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Arizona Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can a lay witness testimony be accepted if the defendant lawyer never submitted an discovery or name of the lay witnes
Joel Friedman
Joel Friedman
answered on Feb 26, 2024

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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I worked for two different jobs and both I have not been paid for now I'm getting a run around on both

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

Joel Friedman
Joel Friedman
answered on Feb 12, 2024

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

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

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.

T. Augustus Claus
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answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Can defendent witness read answer to lawyer question while on the stand
T. Augustus Claus
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answered on Dec 28, 2023

During a trial or deposition, a defendant witness is generally not allowed to read their answer to a lawyer's question while on the stand. Witnesses are expected to provide spontaneous and truthful responses to questions, and reading prepared answers may be seen as an attempt to manipulate or... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My girlfriend got hurt at work and receives workers compensation settlement and they won't work with her restrictions

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

Joel Friedman
Joel Friedman
answered on Dec 13, 2023

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

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for Arizona on
Q: I have a wc claim in process but the insurance offered me $3,000 dollars but I refuse.i need an attorney to represent me
Joel Friedman
Joel Friedman
answered on Nov 6, 2023

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.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

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.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for Arizona on
Q: Can you help with some legal advise on what I need to do next?

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

Joel Friedman
Joel Friedman
answered on Sep 3, 2023

You are in one incorrect legal area, this is not about a work injury and is not a workers' compensation issue. You should limit your inquiry to employment and business law

1 Answer | Asked in Employment Law, Workers' Compensation, Legal Malpractice and Sexual Harassment for Arizona on
Q: COULD I TAKE LEGAL ACTION?

Good afternoon,

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

Joel Friedman
Joel Friedman
answered on Aug 3, 2023

This would not be a workers compensation question and you should focus on finding and answer from an employment law attorney.

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Per 2022 Arizona Revised Statutes Title 23 - Labor § 23-1069 - Attorney's fees; payment; time limitation

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

Joel Friedman
Joel Friedman
answered on Jun 13, 2023

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

Q: When is violations of constitutional rights going to be stopped?. Payson Gila County law enforcement

Violently arrested more than once without good cause while attempting to file my awarded appeal.

Joel Friedman
Joel Friedman
answered on May 9, 2023

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

1 Answer | Asked in Workers' Compensation, Health Care Law and Public Benefits for Arizona on
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.

Joel Friedman
Joel Friedman
answered on Apr 25, 2023

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

2 Answers | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA

Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area!

Joel Friedman
Joel Friedman
answered on Mar 10, 2023

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

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was fired, rehired, had an OJI. The company says the rehire was a clerical error. Do I have to pay back for the OJI?

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

Joel Friedman
Joel Friedman
answered on Mar 1, 2023

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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can something still be done if my injury was a few months ago (maybe 5 months ago)?

I fell off some stairs at my second job back in June 2022 and I never got paid for the days I worked and was told by employer that since my injury was my fault they were not going to pay for my medical bills nor my missed wages. I kept getting the run around and wasn’t able to get treatment until... View More

Weston Montrose
Weston Montrose
answered on Nov 28, 2022

The Arizona workers' compensation system is a "no fault" system. That means that an injured worker is entitled to claim benefits even if the accident was their "fault" (or part their fault). You have one year from the date of injury to file a claim for benefits with the... View More

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Arizona on
Q: My husband was hit by a drunk driver in his work van Workers comp paid 66% & we paid them back with ins settlement

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

Joel Friedman
Joel Friedman
answered on Jul 22, 2022

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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: My dad was affected and awarded compensation in brush wellman/beryllium lawsuit he said after his death I get settlement

I wanted to know how to go about this finding out if that is true and what needs to be done on my behalf to make sure I am eligible and if I need to file anything in order to finalize and or make sure I’m not unknowingly not taking action needed for my survivors benefits compensation?

Weston Montrose
Weston Montrose
answered on Mar 31, 2022

It sounds like your issue is related to a personal injury or perhaps a class action matter. If it was then you should try reaching out to the attorney who represented your dad (or the lawyer representing the class) to determine what you need to show to establish your interest in the settlement. I... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: I am being exposed to cleaning chemicals at work, by a business next door to where I work. Can I take them to court?

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

Joel Friedman
Joel Friedman
answered on Feb 25, 2022

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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Workers comp claim terminated, want to quit my job... however...

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

Joel Friedman
Joel Friedman
answered on Jan 16, 2022

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

2 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Hi there so broke my hand at work 4 to 5 weeks ago . in that time I have seen doctor every week. 1 week into break I wa

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

Joel Friedman
Joel Friedman
answered on Dec 17, 2021

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

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