Phoenix, AZ asked in Workers' Compensation, Health Care Law and Public Benefits for Arizona

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.

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

A: 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 advising you to be off work for eight days and if not, get that information to the company. You are only entitled to compensation for time off work after the first week, so currently one day if you only miss eight days, and if you end up missing more than two weeks then you will be paid two thirds of your average wages back to the first day you missed from work. You are required to continue going to a doctor for treatment. The FMLA does not change your workers' compensation (WC) case and generally it does not include any payment for missed work, that's just from the WC benefits. I can only answer questions about the WC claim, but as I understand generally the FMLA advantage will depend on what work you are doing when you got hurt, what you are able to do when you are released back to some type of work (full duty or light-duty), and what jobs are available with the company at that time. It is my understanding that if someone else is hired to take your place, that person keeps their job and you can only be reinstated if there is a position available that you are qualified and able to do. You may be getting ahead of yourself with the FMLA, but that's not my area of practice and you should talk to someone in HR and also get a better understanding of the severity of your injury and how much time you're likely to miss from work. The WC case will pay you the time loss benefits I mentioned above, and 100% of your medical bills should be covered through the WC insurance. You are not required to pay any money at all for medical services related to your work injury and it is against the law for a doctor or hospital to charge you.

It seems to be very early after your injury and if you have specific questions you should contact an attorney who is experienced in WC cases. There are attorneys who are certified as specialists by the State Bar of Arizona, and there are other attorneys who have been certified and no longer keep the certification for different reasons. I would recommend talking to a couple of firms or lawyers before you decide if you want to have a lawyer represent you

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