People in Arizona get hurt at work every day. On average, 2.8% of all workers suffer a workplace injury every year in this country. According to the U.S. Bureau of Labor Statistics, there are close to 3 million non-fatal workplace accidents in the U.S. every year. This is why Phoenix workers compensation attorneys are so busy.
Most people who suffer a workplace accident don’t run into trouble when they apply for workers comp benefits. However, there are many people whose claim is denied, and they don’t understand why. Our associates work hard to find out what the problem is and get our clients the benefits to which they’re entitled.
Certain Jobs are More Dangerous than Others
Depending on the kind of work you do, you may be at a higher risk of suffering an injury at work. If you do physical labor or have a job that requires a lot of repetitive motions, you’re more likely to suffer a workplace accident. Some of the more dangerous industries include the following:
- Loggers and tree cutters
- Commercial drivers
- Oil and gas workers
- Construction workers
- Utility workers
If you work in any of these industries, you’re at a higher risk of getting hurt. Not only is the work you do more dangerous, but you also work with dangerous equipment. If any of this equipment malfunctions, you can suffer very serious injuries.
Phoenix Workers Compensation Attorneys See Certain Injuries More Than Others
When people go out on workers compensation, it’s usually due to certain types of injuries. For example, people who suffer a back or neck injury are typically out of work for a couple of months. They often require surgery and physical therapy. Depending on how serious their injuries are, they may not be able to return to work.
Another common injury associated with work is carpal tunnel syndrome. People who work in casinos, for example, often contract this injury from the repetitive act of dealing cards. We also see a lot of administrative workers suffering from carpal tunnel syndrome.
Knee injuries are also common amongst workers comp claimants. Just because somebody is young, that doesn’t mean they aren’t susceptible to a knee injury. If you drive a truck every day or work as a plumber, it won’t be long before you start to develop issues with your knees. As long as these issues can be traced back to your job, you may be eligible for workers compensation.
Are There Certain Types of Accidents Our Personal Injury Lawyer in Phoenix Encounter?
Not surprisingly, there are certain accidents that are commonly associated with workers compensation. For drivers, motor vehicle accidents are more common than they are for other professions. Anybody who’s ever been in a car crash knows how serious these accidents can be.
Another common accident that can lead to a worker’s comp claim is a fall. Construction workers and waitresses are more prone to suffer a fall than an accountant or lawyer is. It’s just the nature of the job.
Some of the more common accidents our clients experience include:
- Slip and falls in messy or unsafe conditions
- Equipment malfunctions
- Motor vehicle accidents
- Being injured while using equipment
- Burns from a fire or explosion
- Hearing and vision loss due to an explosion
If you’ve been involved in this type of accident, or any other workplace accident, you may need a Phoenix workers compensation attorney. They can help you file your claim and, if need be, file an appeal. If this fails, they’ll be willing to file a personal injury lawsuit on your behalf.
Your Injury Must Occur During the Normal Scope of Your Job
One of the hardest things we have to explain to our clients is that their injuries will only be covered if they were operating within the scope of their employment. For example, if you’re a waitress, you have no business carrying stock to and from a delivery truck. If you happen to hurt your back while carrying a heavy tote or crate, your claim could be denied.
Your employer pays for workers compensation insurance. Their rates and their coverage are determined by how many employees they have in certain positions. The risk of a waitress hurting their back is lower than that of a stock person. Therefore, if you get hurt while doing something that is clearly not part of your job description, your employer may deny your claim.
If this is the case, your personal injury lawyer in Phoenix can still appeal to the workers comp commission in Arizona. You may be able to demonstrate that it was customary for waitresses to help carry produce into the restaurant. Or you may have been written up in the past for not assisting in this sort of duty. If your attorney can prove this, they may be able to get you workers comp benefits.
What if You Have a Pre-Existing Condition?
One problem you may run into is that your employer claims your injuries were due to a pre-existing condition. Perhaps you have a history of back problems. Or you may have suffered a neck injury several years prior in a car accident. The insurance company has access to this information. And if they don’t have it, they’ll demand that your personal injury lawyer in Phoenix provide them with it.
If your medical records show that you have a history of illness or injuries, it will impact your workers compensation claim. For example, if you fall and injure your back, the insurance company will ask the doctor if your injuries are the result of the fall or your past history of back problems.
What your attorney will have to do is prove that you would have suffered the injury regardless of your pre-existing condition. It will be a matter of showing what a reasonable person would have suffered in similar circumstances.
Contact an Experienced Personal Injury Lawyer in Phoenix
If you’ve been injured at work, you should be eligible for workers compensation benefits. However, every now and then, the insurance company chooses to deny your claim. If this happens, you need to get on the phone with an experienced personal injury attorney in Phoenix right away.
There’s a lot at stake in these cases. You deserve to have your medical care covered. You also deserve replacement wages. If your employer refuses to provide these, your attorney will go to work and fight to protect your rights. Call today and schedule your free, initial consultation.