Get free answers to your Workers' Compensation legal questions from lawyers in your area.
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
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
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?
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
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
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
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
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
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
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
The insurance company stipulated in writing to provide among many other things, an electric cart to a disabled employee as part of a settlement that included an award for future medical support care. The stipulations were approved by the Industrial Commission. Now, three years later the insurance... View More
answered on Oct 3, 2021
Thank you for your inquiry. There is no automatic right to the same medical benefits permanently and there is no automatic penalty. if benefits are being denied the first option is to request a hearing investigation under ARS 23 1061J. The industrial commission will send a notice to the insurance... View More
I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More
answered on Aug 14, 2021
I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More
The student contacted me and I blocked them right away.
answered on May 2, 2021
My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... View More
answered on Feb 5, 2021
Under Arizona law, employers with one or more full-time or part-time employees must secure workers’ compensation insurance. An LLC can choose whether to cover a Member or not.
My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week
I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... View More
answered on Jan 26, 2021
In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... View More
3 Employees were commuting to work in a Company Vehicle. These employees did not stop for any work related errands. They were headed to work from their Hotel. Another Driver made a left turn on a Red Light causing a collision with injuries. Does the company have to file a workers comp. claim. The... View More
answered on Jan 23, 2021
An Arizona attorney could advise best here, but your question remains open for two weeks. As for the personal injury attributes of the accident, those would be handled as third-party injury claims in most any jurisdiction. But from what you describe, it sounds like there really isn't a... View More
Management deleted hours work prior to terminations.
answered on Nov 25, 2020
More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.
If... View More
I requested a few days off for a minor surgery just over a month ago. It was denied because they say i have to be scheduled on the days I want off in order to get paid sick time. At the time I first requested the days the schedule wasn't made yet.
answered on Sep 9, 2020
This is not a workers' compensation issue, it's related to your employment. You will need to find an attorney who accepts employment benefits cases and, in the meantime, you may want to ask your employer for a copy of any employee handbook or manual that has information about your leave... View More
New company, not current employer that I injured while working for them
answered on Jul 21, 2020
Good afternoon and thank you for your question. You are entitled to disability payments anytime you are off work, whether it is for the company where you were injured or another employer after that. You should notify the insurance company and you should be given a form to fill out whether you are... View More
My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... View More
answered on May 14, 2020
Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... View More
with company, an employee and employer was submitted. Commission informed carrier of claim. 21 days passed carrier did not submit acceptance or denial of claim. what are the claimants options?
answered on Apr 23, 2020
Hello, thank you for your question. If you are off work and the insurance company did not accept or deny the claim then they are supposed to pay you until the claim is denied if that's what's going to happen. If you have medical bills those have to be paid also until something is done... View More
I was told by workers comp that I will not be paid when I go to doctor's appointments during work hours
answered on Apr 17, 2020
Good evening, thank you for your question. I am not sure why the doctor's office cannot arrange appointments around your work schedule, unless the work schedule changes from week to week. If you work in the morning then the doctor should schedule an appointment in the afternoon, and the... View More
Ben off 5 months with comp, My Dr says sedentary work restrictions in Jan. Ins company wanted 2nd opinion that Dr said the same thing sedentary duty. 2 weeks later IME Dr thew me under the bus and said I have 0% on report for all areas of any kind. Boss says get to work by Monday morn. Id... View More
answered on Mar 7, 2020
The answer is not a simple yes or no and it depends first on what your injury is, what your regular job is, where you were working when you were injured, who has been your treating doctor, who you believe was a "second opinion" doctor, and who the IME was. It is very rare in AZ to have an... View More
I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... View More
answered on Feb 18, 2020
Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what... View More
I still dont feel better.
answered on Feb 2, 2020
Hello, thanks for your inquiry. That's a good question - I would advise against looking for different work than what you are being offered. The nonprofit place is more likely to accept your limitations from the doctor who put you out on light duty and if not you have a direct contact to your... View More
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