Temporary Compensation
by Attorney Diana Robles
Snow, Carpio
When you are injured on the job in Arizona, you may be
entitled to receive temporary compensation benefits if your doctor indicates
you can not work, or can work only in a limited capacity with certain
restrictions. The carrier will review
each case to determine if temporary benefits are due. Arizona law provides that you should be
getting 66 2/3% of your average monthly wage.
Average monthly wage can include overtime and/or concurrent employment
that you had at the time of your injury.
If your doctor indicates you can not work at all, you
should be getting paid every 14 days.
This is called temporary total disability or TTD. The doctor must address your work status at
every visit, as the insurance carrier will want to know whether you are to
remain off work. In most cases, there is
no time limit for the TTD benefits you can collect. There are a few exceptions to this, for
example in hernia injuries.
Once a doctor has released you to return to work with
restrictions, Arizona law only requires them to pay 66 2/3% of the difference
between the wages you are now able to earn and your established average monthly
wage. This compensation is paid every 30
days. This is called temporary partial disability or TPD.
When your doctor releases you to work with
restrictions, you should contact your employer to see if they accommodate those
restrictions. The best thing to do is to
put your request to return to work with restrictions in writing. If your employer can’t accommodate your
restrictions, then it is your responsibility to make a good faith effort to
find work within your restrictions. You
must apply for a job at other places even if you are still employed with your
date of injury employer. If you get a
job you will receive the difference between the wage you earn and the 66 2/3%
of the established monthly wage. If you
don’t get a job you would continue to collect the entire 66 2/3% of your
average monthly wage from the carrier.
In most instances if you have returned to work your
regular hours with restrictions, you will not receive payment from the employer
for attending doctor or therapy appointments.
The carrier will review each case to determine if temporary benefits are
due, however you would only receive compensation if your earnings were reduced
by more than 33 1/3 of your set wage.
If you or someone you know has been injured at work or has a medical condition that will prevent them from working for 12 months or more, call Snow, Carpio & Weekley toll-free at 855-325-4781 to schedule a free consultation in person at one of our offices around the State or over the phone. You can also find out more about our firm by visiting our website at www.workinjuryaz.com.