Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Still in workman’s comp my case worker asked where and when I start my new job and if they will accommodate me with my restrictions? Do I have to answer and can they call to verify what I tell them?
answered on Apr 3, 2018
You don't have to provide the information but if you are making less money and you want to be paid for lost time-dollars, you will have to document your new work and income. Your WC carrier should not contact your new employer. You have to be very careful not to exceed the work restrictions... View More
Further ordered to rearrange. Tells my disability percentage and says no LEC. Also "further ordered" commission retains jurisdiction to see if my physical condition changes they can alter.
Do I still get the LEC award aggreed too and can they take that award back at a later time if I get better?
answered on Apr 2, 2018
I would need to see the actual settlement agreement, but the language you cite from the ALJ approval is standard "boilerplate." The ICA always retains jurisdiction over a case, for future medical benefits and even in some limited circumstances for future disability payments. I expect your... View More
Fractured my talus bone. Did not get a drug test. Assistants didnt follow procdure. They were arguing on who was going to take me. In the end went home then next day to hospital. After that went to work and the hr lady sent me to fasmat. Had another ex ray done nothing. Till the third time did mri... View More
answered on Apr 1, 2018
Thank you for contacting me about your work injury. There is no,legal requirement for a drug test and failure of your co-workers or supervisors to follow some company procedure also does not affect your right to benefits. I'm not familiar with a medical facility named "fasmat" and... View More
answered on Feb 25, 2018
This is only partly true, if you missed less than one week of work. If you are off work less than 2 weeks, you get paid only for the days after week 1, and if you are off work or on limited duty and not earning your regular wages for more than 2 weeks, you will be aid back to day 1. feel free to... View More
I have an employee that was injured on the job but are refusing to allow the employer to file with workers compensation stating it was a preexisting condition and they are instead filing the claim with their own insurance. Can an employee turn down workers comp? Does this place additional... View More
answered on Feb 23, 2018
The injured worker is not required to file a workers' compensation (WC) claim, and the employer does not have the authority to do so on the worker's behalf. There is no additional liability for the employer if no claim is filed, and the worker actually has up to one year from the date of... View More
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... View More
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?
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... View 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... View More
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... View More
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?
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... View More
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?
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... View More
Both jobs Even though I have check stubs from both jobs at the time of injury can they do this?
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... View More
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... View More
i'm going from sheet metal machine operator to desk job.
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... View More
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... View More
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?
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... View More
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... View More
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... View 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... View More
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... View More
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
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.
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... View More
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