Phoenix, Arizona, Compensation and Medical Benefits Attorney
An injury is covered under workers' compensation if it is job-related. If the injury or illness is job-related, the injured worker receives payment of medical expenses and temporary compensation for lost earnings. In some cases, he may also receive permanent compensation and vocational rehabilitation (job-retraining). At the Law Office of Stephen L. Weiss we represent the interests of injured workers against insurance carriers, which often seek to minimize payment of claims benefits. We will advocate on your behalf; our goal is to get you the treatment you need and maximize compensation benefits for you.
Average Monthly Wage
Compensation is based on a percentage of the worker's "average monthly wage" at the time of the injury. The Industrial Commission sets the average monthly wage. By law, there is a ceiling of $3600 per month.
Temporary and Permanent Compensation
An injured worker's claim generally progresses through a two- or three-stage cycle, in which benefits vary according to the stage:
Total Temporary Compensation Stage
In the "total temporary" stage, where his physician has advised the worker that he cannot work, he is entitled to payment of his injury-related medical expenses, and to compensation of 2/3 of his average monthly wage. Compensation is paid every fourteen days.
Partial Temporary Compensation Stage
During the "partial temporary" stage, where the injured worker has been released by a physician to light or limited work activity, while continuing to require medical treatment, he remains entitled to payment of his injury-related medical expenses and to compensation of 2/3 of the active difference between his average monthly wage and his earnings, if any. Unemployment benefits are considered earnings. Compensation is paid monthly; however, the injured worker must show that he has made a reasonable effort to find suitable work to continue receiving temporary compensation.
Permanent Compensation Stage
The final stage begins when the injured worker's condition becomes "stationary" - assuming he has sustained a permanent injury. His condition is considered "stationary" when further treatment will not improve his condition. If he has a permanent injury, in the opinion of a physician, the physician will decide if "supportive medical care" is advised to treat the injured worker's symptoms. The insurance carrier does not pay temporary compensation beyond the stationary date, although the carrier will pay for "supportive medical care," if indicated.
If the worker has a permanent injury, compensation for permanent disability may be paid, based upon one of two types of permanent disability, "scheduled" or "unscheduled:"
- "Scheduled" disabilities include permanent injuries to the fingers, toes, hands, feet, arms and legs; loss of hearing, loss of sight and facial disfigurement. These disabilities are paid according to a formula which lists various parts of the body and fixes the amount of compensation paid for a total or partial loss of that part. Scheduled permanent compensation is paid for no more than five years.
- "Unscheduled" disabilities are paid on the basis of 55% of the difference between the average monthly wage and the amount the Industrial Commission decides the injured worker is able to earn, considering the effect of the injury. Unscheduled injuries are injuries other than scheduled injuries. Examples are injuries to the head, neck, back, hip and shoulder. Some diseases — heart, lung and psychiatric — are also unscheduled disabilities. Unscheduled permanent compensation often is paid for the employee's lifetime.
Vocational rehabilitation (job re-training) is sometimes provided in unscheduled injury cases if the worker cannot perform his previous job. Permanent workers' compensation is generally paid monthly.
Medical Benefits
All medical bills must be paid in full by the insurance company so long as treatment is reasonable, necessary, and related to the work injury.
Contact us so we can learn more about your case to determine if you require legal assistance and to see if we can help you.
Law Office of Stephen L. Weiss
1001 N. Central Avenue
Suite 701
Phoenix, AZ 85004
Toll Free: (877) 380-5528
Phone: (602) 257-0200
Fax: (602) 257-1555