The Workers’ Compensation System is a no-fault system which is designed to provide limited benefits to injured workers regardless of who is at fault for the accident. Generally in a workers’ compensation case you cannot sue your employer for any negligence which may have caused or contributed to your injury.
What should you do in the event that you are injured at work
-Immediately report your injury to your employer.
-Seek medical attention. (please note your employer may request that you seek medical attention at a specific medical facility)
-You are responsible to file your claim, not the employer. You can either file a Worker’s Report of Injury with the Industrial Commission or fill out a Worker’s and Physician’s Initial Report in your doctor’s office.
what they pay
Workers’ Compensation will pay for the medical bills, prescriptions, and medical equipment that are related to your work injury. It will also pay you two thirds of your average monthly wage when a doctor takes you off work for the injury.
When an insurance carrier changes the status of your claim, it will issue a Notice of Claim Status. If you disagree with the Notice of Claim Status you have ninety (90) days to file a request for hearing. If you do not file the request for hearing within the ninety days, the notice will become final.
The Industrial Commission will then set a hearing. We recommend you retain an attorney who can protect your interest. If you choose to represent yourself you will be required to know the rules, statutes and case law that apply to your claim. Therefore, we urge you to speak with an attorney as soon as you receive a Notice of Claim Status.
Usually our fees are 25% of whatever money compensation you would be entitled to.
In an industrial claim, you generally have a choice whether you want to go to court to get your medical care and disability benefits or settle the claim for a sum of money. Every claim is different. You do not have to go to court if you settle your claim. Please talk to us and we can advise you of your options.
Contact us today
Call our office today to schedule your free consultation (520)881-8300 or fill out consultation form and a member of our staff will contact you.