Legal Question in Workers Comp in Arizona

Re: percentage of disability

In Arizona, a permanent spine injury is classified as "unscheduled," which means that the percentage of impairment your doctor assigns bears no relationship to permanent disability benefits. Instead, you need to worry about the permanent limitations he places on you.

Unscheduled permanent disability benefits are based on the difference between your average monthly wage (AMW) and your post-injury earning capacity. This difference is your lost earning capacity (LEC), and you only get 55% of your LEC. Also, Arizona law places a cap on the AMW, and that cap is probably less than half of what you were really earning when injured. You are not compensated at all, for example, if a permanent unscheduled injury causes your earning capacity to drop from $100,000 to $50,000 per year! This is one of the harshest aspects of Arizona's law, but it is the case in many other states, as well.

At your present stage, you need to be in touch with a lawyer who specializes in workers' compensation, and who is a board-certified specialist. Most of us offer free consultations, as well. Please feel free to call my office at 602-253-1789 or 800-863-4449.