they can't deny my workers' comp claim after, can they?
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... View More 
injury claim or do I have to pick one route?
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... View More
compensation beyond the realm of workers' comp if my employer is found to be negligent?
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... View 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... View More
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... View More
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
answered on Oct 25, 2016
That is not unusual in Arizona if your husband is getting permanent disability benefits payments. The insurance companies sometimes will schedule personal meetings and other times will just set up a telephone conference, so it is up to you and your husband if you want them to come to your house or... View More
I'm not able to do My usual work but have had no vocational training
answered on Oct 18, 2016
Arizona work injury law does not require an insurance company or employer to retrain an injured worker who is not able to go back to their date of injury job. The law provides that the injured worker who has what is called an "unscheduled" injury (I.e., low back, neck, shoulder, hip, or... View More
answered on Sep 7, 2016
You can file an OSHA report but that may give you bounce back at work. If you mean can you file an unsafe work practices case? Most states no. Workers comp is a law enacted to shield employers from claims, so the law doesn't give you much outside of it.
I hurt myself at work, so I filed with workmans comp, they excepted my case at first but closed my case after a second opinion from a doctor of there choice, W/C attorney says it's my word against theirs, can I hire a personal injury attorney for my case?
answered on Sep 6, 2016
Whenyou asay WC attorney was that someone you went to? If you mean the adjuster, they work for the company. Sometimes they will try to steer you in the right direction but they know who pays their check. Contact a member of the Az Trial Lawyers Assn who handles workers compensation--they give free... View More
answered on Aug 8, 2016
You may look for work if you are medically cleared, making sure that you do not take a job that requires more than you are able to do if you have any work restrictions, especially from your injury. You are not bound to the company where you were hurt and can look for a new job if they don't... View More
answered on Aug 8, 2016
You are not required, but may elect (if you can secure coverage), to have have workers' compensation insurance if you are the owner and sole worker.
See http://www.ica.state.az.us/Claims/Forms/Claims_FAQs_WorkersCompensation.pdf... View More
Employer failed to repair open floor drain on high traffic area surrounded by dangerous kitchen equipment after two months of employees request to do so, resulting in employee injury. Workers comp is addressing injury. Can I bring civil suit against employers for Willful Neglect?
answered on Jan 21, 2016
Unclear if this would constitute gross negligence and extent of injury is also unclear. Talk to an injury and/or worker's comp lawyer ASAP.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT... View More
This is in Arizona.
answered on Nov 8, 2015
There aren’t many lawyers answering employment law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information.... View More
Rotator cuff injury. Two surgeries to date and will be having a shoulder replacement.
answered on Nov 8, 2015
There aren’t many lawyers answering worker's comp law questions in Arizona. You can use the Find a Lawyer tool on this site to search for and contact a lawyer.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general... View More
if there is an open (accepted) work comp claim, but carrier is denying/delaying treatment, can one proceed with treatment under private insurance until authorization is received for treatment by workers comp carrier? Additionally, if there is an open accepted workcomp claim and carrier is delaying... View More
answered on Oct 11, 2015
There aren't a lot of lawyers answering workers' comp questions in AZ, but you can use the find a lawyer tool to look for one to contact.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT... View More
answered on Aug 28, 2015
There aren't a lot of lawyers on this site answering Arizona worker's comp questions. You can use the Find a Lawyer tool to look for lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given... View More
I CUT MY OWN HOURS DUE TO THIS BUT CAME BACK FULL TIME , I WAS TOLD I SHOULD WAIT A FEW MORE WEEKS BECAUSE THEY GO OFF YOUR RECENT PAY , IS THIS TRUE?
answered on Aug 19, 2015
There aren't a lot of lawyers on this site answering Arizona worker's compensation questions. You can use the Find a Lawyer tool to look for lawyers.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that... View More
answered on Mar 10, 2011
You should either file with your local Commission or have an attorney in your area assit you in doing so. If the insurance company/employer will not voluntarily do what they are supposed to do by law, then you have to move before your Commission seeking an Order making them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
