Temporary Compensation by Attorney Diana Robles

Temporary Compensation

by Attorney Diana Robles

Snow, Carpio

When you are injured on the job in Arizona, you may be entitled to receive temporary compensation benefits if your doctor indicates you can not work, or can work only in a limited capacity with certain restrictions.  The carrier will review each case to determine if temporary benefits are due.  Arizona law provides that you should be getting 66 2/3% of your average monthly wage.  Average monthly wage can include overtime and/or concurrent employment that you had at the time of your injury.

If your doctor indicates you can not work at all, you should be getting paid every 14 days.  This is called temporary total disability or TTD.  The doctor must address your work status at every visit, as the insurance carrier will want to know whether you are to remain off work.  In most cases, there is no time limit for the TTD benefits you can collect.  There are a few exceptions to this, for example in hernia injuries.

Once a doctor has released you to return to work with restrictions, Arizona law only requires them to pay 66 2/3% of the difference between the wages you are now able to earn and your established average monthly wage.  This compensation is paid every 30 days. This is called temporary partial disability or TPD.  

When your doctor releases you to work with restrictions, you should contact your employer to see if they accommodate those restrictions.  The best thing to do is to put your request to return to work with restrictions in writing.  If your employer can’t accommodate your restrictions, then it is your responsibility to make a good faith effort to find work within your restrictions.  You must apply for a job at other places even if you are still employed with your date of injury employer.  If you get a job you will receive the difference between the wage you earn and the 66 2/3% of the established monthly wage.  If you don’t get a job you would continue to collect the entire 66 2/3% of your average monthly wage from the carrier.

In most instances if you have returned to work your regular hours with restrictions, you will not receive payment from the employer for attending doctor or therapy appointments.  The carrier will review each case to determine if temporary benefits are due, however you would only receive compensation if your earnings were reduced by more than 33 1/3 of your set wage.  

If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.