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Arizona Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation, Insurance Bad Faith and Personal Injury for Arizona on
Q: Work accident led to toe damage due to insurance delay. Do I have a case?

I was involved in a work accident on 11/15/2024, which resulted in extensive damage to my 4th toe on my left foot, including nerve damage, debridement, and a permanently shorter toe. Despite filing a workers' compensation claim, I believe the insurance company is at fault for delaying my... View More

Joel Friedman
Joel Friedman
answered on Mar 25, 2025

The delay in treatment may, possibly, be insurance bad faith and a claim would be outside the work injury case. The WC claim will compensate you for damage to your toe or foot as it is after all treatment is finished, and the amount also depends on your ability or inability to go back to the job... View More

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2 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Arizona on
Q: Is it legal for my employer to potentially lay me off or offer a lower-paying job after a workplace injury?

I was run over by a snowcat at work, requiring hip surgery and leading to ongoing medical treatment. I'm part of a union and filed a workers' compensation claim that is still ongoing. My employer has kept me on light duty for two years but hasn't offered a full-time position or... View More

Joel Friedman
Joel Friedman
answered on Mar 25, 2025

Good afternoon. Your question is about more than a workers' compensation (WC) claim, and potentially involves additional or separate rights you may have under the collective bargaining agreement (contract) between your employer and the union, and possibly rights you may have under the... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My TTD AMW has been 5138 at 66.6% set by ICA of AZ. how much should my biweekly check be.
Joel Friedman
Joel Friedman
answered on Jan 28, 2025

$1,576.54, within some pennies of that. The daily rate is your average monthly wage multiplied by .021918, which produces a daily benefit amount of approximately $112.61, and your biweekly check is for 14 days. There is also a sort of bonus payment if you identified dependents on your report of... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Award amount for 3 level neck fusion.
Joel Friedman
Joel Friedman
answered on Dec 21, 2024

I'm going to answer the question based on you having injured your neck in a work accident. Workers compensation benefits are not like personal injury payments and the first part of the process is to understand what the doctors have said you can and cannot do in a job, and then figure out if... View More

2 Answers | Asked in Workers' Compensation for Arizona on
Q: Do we need a workman comp attorney?

Our father is employed by large national medical waste disposal company and is a long haul trucker for them and drove their company semi tractor truck. The accident occurred late Feb and did not involve anyone else. His place of hire and residence is in Arizona but his accident took place on the... View More

Joel Friedman
Joel Friedman
answered on Mar 22, 2024

First, I am sorry to hear about your father and hopefully he will recover. Second, you have a choice of filing a workers' compensation (WC) claim in either New Mexico or Arizona, and I do not know the difference between benefits available for the two states because my practice is only in... View More

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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Do we need a workman comp attorney?

Our father is employed by large national medical waste disposal company and is a long haul trucker for them and drove their company semi tractor truck. The accident occurred late Feb and did not involve anyone else. His place of hire and residence is in Arizona but his accident took place on the... View More

Weston Montrose
Weston Montrose
answered on Mar 22, 2024

I'm sorry to hear about your father's accident. Having a guardian ad litum does sound like the appropriate immediate action. If the workers' compensation case is pending in AZ you should visit the Industrial Commission of Arizona’s web site for some helpful information about... View More

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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.

Joel Friedman
Joel Friedman
answered on Feb 26, 2024

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.

ANSWER: Your...
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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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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.

James L. Arrasmith
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answered on Feb 22, 2024

It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was... 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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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Can defendent witness read answer to lawyer question while on the stand
Joel Friedman
Joel Friedman
answered on Dec 28, 2023

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

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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

2 Answers | Asked in Employment Law, Workers' Compensation, Native American Law and Personal Injury for Arizona on
Q: What are my rights if my job wants me to resign while on worker's compensation, citing claims of not getting along with management?

I work on a Native reservation and am currently on worker's compensation due to a tendon biceps tear, which has left me unable to use my dominant arm effectively for tasks like lifting and typing. After being placed on administrative leave, my employer informed me there are no positions... View More

Joel Friedman
Joel Friedman
answered on Nov 2, 2025

Your question is complicated because of your employment if it is with a Native American enterprise, and not just on the reservation. Your issues also should be presented in an employment law section; this is for work injuries and your concerns are related instead to employee employer relations. The... View More

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1 Answer | Asked in Car Accidents, Workers' Compensation and Personal Injury for Arizona on
Q: Car rear-ended on job, insurance totaled car, insufficient payout; consult personal injury or workers' comp attorney?

I got rear-ended while on the job in my car, and my boss filed workers' compensation. My insurance company totaled my car but the amount they gave me isn't enough to buy another car. I have injuries from the accident. Should I consult a personal injury or workers' compensation... View More

James L. Arrasmith
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answered on Sep 8, 2025

Because you were rear-ended while driving for work, your situation involves both workers’ compensation and potential claims against the at-fault driver. Workers’ compensation generally covers medical bills and some lost wages, but it doesn’t cover pain and suffering or the full value of your... View More

Q: What can I do about Medicare BCRC threatening to take my home related to my late wife's workers' comp settlement in Arizona?

My wife had a workers' compensation case in California 16 years ago for her back and a brain bleed. We now live in Arizona. She recently died due to her gall bladder rupturing and a significant bedsore. Someone at the hospital tried to charge her bills to the workers' compensation case.... View More

James L. Arrasmith
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answered on Jul 26, 2025

This situation sounds incredibly overwhelming, especially with the loss of your wife and now the stress of dealing with Medicare’s recovery efforts. When a workers’ compensation settlement includes funds allocated for future medical care, Medicare may later attempt to recover payments it... View More

2 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Arizona on
Q: Is it legal for my employer to deduct full paycheck for Workman's Comp arrears in Arizona?

After returning to work from Workman's Comp, my employer advised me via email dated 3/31/25 that they would deduct payments from my paycheck to cover arrears for medical benefits paid during my 7-month leave. At that time, the amount owed was $489.48, though it is now $1100. They mentioned... View More

Joel Friedman
Joel Friedman
answered on Jul 10, 2025

Your question is more about employment law and not directly related to your work injury or the claim for workers' compensation (WC) benefits. It's not clear, but it seems your question is about the cost or share of health insurance or other premiums that would have been deducted form your... View More

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Q: Seeking legal advice regarding payroll fraud, employment misclassification, and eviction in Arizona.

I am seeking legal advice on how to find a lawyer to sue my employer for various issues. Over the past three years, I believe my employer, an immigrant with a visa from China, has committed payroll fraud and employment misclassification. He made false promises of providing housing and teaching me... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve endured a deeply unjust and complex situation that has affected your livelihood, housing, and dignity. From what you’ve described, it sounds like your employer may have violated multiple labor laws, including misclassifying you as an independent contractor when you were clearly working... View More

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

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.

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