Should I file a workers compensation claim in Arizona, and if so, when?
A compensable injury generally must occur within the course and scope of your employment. Going and coming from home to work usually is not covered, unless you are "on the clock."
Cumulative trauma, or multiple small injuries, may result in a compensable injury once it is diagnosed and requires treatment.
There may be a choice of states where a claim may be filed:
A? Where the employer is located.
A? Where the injury occurred.
A? Where the employee entered the contract of employment.
Consider where the benefits would be the best when deciding where to file.
Filing requirements vary by state:
Usually claims must be filed within a specific time period after the injury occurs.
For example, claims must be filed in writing at the Industrial Commission of Arizona within one year in Arizona; other states have different requirements.
Forms for filing a claim may be found online at the Industrial Commission of Arizona website or call or email Wayne Turley to obtain forms.
If my claim is accepted, how much compensation may I receive?
Compensation for temporary disability varies by state.
Most states provide payment of a percentage of the worker's average weekly or monthly wage during periods of temporary total or temporary partial disability.
A worker's average monthly or weekly wage may be limited by an arbitrary statutory maximum wage used in a particular state. For example, in Arizona, the maximum average monthly wage (AMW) for injuries occurring in 2010 is $3763.44. The compensation rate is 2/3 of the worker's average monthly wage. Therefore the maximum compensation rate is 2/3 of the worker's AMW, up to the maximum allowed by statue. For injuries occcurring in 2010, that is $2509.09 per month, paid bi-weekly or monthly. The maximum average monthly wage for injuries occurring in 2009 is $3600. Therefore the maximum compensation a worker may receive is 2/3 of $3600, or $2400 per month for injuries in 2009. Injuries occurring before 2009 are paid based on the AMW in effect at the time of the injury.
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