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Arizona Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: I got a head injury on the job and if my employee doesnt pay me the weeks that i missed can i sue them ?
Joel Friedman
Joel Friedman answered on Feb 21, 2018

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I am on workers comp and coming up on a year. I have surgery again at the one year mark. Is there a way to extend wc?

The surgery is related to the original injury and cannot be completed until the one year mark. I am told that I only get 2080 hours and then I'm on my own. Also, easy lawsuit if this is the case?

Joel Friedman
Joel Friedman answered on Feb 21, 2018

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Injured in 2011. For a year went to their Drs but they couldn't pin point injury. Cut me off but worse now, can i reopen

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 »

Joel Friedman
Joel Friedman answered on Jan 7, 2018

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 »

1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for Arizona on
Q: I was working(movie theater) on Christmas where we can't accept tips, but got an envelope "Merry Christmas" with money

I accepted thinking it was just a Christmas card, and opened at the end of my shift, had $40 inside, and am being asked to return it upon receiving a tip, do I have to return it?

Joel Friedman
Joel Friedman answered on Dec 27, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Once an initial monthly statement is submitted to workers' comp, how long should it take to receive payment?

My status changed from Temporary Total to Temporary partial in

late September. Last bi-weekly payment was early October.

How can I ensure that payments are made in a timely manner and I am not subjected to the whim of the adjuster on when they want to pay?

Joel Friedman
Joel Friedman answered on Nov 14, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Workers comp insurance refuses to pay lost wages for my second job stating that there's no way I could have worked

Both jobs Even though I have check stubs from both jobs at the time of injury can they do this?

Joel Friedman
Joel Friedman answered on Nov 13, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can you file a workers' comp claim for a psychological injury?
Joel Friedman
Joel Friedman answered on Nov 1, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: im on light duty workers comp,can i resign and get a new job but still finish my treatment. new job is not physical.

i'm going from sheet metal machine operator to desk job.

Joel Friedman
Joel Friedman answered on Oct 11, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Is workers' comp all state based or do the feds get into it?
Joel Friedman
Joel Friedman answered on Sep 21, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: My fiance just got hurt on the job and has had to go to the DR and physical therapy during regular working hours.

His HR Rep has told him the company wont pay for the hours he had to see the DR and physical therapist during regular working hours. Is this correct for the state of AZ?

Joel Friedman
Joel Friedman answered on Aug 11, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I have a small business with under 10 folks working for me, do I need workers' compensation insurance?
Joel Friedman
Joel Friedman answered on Jul 20, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: What if you are hurt at work and your employer doesn't have workers comp insurance?
Joel Friedman
Joel Friedman answered on Jul 1, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: recently got injured at work and i am on work comp. can i change doctors if im not comfortable with the one they picked?

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 »

Joel Friedman
Joel Friedman answered on Jun 8, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can you use workers compensation benefit funds for any living expense?
Joel Friedman
Joel Friedman answered on Jun 2, 2017

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

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Arizona on
Q: What do I need to do to show that my work injury is unscheduled apposed to scheduled

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.

Joel Friedman
Joel Friedman answered on Apr 17, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I'm a union worker. If my employer tells me to perform a task outside of the scope of my contract and I get injured,

they can't deny my workers' comp claim after, can they?

Joel Friedman
Joel Friedman answered on Feb 1, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: If I was injured by a third party at work, can I file for workers' comp against my employer and file a separate personal

injury claim or do I have to pick one route?

Joel Friedman
Joel Friedman answered on Jan 13, 2017

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was injured on the job from what I suspect was an unsafe work condition. Who regulates this and can I receive

compensation beyond the realm of workers' comp if my employer is found to be negligent?

Joel Friedman
Joel Friedman answered on Dec 22, 2016

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 »

1 Answer | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Is it possible to sue my employer?

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 »

Joel Friedman
Joel Friedman answered on Dec 3, 2016

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 »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can I be on workers' comp and also work if there are work responsibilities that I can still do while I recover?
Joel Friedman
Joel Friedman answered on Nov 15, 2016

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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