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Arizona Workers' Compensation Questions & Answers
3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

James L. Arrasmith
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answered on Feb 22, 2024

It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was... View More

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3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

Joel Friedman
Joel Friedman
answered on Feb 26, 2024

YOUR QUESTION: My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

ANSWER: Your...
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3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
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answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Can defendent witness read answer to lawyer question while on the stand
Joel Friedman
Joel Friedman
answered on Dec 28, 2023

If you are referring to an Industrial Commission (ICA) hearing, the answer is probably yes, especially if the witness is a lay person and not an expert. If you are saying the witness's question and answers were scripted, that would be very wrong. ICA hearings are not as formal as a court... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Can defendent witness read answer to lawyer question while on the stand
T. Augustus Claus
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answered on Dec 28, 2023

During a trial or deposition, a defendant witness is generally not allowed to read their answer to a lawyer's question while on the stand. Witnesses are expected to provide spontaneous and truthful responses to questions, and reading prepared answers may be seen as an attempt to manipulate or... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My girlfriend got hurt at work and receives workers compensation settlement and they won't work with her restrictions

She found a new job that will work with her restrictions and pays less than the job she was previously at how does she move forward from there she was told she would get into trouble for working a full time job but she can't afford to live off the very little she gets from the workers comp... View More

Joel Friedman
Joel Friedman
answered on Dec 13, 2023

There is no easy answer to your question but your girlfriend is entitled to medical care and wage loss disability benefits until, and possibly after, she has recovered as much as she can from her injuries. She is only required, and sometimes only allowed, to go back to work when a doctor says... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Per 2022 Arizona Revised Statutes Title 23 - Labor § 23-1069 - Attorney's fees; payment; time limitation

My husband was totally disabled by a work injury in 2016. He was awarded a monthly benefit for the rest of his life. The attorney takes 20% of each payment. Per the above Arizona statute, should the attorney's fees stop after 5 years? The WC Insurance sends the monthly payment directly to the... View More

Joel Friedman
Joel Friedman
answered on Jun 13, 2023

The standard for attorney fees in Arizona work injury claims is probably more than the 20% that your husband is paying and typically is 25% of the benefits. The answer to your question is in ARS §23-1069 (A), which provides that the Industrial Commission will set a fee subject to the limits in (B)... View More

1 Answer | Asked in Workers' Compensation, Health Care Law and Public Benefits for Arizona on
Q: I've been working a new job for 3 months. I'm now injured. I need advice as far as FLMA Short term Diss...and Work Comp

I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say.

Joel Friedman
Joel Friedman
answered on Apr 25, 2023

Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor... View More

2 Answers | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA

Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area!

Joel Friedman
Joel Friedman
answered on Mar 10, 2023

Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was fired, rehired, had an OJI. The company says the rehire was a clerical error. Do I have to pay back for the OJI?

I had an agreement to return to work and not arbitrate original termination. I was injured when I returned, requiring surgery. Now the company says it was a clerical error that brought me back. I require another surgery, but the company says I never ACTUALLY returned to work. I was paid OJI... View More

Joel Friedman
Joel Friedman
answered on Mar 1, 2023

Workers' compensation (WC) benefits in Arizona include payment for time lost from work and medical treatment related to an injury. The injury generally is, or should be, covered if you were doing something that benefitted the employer, in or related to the business of the employer, and at a... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can something still be done if my injury was a few months ago (maybe 5 months ago)?

I fell off some stairs at my second job back in June 2022 and I never got paid for the days I worked and was told by employer that since my injury was my fault they were not going to pay for my medical bills nor my missed wages. I kept getting the run around and wasn’t able to get treatment until... View More

Weston Montrose
Weston Montrose
answered on Nov 28, 2022

The Arizona workers' compensation system is a "no fault" system. That means that an injured worker is entitled to claim benefits even if the accident was their "fault" (or part their fault). You have one year from the date of injury to file a claim for benefits with the... View More

2 Answers | Asked in Workers' Compensation for Arizona on
Q: Do we need a workman comp attorney?

Our father is employed by large national medical waste disposal company and is a long haul trucker for them and drove their company semi tractor truck. The accident occurred late Feb and did not involve anyone else. His place of hire and residence is in Arizona but his accident took place on the... View More

Weston Montrose
Weston Montrose
answered on Mar 22, 2024

I'm sorry to hear about your father's accident. Having a guardian ad litum does sound like the appropriate immediate action. If the workers' compensation case is pending in AZ you should visit the Industrial Commission of Arizona’s web site for some helpful information about... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Arizona on
Q: Arizona is a right to work state but how far does that extend can anything be done to protect my dad’s job

My dad has been working in tech for almost 25ish years he is a veteran and has recently had hip issues and needs a replacement he has his surgery tomorrow and has till Monday to except or deny a severance package

Joel Friedman
Joel Friedman
answered on Mar 20, 2024

Your question hopefully will be answered by an employment law attorney, because it is not a workers' compensation issue unless your father's hip problems are the result of a work injury (accident or repetitive activities). I am not an employment lawyer but I generally tell my work injury... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can a lay witness testimony be accepted if the defendant lawyer never submitted an discovery or name of the lay witnes
Joel Friedman
Joel Friedman
answered on Feb 26, 2024

The short answer is probably yes, especially if you or your lawyer never asked for a witness list. There is no requirement that a witness is subpoenaed, they can be walked in as long as the ALJ agrees there is enough time or a supplemental hearing can be scheduled

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I worked for two different jobs and both I have not been paid for now I'm getting a run around on both

First job I started in November and quit mid December still have not been paid I'm in contact with the boss but keep getting the run around. Second job I started in January worked for three and half days and was fired for informing the boss I'd be eventually be putting in my two weeks... View More

Joel Friedman
Joel Friedman
answered on Feb 12, 2024

Good afternoon. You are on a question page for workers' compensation cases, claims for benefits related to a work injury. You are describing a basic employment, wage and hour, issue. You should ask your same question to a different group of lawyers at Justia, specifically under a category for... View More

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for Arizona on
Q: I have a wc claim in process but the insurance offered me $3,000 dollars but I refuse.i need an attorney to represent me
Joel Friedman
Joel Friedman
answered on Nov 6, 2023

Your question does not have enough information for an attorney to decide if they can help you with your workers' compensation case. I suggest you contact a lawyer directly so you can explain what your claim is about and why you think $3000 is not enough for your case.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for Arizona on
Q: Can you help with some legal advise on what I need to do next?

I worked for a company at the beginning of the year who while working for them. I had to pay a monthly subscription to a software called CRM. I stopped working with them back in April and found I was still being charged for the software. I contacted the owner of the company and advise them via text... View More

Joel Friedman
Joel Friedman
answered on Sep 3, 2023

You are in one incorrect legal area, this is not about a work injury and is not a workers' compensation issue. You should limit your inquiry to employment and business law

1 Answer | Asked in Employment Law, Workers' Compensation, Legal Malpractice and Sexual Harassment for Arizona on
Q: COULD I TAKE LEGAL ACTION?

Good afternoon,

I recently resigned after countless emails to HR, my supervisor, Lead, and management about a co-worker that made some inappropriate comments towards me and after I didn't reciprocate he told other co-workers I was "hard to work with" some comments he made... View More

Joel Friedman
Joel Friedman
answered on Aug 3, 2023

This would not be a workers compensation question and you should focus on finding and answer from an employment law attorney.

Q: When is violations of constitutional rights going to be stopped?. Payson Gila County law enforcement

Violently arrested more than once without good cause while attempting to file my awarded appeal.

Joel Friedman
Joel Friedman
answered on May 9, 2023

I apologize to the person submitting the question, but I don't understand how this is a work injury related question. There is no Industrial Commission office in Payson, only in Phoenix and Tucson, and an appeal would be filed there or at the Arizona Court of Appeals, again with locations only... View More

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