Showing posts with label Workers' Comp Tip of the Day. Show all posts
Showing posts with label Workers' Comp Tip of the Day. Show all posts

Friday, July 8, 2016

Things to keep in mind at a work-site....

Things to keep in mind at a work-site  
to protect yourself in case of an injury.
By Erica Melendez, Attorney
Snow, Carpio & Weekley


I have had too many conversations with injured workers that go like this:

Me:               “Where were you working?”
Client:          “I had just started there, its over on Southern and 48th Street.”
Me :              “Who saw the accident”
Client:          “Uh, Gordo (nickname for fat guy), the foreman - Guero (nickname meaning light- skinned) and a tall American guy.”

….As you can imagine, this is not helpful when trying to file a claim and piece together a witness list. Many times when I first meet a client who is battling a claim denied by the employer/insurance company, and the client no longer works for the company where he was injured, I wish I could go back in time with the client to gather information at the workplace which would be useful in defending the claim. Such as:

#1 – Know the name of the company you work for!!  Sometimes when a worker is referred to a job site through a friend or family member and begin to work before actually filling out a job application, the actual name of the company who has hired the worker can become unclear.  This happens especially with smaller companies.  It is very important to know the name of the company you work for.  You can look around the worksite to find this out, does a supervisor come onsite?  If so does he or she drive a truck with the company logo?  Are you picked up by a truck that has a logo?  Are there signs with the company logo at the worksite?  Do others wear shirts with the company logo?  Where are the headquarters of the company you are working for?
#2 – Know the names and last names of your supervisors and co-workers.  Not only are these people potential witnesses to a work injury, they can also testify as to the fact that you were even working at the work site (yes, sometimes even the fact of your employment becomes an issue)  I’ll get people come in with descriptions of co-workers, where they are from, and nicknames, but not first and last names.
#3 – Keep your pay stubs, if you are paid in cash, keep a log of payments, deposit slips or receipts.  This is helpful in proving you worked for a company or establishing the amount you were paid while working for a company.

Obviously no one wants to get hurt on the job, but taking simple precautions and gathering information will help protect you should you ever sustain an injury on the job and are in the difficult situation of not working there AND trying to prove you worked there and had an injury.

If you have been injured on the job or suffer form a condition that will prevent you for working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.

Friday, May 20, 2016

Concurrent Employment







Concurrent Employment


Arizona law provides that an injured worker is entitled to receive temporary compensation benefits if his doctor notes that his injury is preventing him for working, or limiting the type of work he can do.  

An injured worker is entitled to receive 66 2/3% of his average monthly wage.  This can include wages earned from another job, if the injury prevents one from doing both jobs.  It is very important that the insurance carrier is notified that you had concurrent employment.  Once you provide documentation on wages earned from this second job the insurance carrier should take this into account when they submit their recommendation of the average monthly wage.  If the wages from the second job are not included, you should notify the industrial commission and submit your documentation to prove that there are additional wages.  

Once the Industrial Commission issues their Notice of Average Monthly Wage you only have 90 days to protest the amount listed on that notice.  If that still doesn’t include wages earned from another job, you must request a hearing on the matter so that it may go before an Administrative Law Judge.  After the 90th day, the wage has been set and will with very few exceptions, be the wage set for the remainder of the claim.


Blog WC Tip of the Day By:
Diana Robles, Attorney
Snow Carpio & Weekley
Tucson, AZ Office





If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.

Friday, May 13, 2016

Determination of Your Average Monthly Wage








Determination of Your Average Monthly Wage


Under the Workers Compensation system in Arizona you are entitled to two things while your claim is open; Medical treatment and 66 2/3% of your average monthly wage, if a doctor is keeping you off work or placing restrictions on what work you can do.  

Your average monthly wage is typically based on the 30 days prior to the date of injury.  However, in some instances this is not a fair or true assessment of what your wage should be.  For example, if you do not receive paid vacation time and had just taken a vacation within the 30 days prior to the injury, it wouldn’t be fair to use that to determine what your average monthly wage is.  Things like bonuses, overtime pay, and a side job should all be accounted for in the determination of one’s average monthly wage.  

When you get an Average Monthly Wage determination notice from the Industrial Commission of Arizona you have 90 days to protest it if you do not agree with the wage. 
You should contact Snow,Carpio & Weekley, so one of our attorneys can review this, so that your wages are determined in a way that is fair and accurate and not just left to the insurance company’s adjuster.


Blog WC Tip of the Day By:
Diana Robles, Attorney
Snow Carpio & Weekley
Tucson, AZ Office





If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.

Friday, May 6, 2016

Leaving the State While Your claim is Open








Leaving the State While Your claim is Open


As an injured worker Arizona law requires that you notify the Industrial Commission if you are planning on leaving the state for more than 14 days while your claim is open.  This can be done by filing paperwork prior to your departure.  Paperwork should include the address of where you will be staying while you are gone, and your reason for travelling or moving out of state.  

It’s always best to file something as soon as possible so that if your request to leave the state is denied, you have time to request a hearing on the matter.  If you leave the state without first obtaining permission your workers compensation benefits can be suspended.



Blog WC Tip of the Day By:
Diana Robles, Attorney
Snow Carpio & Weekley
Tucson, AZ Office





If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.

Monday, May 4, 2015

Independent Medical Examinations by Attorney Nick Wearne





Independent Medical Exams
By Nick Wearne, Attorney

In the world of workers' compensation law there are two types of medical care, active care, and supportive care.  In the months following a worker’s injury you will receive active care. 

Active care is medical treatment designed to improve your medical condition.  In some cases an injured worker will undergo active care until they are back to 100% functioning capacity.  This is what we hope happens for all of our clients.  Unfortunately, in many cases injured workers will never reach 100%.  Instead, they plateau at some point in their active care, and stop getting any better.  Some people experience this plateau at 90%, others stop improving at 50% or lower and their earning capacity is severely limited. 

The moment when you stop getting better despite medical treatment is called ‘medically stationary.’  Once you have become ‘medically stationary,’ medical care becomes supportive.  Supportive care is not intended to improve your medical condition, but to keep it stable.  Examples of supportive care include pain medicine, epidural shots, physical therapy, and more.

When an injured worker becomes ‘medically stationary and begins receiving supportive care his/her rights change and often times the worker will be entitled to less compensation then they were entitled to during active care.  Insurance companies that are paying out on your claim want you to reach ‘medically stationary” as soon as possible.  For this purpose insurance carriers will often schedule what is called an ‘Independent Medical Examination’ (IME). 

IMEs are scheduled with a physician of the insurance company’s choice.  Such physicians are normally more than willing to give an opinion that the worker has reached ‘Maximum Medical Improvement,’ thus allowing the carrier to reduce a worker’s benefits.  While perhaps hard to believe, it is the insurance companies right to schedule these appointments and you must attend them.  Failure to attend an IME could result in complete termination of your benefits.

Too often, injured workers who are still improving get their cases closed out and their medical care cut short because of mandatory IMEs.  At Snow, Carpio, and Weekley we fight unwarranted benefit reductions that result because of an IME, we fight to get our clients back in active care, and we fight to get you back on the path to full recovery.  If you feel your benefits have been, or will be, cut short due to an IME, you should call an experienced workers' compensation attorney as soon as possible.

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.



Monday, April 27, 2015

If I am on Workers’ Compensation, does that affect my SSD? By Attorney Allyson Snow





If I am on Workers’ Compensation, does that affect my SSD claim?
by Attorney Allyson Snow


Maybe. It is possible to receive Workers’ Compensation and disability benefits at the same time. Based on past earnings, you have a maximum benefit amount. This is the amount you are entitled to receive between the two benefits.  The theory is that one will not be better off financially if they are disabled than they were when they were working.

If Work Comp benefits and disability benefits exceed the monthly maximum benefit amount, the Social Security benefits will be offset.  It is important to speak to your attorney about the dynamic between your Work Comp benefits and disability benefits to ensure your benefits are maximized.

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.

Monday, April 20, 2015

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.

Wednesday, April 15, 2015

DEATH OF INJURED WORKER WHILE CLAIM IS STILL OPEN




DEATH OF INJURED WORKER WHILE CLAIM IS STILL OPEN
by Attorney Chad Snow, Partner
Snow, Carpio & Weekley

We've had several cases lately where our clients have passed away for a variety of reason, some related to their injuries and others unrelated.  The question then becomes – what happens to that claim?  Will the family get any benefits after the death of the injured worker?

Since the only compensation in a workers comp claim is for lost wages, compensation usually terminates with the death of the injured worker – the worker can’t work if he is dead so there are no lost wages.

However, if the death was caused or contributed to by the industrial injury, the survivors of the deceased worker can get ongoing compensation benefits for a percentage of what the worker would have been able to earn but for the injury.

In many cases, the relationship between the industrial injury and the death is not clear.  In these cases, a workers compensation attorney usually takes the case to court to prove medical causation – that the death was at least partially related to the injury or the work.  Surviving spouses, children, and other dependents can get a percentage of the deceased worker’s average monthly wage until age 18 for minors, and until death for surviving unmarried spouses.

You should always consult with a workers’ compensation attorney with any questions about survivors benefits.


If you or someone you know has been injured on the job or has a medical condition that prevents them from working for 12 months or longer, call Snow, Carpio & Weekley on our toll-free number at 855-325-4781 for a free consultation in person or over the phone, or visit our website at www.workinjuryaz.com.

Thursday, April 9, 2015

POSITIVE DRUG TEST IN ARIZONA WORKERS COMP CLAIM



POSITIVE DRUG TEST IN ARIZONA WORKERS COMP CLAIM

by Chad Snow, Partner


When I first started practicing 15 years ago, insurance carriers made all injured workers submit to a drug test immediately after the work accident.  A positive result usually resulted in the claim being denied.  

In 2005, a claim went up to the Supreme Court of Arizona alleging that denying claims based on drug test results was unconstitutional as it introduced an element of fault into what is supposed to be a no-fault system (meaning that a claim is compensable no matter who is at fault).  The cases that resulted, Komalestewa and Gramatico, overturned the practice of denying claims based on positive drug or alcohol tests at the time of the injury.  

Many injured workers are still afraid to file a claim for an on-the-job injury because they have used recreational drugs or consumed alcohol prior to their injury.  Although there may be issues with your employer, there are no longer issues of positive drug or alcohol tests in Arizona workers compensation claims.  However, it’s still not a good idea to get high before climbing onto a roof… just a little free legal advice!

If you or somebody you know has been injured on the job or has a medical condition that will keep them from working for 12 months or longer, call our toll-free number at 855-325-4781 to set up a free consultation over the phone or in person at one of our offices across the State of Arizona. You can also find more information about Snow, Carpio & Weekley by visiting our website at www.workinjuryaz.com.

Wednesday, April 8, 2015

Can I still get benefits if I am an undocumented worker?






Can I still get benefits if I am an undocumented worker?
by Attorney Diana Robles


Absolutely!  Immigration status of a worker is not a factor for Workers’ Compensation benefits in Arizona.  In fact, Arizona laws expressly cover undocumented workers in its workers compensation statutes.  The Arizona Workers Compensation Act defines covered employees as “every person in the service of an employer … including aliens and minors legally or illegally permitted to work for hire …” A.R.S. 23-901(6)(b).  There is no reduction of benefits for not being a legal resident.

The Arizona workers compensation system is a no fault system, which entitles the injured worker to necessary medical treatment, in addition to 66 2/3 of their average monthly wage, when they can’t work because of their injury.  It is very important to report the injury to the employer promptly when you are injured.

If you or somebody you know is injured on the job or facing a disability that will keep them out of work for 12 months or more, call Snow, Carpio & Weekley toll-free number at 855-325-4781 to schedule a free consultation in one of our office located around the state. Or, we are happy to schedule a consult over the phone if you are unable to come into an office in person. You may also visit our website at www.workinjuryaz.com.

Monday, March 9, 2015

Letter from the Industrial Commission of Arizona, dated 03/06/15 Regarding Medical Care



The following letter has been put out to the Arizona Community regarding medical care.



If you have any questions regarding medical care, an injured worker's right to choose their own doctors or any other questions related to Workers' Compensation or Social Security Disability, please call out office at 855-325-4781 or visit our website at www.workinjuryaz.com.

The attorneys and staff at Snow, Carpio & Weekley are dedicated to serving the needs of injured workers and disabled members of our community and State.

Thursday, March 5, 2015

What happens if I miss an IME set up by the insurance carrier?





What happens if I miss an IME set up by the insurance carrier?
By Diana Robles, Associate Attorney

Arizona law provides that the insurance carrier can periodically set up an independent medical examination (IME) for you, at a time and place reasonably convenient, by a doctor of its choosing, so long as they give you 14 days advance notice of the appointment. If you miss an IME appointment the carrier can suspend your medical and temporary compensation benefits. In addition, many times the carrier will ask for sanctions to be assessed against you. They often ask that you reimburse the cost of the IME or that they be allowed to take a credit against future compensation owed.  

An IME can cost several thousand dollars.  If you have missed an IME appointment and receive a Notice of Claim Status requesting reimbursement or a future credit against temporary compensation, you only have 90 days from the issuance of the Notice to protest it.  Our firm will argue that these exorbitant costs should not be assessed to the claimant. 

However, it is very important to make it to these appointments and let the carrier know if there is a good reason why you can't attend the appointment. Of course, emergencies occur and if something happens which prevents you from attending the IME you may need to show proof that there was an emergency which prevented you from being at the IME.  More importantly, is the fact that the carrier may accept the opinion of its consulting doctor and base change in your claim status, or the closure of your claim, on that doctor’s opinion.  

Remember, it is your responsibility to understand all notices. If you disagree, you must file your request for hearing with the ICA within 90 days from the date of the Notice of Claim Status or the Notice becomes final.


If you or somebody you know is injured on the job or suffering from a disabling condition, you can call 855-325-4785 for a free consultation. Consultations are free and can be done either in person or over the phone. You may also visit our website at www.workinjuryaz.com for more information about our firm.



Friday, February 27, 2015



I am on light duty, does my employer have to pay me to go to my medical appointments?
by Diana Robles, Associate Attorney

In most instances if you have returned to work on light duty, 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, 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 once a month. So if you have returned to working your regular hours and you are only missing a few hours a week for appointments, it is unlikely that you would get compensation for time missed for appointments.  You would only receive compensation if your earnings were reduced by more than 33 1/3 of your set wage.



If you or anybody you know has a work injury or disability, call Snow, Carpio & Weekley at 855-325-4781 for a free consultation. You can also visit our website at www.workinjuryaz.com.

Monday, February 23, 2015


Can I Get a Loan on my Workers’ Compensation Benefits?
By Brian Weekley, Partner 
Snow, Carpio & Weekley



The simple answer is no.

By law, workers’ compensation benefits in the State of Arizona are not subject to lien. That means that a lender, such as  national advertiser Oasis Finance, is unable to legally secure all or part  of your future workers’ compensation benefits in order to pay its loan.  Without that security, no loan can be completed. The same logic applies to liens for medical services and products. These liens are unenforceable and, therefore, I highly recommend against their use.

I been asked many times in the past few years by clients to sign such a lien. I have always refused, exactly for this reason. I cannot sign a lien that is waive-able by the debtor. 

As an aside, the terms of these loans are usually very oppressive, with sky high interest rates and penalties. 

Similarly, your attorney is prohibited by law from lending you money. 

I realize that a workers’ compensation claim creates a lot of financial pressure on claimants, since , if they are being paid correctly, they are only receiving 2/3 of their normal monthly income. The amount of benefits paid is also subject to a ceiling known as the "maximum average monthly wage." There may be other, and better, options to increase a claimant’s benefits. these options do not include loans, advances, or other onerous products. 


For more information on this topic or if you have any other questions about Workers' Compensation or Social Security Disability, please call 855-325-4781 to schedule a free consultation in person or over the phone. You may also find more information about our firm at www.workinjuryaz.com.

Monday, January 12, 2015

Can I Sue My Employer?




Can I Sue My Employer?
by Nick Wearne
Associate Attorney

In Arizona, you are generally unable to sue your employer for an injury that has occurred on the job, regardless of how it occurred.  The law in Arizona forces employers to get workers compensation insurance but, it also bars personal injury lawsuits against them, even if the company was careless or negligent.  So while you may not be able to sue your employer, the trade off is you are guaranteed workers compensation coverage for injuries that occur at work, even if they were your fault.

If injured at work you are entitled to medical coverage and a percentage of your lost wages for time off work.  While you are not allowed to sue your employer, if you are improperly denied these workers compensation benefits, you can protest the denial in front of a judge.  If you win, the company must pay you the benefits designated by the judge back to the date of injury.

If you were injured at work and you feel someone other than your employer was responsible for the injury, you may sue that person in court without a problem.  For example, if a piece of equipment malfunctions or if you drive a company car and are injured by a negligent driver, you may sue the responsible party in court.  If you receive workers compensation benefits while you are suing, the workers compensation insurance company may be entitled to reimbursement from whatever money you receive.

If you have questions you need answered, call Snow, Carpio & Weekley, PLC at 602-532-0700 for a free consultation or got our website at www.workinjuryaz.com to find out more about our firm.

Tuesday, January 6, 2015

Neck Injuries


Neck Injuries
by Chad Snow, Partner
Snow, Carpio & Weekley, PLC


Some of the most common and most debilitating injuries sustained on the job are injuries to the discs and vertebrae of the neck, also known as the cervical vertebrae.  These usually happen as a result of falls or sudden deceleration accidents.  

Treatment for neck injuries is usually done by an orthopedic spine surgeon or neurosurgeon, if surgery is needed – or a physiatrist (also known as Physical Medicine and Rehabilitation) specialist for non-surgical treatment.  Treatment of neck injuries can include physical therapy, epidural and facet injections, or surgery.  

Although many people successfully recover from a permanent neck injury, many are left with permanent restrictions, mainly on heavy lifting or prolonged periods of overhead work, which can place additional stressors on the neck.  For purposes of Arizona workers compensation claims, neck injuries, when permanent, are classified as unscheduled and can result in permanent partial disability if the injury precludes a return to regular work.  

If you have a neck injury or any other type of work injury and would like a free consultation, call the Snow, Carpio & Weekley at 855-325-4781.

Thursday, December 18, 2014

The Big Picture - A Workers' Compensation Case Flow Overview


Blog by 
Nick Wearne
Associate Attorney
Snow, Carpio & Weekley, PLC


Many of our blog posts are focused in on specific workers’ compensation issues. However, one of the first things we like to do when clients come in is walk them through the natural progression of a case so they get the big picture. A typical workers compensation case proceeds as follows.

Step 1: 
An Injury Occurs at Work The workers’ compensation system is a no fault system. That means that if you are injured you are entitled to compensation regardless of whose fault it was. However, the injury must occur while you are on the job. Work breaks, lunches, or any other activity that occurs on the job site is usually considered ‘on the job.’ Driving to and from work unfortunately is not.

Step 2: 
Forthwith Reporting Once an injury has occurred the law says you must forthwith report the injury to your employer. While the precise definition of the word forthwith is unclear, it essentially means immediately.
In professions where it is common for a worker to become sore from the days work, and injury symptoms originally presented as soreness, it is ok to wait a few days. But, when in doubt, report immediately!

Step 3: 
Active Care Once an injury has occurred you should go to the doctor and will begin to receive active care. Active care is medical treatment designed to help you get better.
If you have been injured do not wait to go to the doctor, as this may hurt your case. If your employer does not send you, schedule an appointment yourself or report at the emergency room. While going through active care your functioning capacity should begin to improve.

Step 4: 
Forms 101, 102, and 407 Within 10 days of your injury your employer should file a document referred to as Form 101 with the Arizona Industrial Commission. Likewise your doctor should file a Form 102, reporting the injury to the Industrial Commission.
 If your employer and your doctor have not filed these forms, you can report the accident yourself by filling out Form 407 and sending it to the Arizona Industrial Commission.

Step 5: 
The Insurance Carrier Accepts or Denies Your Claim Once the appropriate forms have been filed, the information gets sent to your employer’s insurance carrier. The insurance carrier then accepts or denies the claim. If a claim is wrongfully denied we can request a court hearing and will protest the decision.
At times we have clients come in telling us that their employer does not have an insurance carrier so they never filed a claim. All employers are required by law to carry workmans’ compensation insurance and their carrier is kept on file with the Arizona Industrial Commission.

Step 6:
Average Monthly Wage is Determined Once a claim has been accepted, the insurance carrier sends information to the Industrial Commission explaining what they think your average monthly wage was at the time of the accident.
Normally you’re the carrier will send in the amount you earned in the last 30 days. The Industrial Commission reads through the information sent over by the insurance carrier and they make their own determination. If for some reason you feel the average monthly wage determination is incorrect we protest the amount by scheduling a hearing and by collecting information showing the amount was incorrect.
Common reasons for protesting an average monthly wage determination is that the worker had more than one job, the worker took some vacation time in the month before they were injured, etc. It is extremely important to be sure your average monthly wage is correct because the benefits you receive will be based on this amount.

Step 7: 
Temporarily Totally Disabled (TTD) or Temporarily Partially Disabled (TPD) Remember, at this time you are in active care, care designed to help you get better. During your active medical care you are also entitled to lost wages. The amount you receive in lost wages will vary depending on if you are TTD or TPD. Temporarily Totally Disabled means the doctor has said you cannot work at all. Our clients are often TTD after they come out of a serious surgery or if they have had broken bones.
When a person is TTD they are entitled to 66.67% of their average monthly wage split up into two payments a month, no questions asked.
Temporarily Partially Disabled means the doctor has put you on light duty. Our clients may be designated as TPD when they are going through physical therapy and rehabilitation. During this time you must ask their employer if they have light work for you to do. If you have been fired, you must look for light duty jobs. If you find a job doing light duty, or if your employer gives you a job doing light duty, you are entitled to 66.67% of the difference between what you would have made without the injury and what you now make.
If you cannot find work you are entitled to 66.67% of your average monthly wage, payable once a month. You are entitled to these benefits from the date of your injury, but often times you will not receive them till you average monthly wage has been determined. Fortunately, benefits are retroactive, and the company will give you back pay for all the payments they missed.

Step 8: 
Maximum Medical Improvement At some point in your treatment you will become medically stationary. This means you will have improved as much as the doctors think you are going to improve. Hopefully this means you are a 100% better.

Unfortunately, for most clients, it means that they have plateaued at some percentage and rather than treating you to get better, the doctors merely try and keep you stable. This type of medical care is called supportive care and usually includes things like occasional physical therapy, pain medications, epidural injections, etc.
Often times the insurance carrier will schedule an independent medical examination during your active care. For this appointment they will send you to a different doctor hoping that he/she will say you have reached maximum improvement. The insurance company has the right to do this and you must attend these examinations. We will often protest maximum medical improvement designations and will schedule a court hearing to try and keep you in active care.

Step 9: 
Post Injury Benefits Once you’ve reached Medical Stability and are receiving supportive care, your benefits change. You will always be entitled to your supportive medical care. However, the lost wages you will receive from that point on depend on whether your injury is scheduled or unscheduled.
An injury is scheduled if it is listed in A.R.S. 23-1044. Scheduled injuries include injuries to a finger, a hand, an arm, a foot, a leg, ears, an eye, and facial scars. For scheduled injuries the amount of compensation has already been set by statute. However, the amounts set by statute are for total loss. A total loss injury is one where the injured body part is severed or is left completely dysfunctional. If you have not experienced a total loss but instead, a loss in function, then you will receive some percentage of the amount laid out in the statute.
Any injuries not listed in A.R.S. 23-1044 are unscheduled injuries. If you have two or more scheduled injuries, they too become unscheduled injuries. When you have a unscheduled injury your compensation will be based on your loss in earning capacity. Someone at the Industrial Commission will look at your injury restrictions as well as your education and will determine what your earning capacity is. If we do not agree with the Industrial Commission’s determination we will protest it and hire a labor market expert to testify in a court hearing about what your lost earning capacity should really be.
Once your loss in earning capacity has been determined you will receive 55% of that amount, payable monthly, for the rest of your life. If it is determined you have experienced a total loss in earning capacity, or in other words that you can make no money, then you will receive 66.67% of your average monthly wage, paid monthly, for the rest of your life.

Step 10: 
Reopening a case While receiving your post injury benefits, you will be receiving supportive care only. Some clients receive supportive care for the rest of their life and never need more than that. Other clients experience complications with their injuries and they require further active care such as a second surgery or further testing. If active care becomes necessary, we can petition the Industrial Commission to reopen the case. If we are successful in reopening the case you will repeat steps 7-9.


Attorney Nick Wearn is an Associate Attorney at Snow, Carpio & Weekley, PLC. For more information on work injuries or how our firm can assist you, please call us at 855-325-4781 toll free. We are happy to speak with you and set you up for a free consultation in any of our Arizona offices. You can also read more on our website at www.workinjuryaz.com.

Wednesday, October 22, 2014

SURVEILLANCE



SURVEILLANCE

by Alex Carpio, Partner at Snow, Carpio & Weekley, PLC


“It is illegal for the insurance company to videotape me!!” 

This is a statement my clients often tell me each time I get hired as their attorney.  This statement is false.  The insurance carriers can and will hire an investigator to videotape you.  The purpose of surveillance is for insurance carriers to catch injured workers doing physical activities outside their recommended work restrictions given by their doctor.  Once the insurance carrier has videotaped surveillance of an injured worker doing physical activity outside their work restrictions the video must be disclosed to the injured worker or their attorney if they are represented.  The insurance carrier’s attorney will also submit the surveillance video into evidence to be used at any hearings.  Once doctors review the surveillance, most likely they will change their opinions regarding work restrictions and even medical treatment.  This of course could be detrimental to your case.  Remember that the insurance company would rather spend a few hundred or thousand dollars on an investigator to save them a lot more money in the long run when it comes to paying an injured workers indemnity benefits and medical treatment.  Surveillance can be a powerful weapon for insurance carriers.  The bottom line an injured worker should know their physician’s work restrictions and never do anything above and beyond those work restrictions because when you least expect it there will be surveillance.  

Attorney X. Alex Carpio is a Partner at Snow, Carpio & Weekley, PLC. For a free consultation, please call our Phoenix office at 602-532-0700 or our Tucson office at 520-647-9000. For outlining areas, please call 855-325-4781 and speak with April to set up a telephonic consultation. For more information about Snow, Carpio & Weekley, please visit our website at www.workinjuryaz.com

Monday, September 22, 2014

Carbon Monoxide - The Injury You Cannot See








What if your Supervisor doesn't listen when you tell him/her you are sick or injured? That was exactly the case with a group of potential clients I spoke with this morning. The Supervisor couldn't see the injury so he didn't believe there was one.

The employees reported that they were all feeling dizzy, short of breath and that something "wasn't right". The Supervisor basically shrugged it off and told them to keep working because as far as he could see, they were fine.  It was one of the employees that finally called 911 after another co-worker passed out! When the ambulance and emergency personnel arrived; it was determined that all of the employees had Carbon Monoxide Poisoning from work, and as a result, they have all spent multiple days in the hospital! They are lucky to be alive.

Carbon Monoxide claims countless lives every year because people cannot detect there is a problem.
Mayoclinic.org describes Carbon Monoxide as the following:

Carbon monoxide poisoning is an illness caused by exposure to too much carbon monoxide — a colorless, odorless and tasteless gas. Too much carbon monoxide in the air you breathe can greatly diminish your ability to absorb oxygen, leading to serious tissue damage. Carbon monoxide poisoning can lead to death.Carbon monoxide is produced by appliances and other devices that generate combustion fumes, such as those that burn gas or other petroleum products, wood and other fuels. The danger occurs when too much carbon monoxide accumulates in a contained, poorly ventilated space.Although the signs of carbon monoxide poisoning can be subtle, the condition is a life-threatening medical emergency. Get immediate care for anyone who may have carbon monoxide poisoning.

So what should you look for? See the image below about symptoms of Carbon Monoxide Poisoning. 



If you feel any of these symptoms, report it to your Supervisor immediately. If the Supervisor fails to act because he/she cannot see an injury; seek medical attention on your own immediately. It could save your life and the lives of your co-workers.

Blog posted by April Snow, Business Manager for the firm of Snow, Carpio & Weekley, PLC. Information in this blog should not be viewed as legal advise. For a free consultation and to speak with an Attorney, please call 602-532-0700 or 855-325-4781. You may also visit our website at www.workinjuryaz.com.

Monday, July 14, 2014

The Dangers of Dehydration


Did you know that by the time you feel thirsty, you're probably already 2 glasses below your normal water needs? Hydration is important ALL the time but especially at this time of year for us here in Arizona. 

Take a look at the diagram below to see the affects of dehydration on our bodies.


If you think you haven't been consuming enough water lately and are concerned about dehydration. Look at the symptoms below and decipher whether you need to drink a couple more glasses of water. If you are ever in doubt, seek medical attention immediately for anybody who may be experiencing a heat-related illness.