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Arizona Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Arizona on
Q: Hello. I was injured at work. Was put on light duty 4 hours or so per day. Apts are scheduled by dr office during work

I was told by workers comp that I will not be paid when I go to doctor's appointments during work hours

Joel Friedman
Joel Friedman
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

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Workers Comp and returning to work. Im still in pain

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

Joel Friedman
Joel Friedman
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

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for Arizona on
Q: Im on sedentary work and my WC stopped. If Im stuck like this what happens? Full abdominal reconstruction. IME next.

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

Joel Friedman
Joel Friedman
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

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: My surgeon released me light duty, must I take back 2work program non profit or can I find my own job?

I still dont feel better.

Joel Friedman
Joel Friedman
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

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: JAN 2019, I STARTED WORKING ON THE 14TH AND SIGNED ON FOR A GUARANTEED PAY FOR THE FIRST YEAR OF 35K THAT CHANGED IN JUL

JULY OF 2019 TO THE AMOUNT OF 45K WHAT AM I OWED FOR THE GUARANTEED PAY?

Joel Friedman
Joel Friedman
answered on Jan 18, 2020

I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can I still get compensation if I didn't seek medical attention right away?

I injured my back at work nearly a year ago. At the time, I thought it was minor, so I didn't report it or seek medical attention. However, months later, it is still causing pain and limiting my activities at and outside of work. I realize in hindsight that it was more severe than I had... View More

Joel Friedman
Joel Friedman
answered on Nov 19, 2019

You have one year from the date of the injury to file a claim at the Industrial Commission of Arizona (ICA). You can still do that if you are actually less than 365 days out. The more serious problem from your message is that you did not report the incident or what you thought might be an injury,... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: I got injured on the job 30ft fall. I’m on workman’s Comp. Is there a case for not supplying safety equipment.

Broke foot, pelvis, arm, L4&5, and dislocated shoulder. Company didn’t offer safety harness. Which they have implemented now after my accident. Also concerned about my future that I might not be able to return to the position and future pain and surgery and loss of mobility.

Freddy Saavedra
PREMIUM
Freddy Saavedra
answered on Oct 15, 2019

To address your first question, in Arizona an injured employee who is receiving worker's compensation benefits is normally barred from bringing a personal injury claim against his employer. While it is possible for said employee to bring a lawsuit against his employer, these lawsuits are very... View More

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1 Answer | Asked in Contracts, Criminal Law, Employment Law and Workers' Compensation for Arizona on
Q: Live in caregiver and client’s son verbally agreed upon a set payment amount and schedule but still hasn’t been paid.

I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... View More

Mike Branum
Mike Branum
answered on Sep 13, 2019

You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.

2 Answers | Asked in Workers' Compensation for Arizona on
Q: If a worker calls a nurse triage line to report an injury but refuses a triage, is there any liability on the nurse if

something happens later in relation to that initial injury? Technically the nurse/patient relationship starts as soon as a nurse answers the phone but a patient has the right to refuse treatment in any other setting.

Joel Friedman
Joel Friedman
answered on Sep 12, 2019

Thank you for the question, but I don't think it has anything to do with a workers' compensation claim. The issue is more related to liability of a healthcare provider when the "patient" does not accept treatment in the first place. The general rule is that the provider is... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Does my employer have a legal right to attend my workman's comp. Dr's appointment?
Joel Friedman
Joel Friedman
answered on Mar 20, 2019

No, your employer is not permitted to attend your actual medical appointments. The insurance company can hire a nurse case manager to help coordinate medical care but even that person does not have to be allowed in the room with you and your doctor(s). Feel free to call, no charge, to review more... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: What can a provider do if a carrier does not pay the claim correctly. A pymnt dispute has been submitted 3x.

We have disputed an underpayment by an insurance carrier for a workmans compensation claim three times. The carrier refuses to pay the claim according to the Industrial Commission of Arizona's fee schedule and guidelines.

Joel Friedman
Joel Friedman
answered on Jan 16, 2019

There is some question if the ICA has jurisdiction over disputes between carriers and providers. If you

e-mail me at jfriedman@cruzfirm.com

I will give you contact information for a couple of local attorneys who may be able to help you. Please reference your Justia inquiry. Thank you

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can employer require me to pay upfront for transportation to and from work?

I broke my tibia at work in November - had to have surgery and have been off work for almost 8 weeks. My doctor has released me for seated work only, but I am unable to drive for another few weeks. My employer has requested that I return to work on January 2nd but has advised that I will have to... View More

Joel Friedman
Joel Friedman
answered on Dec 27, 2018

We typically have transportation provided for clients at the insurance company's expense - there are car services known to most if not all carriers. I do not have clients pay and wait for reimbursement, and it is the insurance company's responsibility, not your employer. There is no... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I get benefits at my job but I'm a part-time worker. Am I still eligible for workers' comp benefits?
Joel Friedman
Joel Friedman
answered on Dec 27, 2018

You are eligible for workers' compensation benefits regardless of your full or part time status. The difference will be reflected in what is called your average monthly wage and the amount of your benefits payments when you are off work or miss enough time to qualify for wage loss payments.... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Arizona on
Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money

I was involved in a Roll over car accident at work. I was not at fault, a drunk driver ran a red light and hit me. I was taken to icu and hospitalized for 6 months and I home care for 3 months, workers compensation paid my medical bills. I sued the at-fault driver with a personal injury lawyer and... View More

Freddy Saavedra
PREMIUM
Freddy Saavedra
answered on Dec 10, 2018

In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: My coworker rear-ended my car in our company's parking lot and it hurt my back. Can I get workers' comp benefits?
Joel Friedman
Joel Friedman
answered on Nov 20, 2018

The short answer is - it depends. There are some situations when you are covered for WC benefits in a company parking lot. I would need to know if you were getting to or leaving work and exactly where in the parking lot the accident occurred. There also are likely to be questions about how fast the... View More

1 Answer | Asked in Employment Discrimination and Workers' Compensation for Arizona on
Q: I got fired after filling work injury, the reson i got fire was because i didnt get approved to work with a member.
Joel Friedman
Joel Friedman
answered on Oct 3, 2018

Thank you for your question. I am not sure I understand the issue, you can each me after 9:00 a.m. this morning at 602-492-5331 so we can review the specifics of your situation. Thanks again

2 Answers | Asked in Workers' Compensation for Arizona on
Q: If my husband files for workers' comp, can he also get SS disability?
Joel Friedman
Joel Friedman
answered on Sep 14, 2018

The short answer is yes. There is a maximum combined payment based on his earnings record, usually from the 5 years before the injury or before he qualifies as disabled. There are other ways to calculate the maximum combined benefit amount, and Social Security is supposed to use the one that... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was hurt but it was off the clock - does that make a difference in my claim?
Joel Friedman
Joel Friedman
answered on Aug 11, 2018

I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was injured 2015,and my supervisor was witness. My foot was swollen for over a week and I still went to work for 3 day

I told the secretary but nothing was done. What should I have done differently?

Joel Friedman
Joel Friedman
answered on Jun 9, 2018

Thank you for contacting me with your work injury question. There is nothing you can do now about a 2015 injury, and in the future if you are hurt at work you are required to notify a supervisor or manager as soon as possible, and you are required to file your own claim with the Industrial... View More

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Arizona on
Q: I've been scheduled for a IME with the same Dr. that did the IME that closed my case. Can I request a different IME Dr?

This IME closes nearly all cases he is involved in?

Joel Friedman
Joel Friedman
answered on May 4, 2018

You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow... View More

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