Results 1 to 4 of 4
  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Torn Rotator Cup and Claims

    MY girlfriends father recently tore his rotator cup at work and went to the doctor. After an MRI and a talk with his employer, they told him he would only receive a standard 2 weeks of workman's compensation. Only problem is he will be unable to work for 4 months after the necessary surgery, and the position and wages that the company is offering in exchange is laughable in comparison to his normal pay. I know that there is more he can do to get the proper compensation, but I am from Illinois and don't really know Arizona state worker's compensation law. I am trying to help him because he is really down about paying the bills with the meager amount that was offered. Is there more to worker's compensation than the two weeks and/or is there papers that need to be filed for extensions or proper compensation. Being put out of work and not getting your normal wages you built your life around is harsh, and any advice towards this matter would be greatly appreciated. Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Torn Rotator Cup and Claims

    he should file a claim with the work comp commission
    http://www.ica.state.az.us/forms/wor...rtofInjury.pdf

    more information here
    http://www.ica.state.az.us/Divisions...ed_worker.html

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Torn Rotator Cup and Claims

    There are specific rules that cover wage replacement, and how the average monthly wage is determined...if there is a dispute to the wage, this must be filed with in 90 days, or it becomes permenant, and difficult to get adjusted.

    The temp disability/wage loss payments are similar to IL... 2/3's of the average monthly wages...

    There are FAQ's here...http://www.ica.state.az.us/docs/clai...ed_Workers.pdf these may be easier to navigate initially.

    After an MRI and a talk with his employer, they told him he would only receive a standard 2 weeks of workman's compensation.
    Lots of times the ER may have an internal policy they think is similar to ''law'', and what they are required to provide. If he is eligible for FMLA benefits, that would protect his job for up to 12 weeks/annum...including continuation of any ER provided employee benefits...eg health coverage, and payment of the premiums while he is out. The ER must notify him in writing if he is eligible, and they intend to run the FMLA leave concurrently with the comp leave. Info on FMLA is here...http://www.ppspublishers.com/articles/fmla.htm

    You can also find information on selection of treating physican in the FAQ'... unless the ER is self insured, you can treat with the doctor of your choice.
    ER's are required at the time of injury to notify you if they are covered by a policy issued by an IC to handle their industrial injuries, or if they are legally self insured.

    You don't need an attorney to handle the claim, but even as per the FAQs the system is very complex, and once you are denied benfits for reason, the issue will no doubt need to be litigated in the comp court... most IW"s are not savvy to the process so an attorney may be a good idea. At the least a consultation. There is no fee unless there is an award... usually 25%, but of course that is an agreement between the parties.

    Be sure the ER's first report of injury form is filled out...http://www.ica.state.az.us/forms/wor...rtOfInjury.pdf, and submitted to the IC if there is one.

    If you choose to be unrepresented...here is a FAQ for those issues...http://www.ica.state.az.us/faqs/alj/...s_English.html

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Torn Rotator Cup and Claims

    Jeff, Welcome to the forums. The very good and accurate information given to you by the others should get you where you need to be information wise. I hope you are able to relay the information to your girlfriend's father and that this forum becomes a valuable source of information for you/him.

    What his ER is doing bites but depending upon the criteria listed for the AZ WC laws, follow those links provided by the others, it may very well be that his reduced wages disqualify him for any WC payments during his 4 month recovery.

    I have been out of work for over two years as my repairs just didn't hold up. My ER has been so generous as to give me one day a week at just a little over minimum wage. GA WC does supplement with TPD payments BUT both combined comes NO where near what I made as an OTR Truck Driver. It has been determined that I will NEVER return to my previous profession due to my work injury.

    I am in the process of getting a settlement worked out and then I will be returning to school to get certified to do something that I am able to do with my physical limitations. Haven't quite made up my mind just what that will be but it will have to be something that I make a fairly decent salary at to keep up with my bills.

    Now I am going to be a sorry B***h like I can be at times and pick on you, .......

    There is NO such thing as a rotator "CUP" in the human body. It is a rotator "CUFF". It is in the shoulder (ligaments, tendons, muscles, etc... make up the rotator "CUFF"), and it can become seriously damaged/torn and sometimes need repaired surgically. Please don't be offended but this is just one of my many pet peeves. A rotator "CUFF" is just one of the body parts I permanently destroyed as part of the work injuries I sustained well over two years ago and two surgeries later I am in no better shape than I started out.

    Ya'll take care and have a blessed weekend. As for me I will be reporting to my big old one day a week light duty job as I do every Saturday. Then I will take all day Sunday to recover from the "light duty" job created just for me...................

    Be well and take care.

    Steel
    Last edited by SteelMagnolia; 05-01-2009 at 03:40 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

Similar Threads

  1. Replies: 5
    Last Post: 10-23-2008, 07:28 AM
  2. Torn Rotator Cuff
    By Marcia in forum Insurance Company Practices
    Replies: 3
    Last Post: 01-23-2008, 09:55 AM
  3. Torn Rotator Cuff
    By bill in forum Illinois
    Replies: 4
    Last Post: 01-15-2007, 05:12 AM
  4. Replies: 3
    Last Post: 07-06-2006, 04:26 PM
  5. Torn Biceps Muscle
    By frank in forum Florida
    Replies: 1
    Last Post: 03-07-2005, 06:22 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer