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Arizona Workers' Compensation Questions & Answers
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... View 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... View 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... View 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... View 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... View 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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: My husband injured on the job in 2007, comp insurance rep wants to come to our house. Why would that be should we let t
Joel Friedman
Joel Friedman
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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: What can I do. I've filed an appeal

I'm not able to do My usual work but have had no vocational training

Joel Friedman
Joel Friedman
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

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on
Q: Management knowingly put my safety at risk in the work place. Can anything be done about it?
Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Personal injury lawyer

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?

Peter N. Munsing
Peter N. Munsing
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

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: can i change job while on a work comp case, my employer is saying he has no work, after i am cleard to work.
Joel Friedman
Joel Friedman
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

1 Answer | Asked in Workers' Compensation for Arizona on
Q: As president but only worker of an AZ S-corporation do I need to have workers' compensation?
Joel Friedman
Joel Friedman
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...
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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Employer executed Willful Neglect causing injury to employee. Has Workers comp. can I bring civil suit in Arizona?

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?

Adam Studnicki
Adam Studnicki
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...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Got fired for cause. Still on restrictions from work injury. Does my nowformer employer still have to pay me lost wages?

This is in Arizona.

Adam Studnicki
Adam Studnicki
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....
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: My workmans comp checks were stopped ten months ago. I went before the judge and case was reopened. Will i get back pay.

Rotator cuff injury. Two surgeries to date and will be having a shoulder replacement.

Adam Studnicki
Adam Studnicki
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...
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2 Answers | Asked in Workers' Compensation for Arizona on
Q: Question regarding Arizona workers comp law

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

Adam Studnicki
Adam Studnicki
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...
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2 Answers | Asked in Workers' Compensation for Arizona on
Q: I wrk 2 jobs, hurt foot on 2nd job, I sit at 1st job. Is it mandatory w/comp use pay stubs at 1st job to determine wage
Adam Studnicki
Adam Studnicki
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...
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2 Answers | Asked in Workers' Compensation for Arizona on
Q: I HAVE BEEN AT MY JOB FOR 6 YEARS AND NOW HAVE TENDINITIS IN MY ELBOW, WILL THIS BE COVERED BY WORKERS COMP.?

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?

Adam Studnicki
Adam Studnicki
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...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I got hurt at work in dec 28th 2010 and workmans comp is not paying me yet what do i do ?
Gary Christmas
Gary Christmas
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.

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