Legal Question in Workers Comp in Arizona
possible 100% disability
This is in reqards to an injury that my wife sustained at work. She was working as a truck driving instructor and was run over by a student that resulted in severe damage to the right foot and leg. (she now works in the office of same school) Its been a year since the injury. Workmans' has been very good with her claim. She is about to have an electrical implant to control the pain and after that will probly be released by her doctors. Then she will be evaluated by workmans'. After reading other cases on this site, My question is should we be represented by an attorney during the settlement session? Also the 100% disability was mentioned by workmans' comp. a few months ago through conversations with workmans'.
1 Answer from Attorneys
Re: possible 100% disability
Without an interview, I cannot answer your question. A permanent injury to a single limb can be compensated in one of two (very different) ways, depending on her history of other injuries or earning capacity disabilities.
If her injury is classified as "scheduled", the permanent compensation will based entirely upon a doctor's opinion about her impairment rating and ability to return to regular work. On the other hand, if it is "unscheduled", she will be compensated on the basis of lost earning capacity, and the doctor's role is solely to provide an opinion about permanent limitations.
It would be wise to consult with an attorney now, rather than after the insurance company has already taken its position, because that position might be changed (favorably for you) with a little advocacy or negotiation.
Most certified specialists in workers' compensation (like me) offer free, no-obligation consultations, so there is no reason to not call and make an appointment. Give me a call.
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