relevant work communications
- Security videos and photographs of injuries
Arizona law requires you to visit a doctor of your employer’s choosing after an injury, but the physician may not be thorough. Your workers’ comp attorney may recommend a second opinion by a respected physician who will perform a more comprehensive evaluation.
Protects You From Bad Faith Insurance Tactics
Some insurers deliberately miscalculate the average monthly wage to avoid paying you the amount mandated by law. Others try to pressure you into accepting a bogus “take it or leave it” offer that is far below what you need. Your workers’ comp attorney will be able to spot these tactics and effectively communicate with the insurance company to ensure you get the compensation the law demands.
Safeguards Your Future
Focusing too much on the present when negotiating a settlement is a common mistake injured Arizona workers make. Avoiding this pitfall is one of the most important pros of hiring a workers’ comp attorney. Workplace injuries can affect your quality of life and ability to provide for your family far into the future, making it an important reason to get a workers’ comp attorney.
A workers’ compensation attorney will analyze your case and account for your present and future needs when determining a fair settlement. Your lawyer will negotiate with the insurance company on your behalf and protect your financial, physical, and professional well-being.
Provides You With Representation at Your Hearing
If your employer or insurer rejects your workers’ comp claim, you may need to request an ICA hearing with an administrative law judge. This legal process involves meeting with the judge, performing the discovery process, hearing your testimony, calling witnesses, and preparing for cross-examination. Hiring a workers’ comp attorney ensures you don’t need to go through this process alone.
Ensures Employers Follow the Law
Arizona law requires all employers to have sufficient workers’ compensation insurance. It doesn’t matter if the workers are employed part-time or full-time. The business owner even has to provide coverage for minors and family members.
Despite this, some employers may try to convince employees that they don’t qualify for workers’ compensation because they don’t make enough money or work enough hours. A workers’ compensation attorney will protect your rights and take steps to preserve evidence that may be in your employer’s possession.
Ensures You Know Your Rights
According to Arizona state law, workers’ compensation operates on a no-fault system. You don’t have to prove that your employer was responsible for the accident, and you don’t need to demonstrate your innocence either.
If your employer blames you for your accident, claims you injured yourself on purpose, threatens or discriminates against you, or retaliates against you for your claim, an Arizona workers’ compensation attorney can protect your rights. Getting the respect you deserve from employers and insurers is another pro of hiring a workers’ comp attorney.
Helps With Third-Party Claims
Because workers’ compensation is a no-fault system, you usually can’t sue your employer. However, in some cases, you may have a claim against a third party, such as a negligent motor vehicle driver or the manufacturer of defective equipment or hazardous materials.
A workers’ comp attorney can help pursue a personal injury claim against a negligent third party while also helping you with your workers’ compensation case. Cases that involve third parties are often complex and attempting to resolve them without an experienced attorney can be difficult.
What Are the Cons of Hiring a Workers’ Comp Attorney?
There are many reasons to get a workers’ comp lawyer, but there are also a few drawbacks.
Benefits Are Not Guaranteed
While working with an experienced attorney increases your chance of success, it doesn’t guarantee it. Even with an experienced lawyer on your side, you may not get the settlement you want. Every claim is unique and the specific facts of your case play a large role in the outcome.
May Not Be Beneficial for Minor Injuries
If you have a minor injury, such as a small cut, scrape, or bruise, and your employer isn’t fighting your claim, hiring a workers’ comp attorney may not benefit you. However, the Sargon Law Group provides free consultations, so there is no risk in talking to an attorney if you are unsure when to get a lawyer for a work injury.
Your Attorney Can’t Handle Everything for You
Working with an attorney removes a lot of the burden of dealing with a workers’ compensation claim from you. However, your attorney will still need you to get regular medical treatment, provide updates, and be involved in your claim.
Hiring an Attorney May Escalate Problems With Your Employer
Arizona law does not allow employers to retaliate against employees for filing a workers’ compensation claim. However, some employers may view hiring an attorney as a money grab.
This con of hiring a workers’ comp attorney may permanently alter your relationship with your employer. However, your employer should understand your desire to protect your rights and financial future.
Where Can You Hire a Workers’ Comp Attorney in Arizona?
If you have weighed the pros and cons of hiring a workers’ comp attorney and you are ready to move forward, contact the Sargon Law Group. Our team of skilled workers’ comp attorneys understands the workers’ compensation system in Arizona. We have the resources you need to get the compensation you deserve through a personal injury lawsuit or workers’ compensation settlement. Contact us today to schedule a free consultation.