Isn’t he still entitled to restitution for his lost wages, pain & suffering, loss of personal work equipment & mileage? Our accident lawyer says not to apply for restitution. I think it’s because he won’t get a cut…?
He is back to work full-time. Has a low impairment rating... Read more »
This is not a one size fits all situation and the answer to your questions depends on several factors: what were your husband's injuries, how serious were the injuries, does he have any permanent damage (medical impairment or disability) from the accident, has he been able to go back to the...Read more »
They say they are allowed to dump there by the City of Sedona, I stand above the drainage pit all day for 9.5 hours every day, for 8 years, burning eyes, throat, lungs. I have complained to my boss, his boss, the business that's dumping, and the city of sedona, who says they are allowed to do... Read more »
Thank you for your inquiry. I see a couple of issues you want to follow up. I would first contact the Arizona Department of Occupational Safety and Health (https://www.azica.gov/forms/adosh2213) and the US Department of Occupational Safety and Health (I don't have a link to the federal form),...Read more »
I received my workers comp letter and any benefits were terminated. I feel this was wrongfully done and I am bringing it up with a lawyer currently. However, I want to quit my job and go elsewhere while all of this is going on. Can I quit my job and work elsewhere without facing any consequences... Read more »
This is a question you really should be asking the lawyer you apparently already have on your WC case. It's a common issue and any serious WC attorney will be able to advise you, especially knowing more about your current injury-related medical condition and why you disagree with your benefits...Read more »
I was released to go back to work. Just don't use hand..as of today my hand is not in a cast and it should have been weeks ago. My hand hurts and will heel wrong . so future looks bad for hand. They did give me a wrist brace with wrap. This all sounds not right. This is a workmans comp.... Read more »
Good morning. It's not clear from your message how you believe your hand was broken and should be in a cast (like an x-ray or something else), and why you think you cannot do your regular work, since you apparently have been to a doctor who would make those decisions. It will make a difference...Read more »
The insurance company stipulated in writing to provide among many other things, an electric cart to a disabled employee as part of a settlement that included an award for future medical support care. The stipulations were approved by the Industrial Commission. Now, three years later the insurance... Read more »
Thank you for your inquiry. There is no automatic right to the same medical benefits permanently and there is no automatic penalty. if benefits are being denied the first option is to request a hearing investigation under ARS 23 1061J. The industrial commission will send a notice to the insurance...Read more »
I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... Read more »
I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked...Read more »
My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back...Read more »
I requested a few days off for a minor surgery just over a month ago. It was denied because they say i have to be scheduled on the days I want off in order to get paid sick time. At the time I first requested the days the schedule wasn't made yet.
This is not a workers' compensation issue, it's related to your employment. You will need to find an attorney who accepts employment benefits cases and, in the meantime, you may want to ask your employer for a copy of any employee handbook or manual that has information about your leave...Read more »
Good afternoon and thank you for your question. You are entitled to disability payments anytime you are off work, whether it is for the company where you were injured or another employer after that. You should notify the insurance company and you should be given a form to fill out whether you are...Read more »
My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... Read more »
Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for...Read more »
Hello, thank you for your question. If you are off work and the insurance company did not accept or deny the claim then they are supposed to pay you until the claim is denied if that's what's going to happen. If you have medical bills those have to be paid also until something is done...Read more »
Good evening, thank you for your question. I am not sure why the doctor's office cannot arrange appointments around your work schedule, unless the work schedule changes from week to week. If you work in the morning then the doctor should schedule an appointment in the afternoon, and the...Read more »
Ben off 5 months with comp, My Dr says sedentary work restrictions in Jan. Ins company wanted 2nd opinion that Dr said the same thing sedentary duty. 2 weeks later IME Dr thew me under the bus and said I have 0% on report for all areas of any kind. Boss says get to work by Monday morn. Id... Read more »
The answer is not a simple yes or no and it depends first on what your injury is, what your regular job is, where you were working when you were injured, who has been your treating doctor, who you believe was a "second opinion" doctor, and who the IME was. It is very rare in AZ to have an...Read more »
I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... Read more »
Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what...Read more »
Hello, thanks for your inquiry. That's a good question - I would advise against looking for different work than what you are being offered. The nonprofit place is more likely to accept your limitations from the doctor who put you out on light duty and if not you have a direct contact to your...Read more »
I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly...Read more »
I injured my back at work nearly a year ago. At the time, I thought it was minor, so I didn't report it or seek medical attention. However, months later, it is still causing pain and limiting my activities at and outside of work. I realize in hindsight that it was more severe than I had... Read more »
You have one year from the date of the injury to file a claim at the Industrial Commission of Arizona (ICA). You can still do that if you are actually less than 365 days out. The more serious problem from your message is that you did not report the incident or what you thought might be an injury,...Read more »
Broke foot, pelvis, arm, L4&5, and dislocated shoulder. Company didn’t offer safety harness. Which they have implemented now after my accident. Also concerned about my future that I might not be able to return to the position and future pain and surgery and loss of mobility.
Thank you for sending your question here. The short answer to your first question is that Arizona workers' compensation is a no-fault system and you cannot file a claim directly against your employer if it had insurance for work injuries. It seems you have had a very serious accident and it...Read more »
something happens later in relation to that initial injury? Technically the nurse/patient relationship starts as soon as a nurse answers the phone but a patient has the right to refuse treatment in any other setting.
Thank you for the question, but I don't think it has anything to do with a workers' compensation claim. The issue is more related to liability of a healthcare provider when the "patient" does not accept treatment in the first place. The general rule is that the provider is...Read more »
No, your employer is not permitted to attend your actual medical appointments. The insurance company can hire a nurse case manager to help coordinate medical care but even that person does not have to be allowed in the room with you and your doctor(s). Feel free to call, no charge, to review more...Read more »
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