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.
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.
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
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
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
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
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
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.
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
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
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
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
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
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
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
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.
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.
this happened a week ago 09/08/2023 and I have not received a follow up about the situation, not report has been asked for me to file at work and I've just been told nothing can be done because he already quit. I don't feel like anything has been done about the station and an employee for... View More
Good morning, sorry to hear about the situation at work and at least the person who was harassing you is gone. I'm a workers' compensation attorney and this question should be answered by an employment lawyer. You might want to try reposting your inquiry and limit it to employment and...View More
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
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
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
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... View 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...View 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... View 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),...View 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... View 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...View 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.... View 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...View 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... View 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...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.