Phoenix, AZ asked in Workers' Compensation for Arizona

Q: What can I do. I've filed an appeal

I'm not able to do My usual work but have had no vocational training

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1 Lawyer Answer
Joel Friedman
Joel Friedman
Answered
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Arizona work injury law does not require an insurance company or employer to retrain an injured worker who is not able to go back to their date of injury job. The law provides that the injured worker who has what is called an "unscheduled" injury (I.e., low back, neck, shoulder, hip, or more than one extremity) must make a reasonable and diligent effort to find different work within the restrictions recommended by a treating or insurance company doctor, and if the person is able to find work that does not pay as much as the established average monthly wage, he or she is entitled to permanent partial disability benefits calculated at 55% of the average monthly wage. The average monthly wage may not be the same as actual earnings because there is a maximum of $4,428.91 If the injury was in calendar year 2016 and $4,337.82 for injuries in calendar year 2015. The maximum average monthly wage was lower in earlier years. There are many factors that go into a determination of permanent disability benefits, starting with what body part was injured, because everything that is not unscheduled is paid over a defined period of months based on the injury and its severity. There is not enough information in the question to give a complete answer, and direct consultation, at least to start by telephone, with a lawyer is recommended.

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