How are workers’ comp payments calculated in this state? Based on 2019 data from the United States Bureau of Labor Statistics, over 5,000 workers died due to various forms of accidents in different workplaces. Thankfully, virtually all employers in Phoenix, Arizona are mandated to have insurance that’ll cover employees in the scenario of a workplace injury.
If you are a victim and want to know how your payments are calculated, you have come to the right place. Experienced Phoenix workers’ comp lawyers are your best option in getting the best outcome for your case. What’s more, knowing this information will not only ensure you get what you deserve, it will also get you prepared for the recovery journey.
Workers’ Compensation Settlement in Arizona
Arizona’s workers’ compensation settlement is a backed-by-law scheme that allows an employee to receive financial compensation following a workplace injury. Being a no-fault state, you are entitled to be compensated regardless of the cause of your injury.
As earlier mentioned, knowing how your workers’ compensation entitlements are calculated will prepare you for the recovery journey. That’s because the benefits only cover a fraction of what you earned pre-injury.
What Workers’ Compensation Covers
Workers’ compensation in Arizona covers not only workplace injuries, but also covers diseases that arose or deteriorated because you work in a specific role or workplace. For an employee to receive compensation for an illness, it must result from the job conditions they work and not any disease that may have been contracted just about anywhere. Arizona state law’s requirement is strict concerning proving occupational diseases. That’s why you need the help of experienced attorneys to handle your claims.
Whether diseases or injury, calculating your benefit usually depends on factors like severity of the injury, type, and so on. Let’s look at the benefits you may be entitled to and how they are calculated.
Temporary Disability Benefits
Once a medical professional confirms that you are not fit to return to your job for some time, you become entitled to this benefit, which includes the temporary total disability (TTD) benefits and temporary partial disability (TPD) benefits.
The former, TTD benefits, apply to workers that are unfit for duty while recovering. TTD benefit gives you only two-thirds of your monthly earnings before the workplace injury, up to a maximum amount, subject to a yearly review. The current maximum amount for TTD benefits if you suffered injuries on or after the 1st of January 2021 is $5,030.33. It translates to a maximum of $3.353.55 per month.
On the other hand, TPD benefits apply to employees capable of returning to work after injury but in a limited capacity, resulting in earning less than they are used to before being injured. This benefit gives two-thirds of the difference between earnings before the injury and current earnings. Meaning, if you earned $3,800 before the injury but could only earn $1,800 during your recovery stages, your monthly TPD benefits will be two-thirds of $2,000, which is $1,333.33.
Permanent Disability (PD) Benefits
Once a doctor confirms that your post-injury condition may never improve, you will likely be entitled to a permanent disability benefit. In Arizona, PD benefits depend on the affected body part and the severity of the impairment. Under this benefit, there are scheduled permanent partial disability benefits, unscheduled permanent partial disability benefits, permanent disability benefits for disfigurement, and permanent, total disability benefits.
Scheduled Permanent Partial Disability Benefits
Arizona law sets out payments and duration schedules for permanent partial disability benefits. For example, if you suffer disability or lose the ability to use your finger, arm, toe, leg, foot, hearing, or sight, your benefit will be a percentage of your monthly earnings before the injury. It will be calculated based on the following severity.
- For only partial loss of use of any of the above-listed body parts, you’ll get 50%.
- 55% in cases of amputation.
- 75% if you can’t return to work at all after losing the use of your body parts.
For the scheduled period of receiving the benefit, total loss of thumb use will attract receiving this benefit for 15 months, 20 months if you lose hearing (one ear), 25 months for loss of sight (one eye), and 50 months for loss of a hand (dominant hand).
Furthermore, if the permanent disability to any of the listed parts is partial. You will only receive the payments for half the number of the scheduled period. For example, if your doctor confirms you have lost only 50% of the use of your regular hand, you’ll get this benefit for half of 50 months, i.e., 25 months.
Unscheduled Permanent Partial Disability Benefits
If you suffer permanent disability to organs or body parts not listed on the schedule, you’ll receive permanent partial disability benefits if the impairment results in a reduction of your earnings. The affected employee will receive 55% of the difference between what you used to earn and what you currently earn, i.e., after injury.
Permanent Disability Benefits for Disfigurement & Permanent Total Disability Benefits
If an injury causes an employee permanent disfigurement, perhaps to the face, the Industrial Commission of Arizona will establish a fair amount of permanent disability benefit, which can be up to 18 months. If you become permanently disabled from workplace illness or injury, you may be entitled to benefits for as long as you live. The rate is usually the same as the TTD benefit.
Let Us Assist You With Your Claim
Work-related injuries or illnesses can happen at any time and to anyone. If you or your loved one are in this boat, you need all the help you can get. It’s best to allow experienced Phoenix injury lawyers to handle your claims. You will not only get personalized service if you need them to come to your home but also the best outcome for your claims.