Hello and good evening. You are entitled to wage loss disability payments if you miss time and income from work after a work injury. There are exceptions, like if there are conflicting medical opinions about your ability to work - one doctor says you can do anything and another says you can do...Read more »
Good evening. It's not clear what state you are in, but if it's Arizona, there is no time limit on the workers' compensation wage loss benefits you are entitled to for missing work. There may be other benefits, like wage loss supplemental benefits from your employer that run out, but...Read more »
The injury has progressed to almost no ability to use arm. Never had final settlement or got arm fixed. Was cut off by case mgr, daughter in serious car accident out of state, had permission to leave for 3 weeks and was sent a 20 day notice same day got permission and left. Cut off and refused to... Read more »
I would have to review your medical records with you, but the legal answer is that IF you have a doctor who can associate your current condition with the original injury, you have a right to petition to reopen your case. I meet with potential clients at no charge, and it will be better for us to be...Read more »
Your question is outside my practice area (work injuries) and I don't know any other lawyers who might be able to help. My first impression is that the fact you didn't know what was in the envelope until you opened it probably does not create an exception to the no tips rule, so if you...Read more »
Your temporary partial disability (TPD) payments are payable every 30 days, so you should be due again if you're still on the same work status. You also should already have received and sent back to the adjuster your monthly report of job search attempts (mandatory, at least an average of 3 a...Read more »
Your average monthly wage, the term used in Arizona for determining your benefits payments, is set by the industrial commission and not by the insurance carrier. If you have not received a notice of average monthly wage, again from the industrial commission itself, you should send copies of your...Read more »
Arizona work injury floor recognizes psychological injuries if the stress is unusual, unexpected, or extraordinary. The incident or circumstances must be stressful to an ordinary reasonable person, so if there are pre-existing psychological issues, it is more complicated and sometimes more...Read more »
Thank you for your question. You can change jobs at any time, and the claim will not be affected unless the new position pays less than your light duty work. The insurance company can continue to take a credit for wages you could have earned at the light duty position if it is more than what you...Read more »
Workers' compensation (WC) plans are all state based. The state plan will not cover federal employees even in the state (they are covered by various federal WC plans depending on the agency), and most companies owned or operated by Native American nations are not covered by state plans unless...Read more »
This gets to be a complicated issue, and the first question is if the doctor has him on a light work or full work duty status. The law is not entirely clear, but once he has been on light duty for 30 days, he probably should get compensated if his actual earned wages are less than what he was...Read more »
YES. Arizona workers' compensation law requires any employer with at least one employee to obtain coverage. There are several options, and even though my practice on the representation of injured workers, I can offer some suggestions at a very reasonable cost. You can reach me directly at...Read more »
If your employer does not have insurance you are allowed the option of suing directly or filing a claim that will be processed at the Industrial Commission of Arizona (ICA) Special Fund, No Insurance Division. The question will be if you in fact were an employee and not what could be considered an...Read more »
i am a caregiver in AZ got injured while transferring a client, workman's comp said they will pay for medical but not for lost wages. my employer did ask if i wanted to come in the office and work light duty, but the medication the doctor gave me makes me drowsy and tired so i said i... Read more »
There appear to be several questions here, the first of which is can you change doctors if you are not satisfied with the one you have. The general rule is that you have the right to select your own health care provider, and there are some exceptions depending on whether your employer Is both...Read more »
I am not sure of the question, and the short answer is that once you have been paid benefits for time loss from work - disability, there is no restriction on your use of the money. It is a substitute for your wages-salary
I was permanently injured in a car accident in 2010, I was able to work through that injury, this new work injury (required knee surgery (unsuccessful)) of 03/18/16, I am not able to, and the employer has refused to employ me further.
I can't answer your question about your employment situation. The 2016 knee injury generally can be "unscheduled" IF you have a prior Arizona work injury that also was scheduled OR if you had a previous unscheduled injury that was determined to cause a reduction of your earning...Read more »
Arizona is a no-fault workers' compensation state, so even if you were injured doing work outside of your assigned bargaining unit or job description you are still covered. The issue of work outside the scope of your contract is a matter for the Union and your employer, and has no effect on...Read more »
The general rule is that you are able to sue a third party responsible for causing your work injuries. There are some exceptions depending on the type of work you were doing and the relationship between your employer and the third party. I can be reached over the weekend at 602-492-5331. I am in...Read more »
The negligence of an employer is not grounds to receive anything more than workers' compensation benefits. The Arizona WC system is set up to eliminate issues of both employer and employee negligence. You are entitled only to wage loss benefits set by law (and no more) and reasonable and...Read more »
I do have an open workmans comp claim. Is it possible to still sue my employer if I can prove my employer engaged in intentional or egregious (flagrant or exceptionally bad) conduct? I can prove the employer's actions were deliberate and certain to result in my injuries. The proof being the... Read more »
What you are describing may be gross negligence or even egregious conduct, but it probably does not meet the criteria for an intentional tort (e.g., your supervisor or a manager or principal-owner deliberately ran you over in a company vehicle because of a work dispute). There are VERY few...Read more »
You can, and will be required to, work if you are released by your doctor or the insurance company's doctor to "light duty." You are not supposed to work, even at something you think you can do, if your doctor has you on a "no work" status, and doing so may affect your case
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