Do I Need An Accident Attorney Arizona Or An Arizona Workmans Comp (workers Comp) Attorney?
When you suffer an injury at your place of work or related to your job
, you may experience significant financial losses as well as pain and suffering and emotional distress. It is natural to want to obtain compensation for these things, and, to do so, you may wish to speak with an accident attorney Arizona. For work accidents, however, you will normally want to find an attorney who specializes in Arizona workmans (workers) comp rather than just a general personal injury attorney.
Why You Need an Arizona Workmans (Workers) Comp Attorney
An accident attorney Arizona can help you with a number of different types of tort cases, from car accident cases to slip and falls. However, all of these cases are tort claims and are handed in civil court or through out of court settlements based on tort law damages. Tort is the body of law usually used when one private citizen makes a claim against or sues another for negligent or intentional wrongdoings.
In Arizona, however, tort laws do not govern most work injury cases. Instead, the Arizona legislature has passed a law establishing workers compensation as the exclusive remedy system for injured workers who suffer on-the-job harm. Since the workers compensation system is an exclusive remedy system, you may not sue your employer for a work-related accident or injury (except those caused as a result of an intentional act) and you'll instead have to recover using the system set forth in the workers compensation legislation.
How AZ Workmans Compensation Works
AZ workmans comp (workers comp) involves promptly notifying your employer of the injury, filing a claim with the Industrial Commission of Arizona and seeking payment for medical bills and, if appropriate, compensation for disability payments if you are unable to work for a period of time or if you have reduced earnings as compared to your average monthly wage (which is called temporary disability compensation). The workers compensation system covers a broad range of injuries- anything from acute injuries caused by an accident to repetitive stress injuries caused by years of performing work. The basic requirement for obtaining compensation through this system is that the injury or illness be causally related to your job. You do not even have to have been in your normal workplace and your employer need not have been negligent. There are special rules that apply to certain types of medical conditions, such as hernias, heart and mental conditions, and occupational illnesses. There are also different types of permanent injuries, depending upon the part of the body which has been injured and whether there was a prior permanent impairment.
While the workers comp system provides broad coverage, not all employers or insurers actually pay what they are supposed to or when they are supposed to. Having an Arizona workmans (workers) comp attorney who specializes in workers compensation law is very important in these cases since any disputes are handled by the Industrial Commission of Arizona, rather than being addressed in a court system.
While most accident attorney Arizona professionals are used to negotiating insurance settlements or trying cases in court, an attorney who specializes in Arizona workers compensation will have experience with the specifics of dealing with the Arizona administrative agency and the thousands of cases that have interpreted the workers compensation act.
Having a lawyer who isn't just an accident attorney Arizona, but who is an Arizona workmans (workers) comp expert will give you the best possible chance of successfully recovering the benefits you are afforded under the law. Those benefits exist to protect workers and you owe it to yourself to have an expert attorney to help you get your claim approved.
by: Alan Schiffman
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Do I Need An Accident Attorney Arizona Or An Arizona Workmans Comp (workers Comp) Attorney? Anaheim