Laws regarding Workers Compensation claims vary from state to state. It is important to be aware of the established rules and guidelines specific to one’s location so that mistakes are not made, which could lead to the dismissal of a claim. Workers Compensation cases can usually be resolved through settlement or through the judicial process. After submitting workers compensation claims and achieving Notice of Claims Status, the Industrial Commission of Arizona will follow up with notification regarding:
- If the claim was accepted or denied
- The benefits that will be provided
- The average monthly wage to be awarded
- When termination will take place
- Permanent status decision
- The type of disability to be received
- The percentage of impairment (rated on a scale of 0%-100% and is used to create a distinction between disability and impairment).
An employee dissatisfied with the compensation they have received for an on the job injury must file a request for a hearing within 90 days. Workers will also want to consult any information provided by the ICA to ensure that the hearing request is properly filed. If a worker’s compensation is denied in Arizona, a request for a hearing should be filed with the ICA. Once processed, a hearing will be scheduled to dispute the claim before an Administrative Law Judge (ALJ). An ALJ is an employee of the Industrial Commission of Arizona that will be assigned to the handling and resolution of a worker’s compensation claim that falls into dispute. First Hearings are conducted at the employee’s request to dispute disability benefit payments and/or medical treatment. In many cases, only preliminary compensation is awarded during First Hearings and the case is then placed on the court’s docket. Several subsequent hearings may be scheduled following the first hearing as requested.
Claimants must answer to all interrogatories and attend each deposition, hearing, and medical appointment or risk having their hearing requests dismissed. Therapeutic institutions like Advanced Back & Neck Care possess extensive knowledge and experience related to Worker Compensation injuries and claims. They will help in providing claimants with all of the documents necessary to achieve maximum compensation. Awards should be received within 30 days. Claimants who are unsatisfied with the outcome of their hearing may apply to the Court of Appeals of Arizona, and if Appeals fail, to the Supreme Court of Arizona.
Worker’s Compensation in Arizona is part of a “no-fault” system of medical and compensation benefits that does not depend on any determination of negligence, meaning that if a worker injures themselves by mishandling a piece of equipment, he or she will not be denied compensation.
Taking care to adhere to all of the designated guidelines will help to ensure that your claim is processed and that compensation is received. For successful applications, make sure to:
• Report an injury claim to the employer
• File a worker’s compensation claim with the Industrial Commission of Arizona (directly or through a hospital/treatment center.
• Request a hearing through the Industrial Commission of Arizona if the claim is denied
• Obtain legal representation
• Answer all interrogatories, and attend all depositions, hearings, and medical appointments
Advance Back & Neck Care specializes in Workers Compensation claims. They provide expert care and treatment for individuals recently injured, recovering from surgery, or in need of medical massage. Same day appointments are available if necessary so as to assist in the prompt filing of a claim. Chiropractic services are also available to treat pain related to injuries. Contact Advanced Back & Neck Care at 480-245-5733 or fill out their online contact form.