Time Frames in Arizona Workers Comp Cases

Shortly after 9/11, I read a book by New York mayor Rudolph Guliani about his leadership style.  One of the most important things I learned from the book was the concept of “under-promise and over-deliver”.  I have tried, to some varying degrees of success, to incorporate that into how we practice at Snow, Carpio, & Weekley.  To that end, I want to write a brief post about time frames in Arizona Workers Compensation Claims. 

I often tell my clients that the word “days” does not exist in the vocabulary of most claim reps, judges, and Industrial Commission employees who are working on their claims.  As workers comp attorneys, we measure time in weeks and months!  For example, while the statute says that a carrier has 21 days to accept or deny a claim, the reality is that an injured worker will wait 4-8 WEEKS to see any compensation for time lost.  In the event of a dispute, a hearing is usually scheduled to take place 3 MONTHS after it is requested.  While the statute says that a decision should be rendered within 30 days of the final hearing, my experience is that a decision can usually be expected 2-3 MONTHS later.  In short, the best advice I can sometimes give my clients is “hurry up and wait”…

For a free Legal Consultation about your Workers' Compensation claim, Chad Snow, Partner at Snow, Carpio & Weekley can be reached at 602-532-0700. You can also visit our website at: http://workinjuryaz.com/arizona-workers-compensation-lawyers/

Carbon Monoxide - The Injury You Cannot See

What if your Supervisor doesn't listen when you tell him/her you are sick or injured? That was exactly the case with a group of potential clients I spoke with this morning. The Supervisor couldn't see the injury so he didn't believe there was one.

The employees reported that they were all feeling dizzy, short of breath and that something "wasn't right". The Supervisor basically shrugged it off and told them to keep working because as far as he could see, they were fine.  It was one of the employees that finally called 911 after another co-worker passed out! When the ambulance and emergency personnel arrived; it was determined that all of the employees had Carbon Monoxide Poisoning from work, and as a result, they have all spent multiple days in the hospital! They are lucky to be alive.

Carbon Monoxide claims countless lives every year because people cannot detect there is a problem.

Mayoclinic.org describes Carbon Monoxide as the following:

Carbon monoxide poisoning is an illness caused by exposure to too much carbon monoxide — a colorless, odorless and tasteless gas. Too much carbon monoxide in the air you breathe can greatly diminish your ability to absorb oxygen, leading to serious tissue damage. Carbon monoxide poisoning can lead to death.Carbon monoxide is produced by appliances and other devices that generate combustion fumes, such as those that burn gas or other petroleum products, wood and other fuels. The danger occurs when too much carbon monoxide accumulates in a contained, poorly ventilated space.Although the signs of carbon monoxide poisoning can be subtle, the condition is a life-threatening medical emergency. Get immediate care for anyone who may have carbon monoxide poisoning.

So what should you look for? See the image below about symptoms of Carbon Monoxide Poisoning. 

If you feel any of these symptoms, report it to your Supervisor immediately. If the Supervisor fails to act because he/she cannot see an injury; seek medical attention on your own immediately. It could save your life and the lives of your co-workers.

Blog posted by April Snow, Business Manager for the firm of Snow, Carpio & Weekley, PLC. Information in this blog should not be viewed as legal advise. For a free consultation and to speak with an Attorney, please call 602-532-0700 or 855-325-4781. You may also visit our website at www.workinjuryaz.com.

What is the #1 thing you should do when you are injured?

REPORT YOUR CLAIM!!

I cannot tell you how many calls we get on a daily basis from potential new clients who say that they did not report their claim. Sometimes they didn't report it for several days and sometimes they even go a couple weeks before saying anything to their supervisor. You jeopardize your chances of being covered under Workers' Compensation by not reporting your injury.

The reasons vary. Sometimes it's because they didn't want to get in trouble, sometimes it was because they didn't know who to report it to and sometimes because it happened outside normal business hours when the office staff was not available. But the number one reason why people say they didn't report their claim was because they didn't think it was a big deal and they believed that whatever they were feeling would go away in a couple days with some ice or rest.

No matter how small you believe something is, you should always report it immediately to your supervisor. Even if they do not fill out an injury report, you have told somebody in charge what is going on. If that pain in your back that you think is from lifting something wrong doesn't go away in a few days and it turns out to be a herniated disk; you reported it. If that knee that felt stiff from going up and down the ladder to many times today turns out to need therapy or possibly surgery; you reported it.

An injury isn't always a slip and fall, a laceration or something that is immediately apparent and requires emergency medical attention. An injury can be from repetitive motion, lifting incorrectly, bending over wrong or stepping out of a vehicle to quickly.

So whatever you feel, report your claim.

Blog posted by April Snow, Business Manager for the firm at Snow, Carpio & Weekley, PLC. 

For a free consultation, please call 602-532-0700 or 1-855-325-4781. Visit us on the web at www.workinjuryaz.com

How to Describe Your Work Injury

To help your medical providers to properly document the history of your work injury, you should provide them with a one sentence history they can write down, such as: “On February 2, 2010, I hurt my neck, left shoulder, and right knee when I fell down a flight of stairs at work.” Keep it as concise, consistent, accurate, and as simple as possible.

Being injured and in pain can be a stressful time in your life. Oftentimes during this confusing period after the accident, your pain complaints and treatment may be focused to one area of the body, but with other injured areas possibly mentioned and not treated. All injuries may not have been discussed or, at least, noted at the emergency room visit or subsequent doctor visits due to embarrassment, a stoic demeanor, a desire to protect the employer, or a focus on the primary injury.

If all injuries that you believe relate to your work injury were not listed on the initial medical notes, make an appointment with that doctor or another doctor to have him or her examine the other parts of your body. Also, you should tell your employer what you believe to be the initial injuries and what you believe to be part of the entire claim. Inability to have a paper trail documenting all of your injuries could impact what injuries are covered, both for wage loss and medical purposes, with catastrophic unforeseen results.

For more information regarding this topic or general questions regarding a Workers' Compensation Claim, you may reach Chad Snow and the firm of Snow and Carpio and Weekley, PLC at 602-532-0700 or 520-647-9000.

In the absence of Attorney Chad Snow, blog posted today by: April Lang-Snow, Business Manager @ Snow and Carpio, PLC.

CAN YOU FILE FOR WORKMANS COMP AND SOCIAL SECURITY BENEFITS AT THE SAME TIME?

Yes, you can file a claim for Workman's comp and social security disability benefits simultaneously. The two benefit systems are completely separate and distinct (ssd is a standardized federal program while workers compensation laws may differ state to state).

However, an individual seeking both types of benefits may gain advantage from the input of a workers compensation attorney since "timing issues" (as regards an ssd claim) can, in some cases, affect a workman's comp claim.

Snow, Carpio, and Weekley can handle both your Workers' Compensation and Social Security Disability claims. For a FREE consultation, pleae contact our offices at either 602-532-0700 Phoenix or 520-647-9000 Tucson.

 

 

In the absence of Chad Snow, blog posted by: April Lang, Business Manager @ Snow and Carpio, PLC

Hernia Injury On the Job In Arizona

Very few Arizona workers compensation attorneys will take hernia cases.  The reasons are that they are one of the only types of traumatic injuries with special rules in the statutes limiting how much compensation can be recovered by the injured worker. 

There are two types of hernias classified in the Arizona Workers Compensation Act:  (1) real traumatic hernias; and (2) all other hernias.  Real traumatic hernias are defined as "an injury to the abdominal wall of sufficient severity to puncture or tear the wall such that the abdominal viscera protrudes.  Obviously, all other hernias, are those that don't fall into the first category.  Generally speaking, to prove a traumatic hernia, the injured worker needs to prove that the hernia was sustained in the course and scope of employment, that the descent of the hernia occurred immediately following the cause, and was followed by severe pain and immediately reported to another person. 

In cases of nontraumatic hernias, compensation is limited to two months.  If a worker can prove that a real traumatic hernia has resulted, then temporary and permanent compensation can be paid if the worker can prove that a loss of earning capacity has resulted from the hernia. 

More specific information can be found at A.R.S. § 23-1043. 

Snow and Carpio also has a packet of information for hernia cases.  If you would like a free packet, please call our office at (602) 532-0700 or in Tucson at (520) 647-9000 or visit our website at Snow, Carpio, and Weekley.

Recent Decision On Election of Remedies at Court of Appeals

A recent Court of Appeals decision on a workers compensation claim brings to mind an issue that I've never discussed here on the blog - the Election of Remedies Doctrine.  In this case, the worker was injured working for an employer who did not carry workers compensation insurance.  In such cases, the worker can elect his or her remedy between pursuing a tort (personal injury) claim against the Employer versus pursuing a Workers Compensation claim through the Industrial Commission's Special Fund No Insurance Section.  (In cases where the Employer IS insured, the only remedy is a work comp claim). 

In this case, the injured worker first filed a personal injury claim against the employer in Superior Court, but later decided to file the workers comp claim at the ICA.  The Special Fund No Insurance Section (NIS) accepted the claim and began paying benefits.  They later found out about the P.I. claim and tried to claim that the injured worker had elected his remedy.  However, the Court found that since their acceptance of the claim had gone final, their election of remedies defense was untimely and thus was waived. 

The important part to remember is that workers who are injured working for employers who fail to carry workers compensation insurance, the Employer's typical immunity against tort suits is waived and the employee can file a personal injury suit against the employer if their negligence caused the injury.  Many times, these cases are worth more because of additional damages such as pain and suffering that can be paid. 

Chad T. Snow is a workers compensation attorney with offices in Phoenix and Tucson.  He can be reached through his website at Snow, Carpio, and Weekley and is always available to answer questions on work comp cases. 

Are You Confused About Filing a Workers' Compensation Claim in Arizona?

You should never be reluctant to report an injury that you suffered while on the job. In fact, Arizona's Workers' Compensation Law requires that workers who sustain an on-the-job injury "forthwith report" their injury to their employer. "Forthwith" means that as soon as you realize you have an injury that may be related to your work, you must report it to a supervisor or manager immediately.

Arizona's "no fault" system means that it does not matter how or why you were seriously injured. No one can be blamed for your accident. Even if you placed yourself in harm's way during a work day and were hurt because of it, this aspect of your case is irrelevant under state law.

Still, you should report your work injury to your employer as soon as possible. Failure to "forthwith report" an on-the-job injury can result in the insurance company denying liability for your injuries.

Inform Your Employer of Your Serious Injury — Then Inform Snow, Carpio, and Weekley.

Another reason it is important to report your injury and file an Arizona workers' compensation claim as soon as possible: It generally takes about 30 days to receive an initial determination of the insurance carrier's acceptance or denial of a claim. Your claim may be filed directly with the Industrial Commission of Arizona, or your attending physician or hospital will do so. They are required to report any industrial accidents to our state's Industrial Commission.Once your serious injury has been reported, we can start the hard work of investigating the details of your accident and strive for the results you need.

Work Related "Stress" Injuries In Arizona Work Comp

We get a lot of calls from potential clients who want to file a workers comp claim because they have a lot of stress at work or their boss is just a jerk and they can't handle it anymore. The short answer is, "get over it. We're all stressed!" The long, more legal and politically correct answer is, in order to be compensable, a mental injury must be precipitated by an event that is "unexpected, unusual, or extraordinary stress."

The proof required for mental injuries is more stringent than that required for physical injuries because of the difficulty in proving a causal connection between mental illness and work-related stress. As the Arizona workers Comp Handbook so eloquently states, "in today's society, emotional stress has multiple causes. Some are work-related, others are not.

There are two types of emotional stress cases: in the first, the mental injury is caused by a single incident. In the second, the injury producing event is gradual in nature. The former are usually easier to prove compensable. Examples would be where an employee sees a co-worker get shot or die or where the employee hits and kills a pedestrian while on the job. The latter (gradual) are less likely to be accepted because of the difficulty in proving a causal connection.

Summary: if you're stressed because your boss is a jerk, you're overworked, your hours got cut, or your co-worker makes annoying nose sounds, man up and get over it.
If you have a truly stressful event at work, call Snow, Carpio, and Weekley at (602) 532-0700 or (520) 647-9000.

Injuries that Occur Outside the State of Arizona

Occasionally we'll have a client who lives in Arizona who is injured while working outside the state of Arizona.  These injured workers are still entitled to benefits under Arizona law in several circumstances.  First, if they were hired within the state, they are covered under Arizona law (A.R.S. 23-904(A)).  Employees injured outside the state are also entitled to compensation if they are "regularly employed" within the state.  "Regularly employed" depends on consideration of such factors as where the employee spends most of his or her work time, where the paychecks are issued, and where the job assigments originate. 

These types of injuries are frequent with over the road truck drivers, road construction crews, and other types of workers whose jobs may take them from time to time to other states.  For more detailed information, you should contact an attorney at Snow, Carpio, and Weekley.

Repetitive Stress Injuries - Carpal Tunnell Syndrome

Some people think that because they didn't have a specific accident at work, that they cannot file a workers comp claim in Arizona.  Untrue!  Many injuries are the result of repetitive stress or cumulative trauma - the gradual effects of performing the same activity repetitively over a long period of time.  These cases are actually quite easy to win if you have a doctor who can causally relate your diagnosis to the work activity in which you were engaged. 

For example, I recently won a case for a woman who worked at a used clothing recycling warehouse whose job was to sort used clothing.  She performed this work for over 7 years and eventually developed pain in her dominant shoulder.  Her doctor told her that doing her work activities over that period of time had contributed to the shoulder injury (note that it doesn't have to have 100% caused the injury, as long as it is a contributing factor) and that she needed surgery.  Other common examples are grocery store stockers who do a lot of overhead lifting on a repetitive basis and develop rotator cuff tears. 

One misconception is that carpal tunnell syndrome is always caused by repetitive activity such as typing or using a mouse.  Most hand surgeons will now say that CTS is more commonly caused by non-industrial factors such as age, weight, and genetics, as opposed to anything related to repetitive trauma.  The main exceptions are jobs that require prolonged use of vibrating tools, such as a jackhammer or power tools, which CAN contribute to carpal tunnell syndrome. 

If you have a repetitive stress injury that you think might be related to work, call our office at (602) 532-0700 in Phoenix, or (520) 647-9000 in Tucson, or visit our website at Snow, Carpio, and Weekley for more information. 

Snow, Carpio, and Weekley are Arizona attorneys who have represented thousands of injured workers before the Industrial Commission of Arizona. 

How to File a Work Injury Claim in Arizona

So you just got injured on the job in Arizona and the first thing you did was - go to my blog???  Well since you're here, I'll tell you how to file your claim. 

In Arizona, a worker injured on the job has the burden of making sure that a claim has been filed at the Industrial Commission of Arizona.  If you received medical treatment for your injury, and told the doctor that you were injured at work, Arizona law requires the doctor to file a "Physician's and Worker's Report of Injury" form with the Industrial Commission - but many doctors fail to do so.  If you first treated at an industrial clinic like Concentra, MBI, Banner Occ, or at an emergency room, chances are the form was filed.  If you first treated somewhere else, it's anyone's guess.  Either way, you should call the Industrial Commission's Claims Division at (602) 542-4661 and verify that the claim has been filed. 

If the claim was not filed, you can request a Worker's Report of Injury (green form) and fill it out yourself.  Make sure to be specific as to how you were injured, who you reported it to, and any witnesses.  Many times, the Workers Report becomes important evidence at a hearing in the event that the claim is denied. 

Remember that, while you must report the injury to your employer immediately, you have up to one year from the time of the injury or the time you became aware of it to file the claim. 

I would also recommend that anyone injured on the job in Arizona take advantage of the free initial consultation with Snow, Carpio, and Weekley to educate themselves about the services workers (workmans) compensation attorneys provide regarding their rights in their claim. 

Chad Snow is an Arizona Attorney who practices exclusively workers/workmans compensation.  He has offices in Phoenix and Tucson and has represented thousands of Arizonans injured on the job.  He can be reached at (602) 532-0700 or (520) 647-9000.