Phoenix, AZ asked in Workers' Compensation and Employment Law for Arizona

Q: If i got hurt at work 3/9/2018 and got on workers comp since 3/13/2018 then why am i not getting paid until 4/19/2018

Fractured my talus bone. Did not get a drug test. Assistants didnt follow procdure. They were arguing on who was going to take me. In the end went home then next day to hospital. After that went to work and the hr lady sent me to fasmat. Had another ex ray done nothing. Till the third time did mri which showed the fracture. Last doctor they sent me to told me that he was going to send me to a specialist cause fasmat was giving me the run a round...

1 Lawyer Answer

Joel Friedman

Answered
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Thank you for contacting me about your work injury. There is no,legal requirement for a drug test and failure of your co-workers or supervisors to follow some company procedure also does not affect your right to benefits. I'm not familiar with a medical facility named "fasmat" and depending on where you worked at the time of the injury, you generally have a right to choose your own doctor. There are a limited number of employers who have a right to direct your medical care, but you can go where you want for treatment if you don't work at one of those companies. You can go to any specialist you prefer, and you don't have to wait for a referral because the doctor has already told you that you need a new doctor - a specialist. You can ask your PCP, if you have one, for a recommendation, and a lawyer would be able to refer you if you decide to hire legal counsel.

A fracture of the talus bone may be serious, or it may not, depending on how you were injured and exactly what that means, fracture (for example, a twisting injury may have resulted in what's called an avulsion fracture, which will definitely hurt but may also heal on it's own after a period of time that you are not fully weight-bearing). The time you will be off work also depends on what job you have and its physical demands.

Your payments for time off work depend on your work status - no work or light work. No work you get paid every 14 days, light work every 30 days. If you have any earned income during those periods of time there will be an offset against your WC benefits.

You may feel free to call me Monday after 10:00 a.m. at 602-492-5331. Thank you

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