In Arizona, individuals who are hurt at work are guaranteed certain protections. If you were injured at work while acting within the scope of your employment, you might be eligible for workers’ comp benefits. However, claimants may need to demonstrate their injuries before a committee to prove that the illness or injury resulted directly from work-related duties.
The proceedings for a workers’ compensation hearing can be lengthy and trying without help from a skilled personal injury attorney. A Gilbert workers’ compensation lawyer could help you pursue your claim and defend your best interests.
Arizona is a no-fault workers’ compensation state, which means that claimants who directly cause their injuries may still recover benefits. While this also means that injured employees cannot sue their employer directly for injuries, they can file a claim for workers’ compensation benefits assuming certain qualifying conditions are met.
To qualify for benefits, an employee must have suffered their injuries at work during permitted working hours, and they must have been following the employer’s posted rules at the time of the incident. When these prerequisites are met, a knowledgeable Gilbert workers’ comp attorney may be able to build a strong case on a claimant’s behalf.
Arizona allows employees to file a claim within one year of the original injury. In some cases, though, this one-year statutory deadline might have exceptions.
For example, if an employee suffers serious lung damage due to mold exposure at work, this individual might not see signs of the injury for months. Under Arizona law, the one-year period begins at the point of discovery of the illness, so employees may be able to file a claim when they become aware of injuries sustained at their previous workplace. A dedicated lawyer could help injured workers file a claim promptly.
Sometimes, employees may have a pre-existing condition that is aggravated by a workplace injury or illness. Per Arizona Revised Statutes § 23-901.05, claimants may still recover benefits in these cases.
The law stipulates, however, that the amount of financial relief available would be decreased by the percentage to which the pre-existing condition contributed to the claimant’s overall personal injury damages. Furthermore, a plaintiff may not recover benefits for unrelated illnesses, or for illnesses and injuries sustained offsite before the workplace injury in question.
Needless to say, pre-existing conditions can greatly complicate workers’ compensation hearings. For this reason, it is encouraged that workers with a history of medical diseases or injuries seek the assistance of a workers’ compensation lawyer in Gilbert.
After suffering injuries at work, the stress of physical recovery and loss of wages can be overwhelming, and fighting for your workers’ compensation benefits can be time-consuming. Fortunately, you have a Gilbert workers’ compensation lawyer to turn to.
A qualified attorney could help you at all stages of your claim, from initial filing to the very end of the litigation process. Call today and schedule your first consultation.