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Arizona Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Arizona on
Q: Per 2022 Arizona Revised Statutes Title 23 - Labor § 23-1069 - Attorney's fees; payment; time limitation

My husband was totally disabled by a work injury in 2016. He was awarded a monthly benefit for the rest of his life. The attorney takes 20% of each payment. Per the above Arizona statute, should the attorney's fees stop after 5 years? The WC Insurance sends the monthly payment directly to the... View More

Joel Friedman
Joel Friedman
answered on Jun 13, 2023

The standard for attorney fees in Arizona work injury claims is probably more than the 20% that your husband is paying and typically is 25% of the benefits. The answer to your question is in ARS §23-1069 (A), which provides that the Industrial Commission will set a fee subject to the limits in (B)... View More

1 Answer | Asked in Workers' Compensation, Health Care Law and Public Benefits for Arizona on
Q: I've been working a new job for 3 months. I'm now injured. I need advice as far as FLMA Short term Diss...and Work Comp

I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say.

Joel Friedman
Joel Friedman
answered on Apr 25, 2023

Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor... View More

2 Answers | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA

Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area!

Joel Friedman
Joel Friedman
answered on Mar 10, 2023

Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was fired, rehired, had an OJI. The company says the rehire was a clerical error. Do I have to pay back for the OJI?

I had an agreement to return to work and not arbitrate original termination. I was injured when I returned, requiring surgery. Now the company says it was a clerical error that brought me back. I require another surgery, but the company says I never ACTUALLY returned to work. I was paid OJI... View More

Joel Friedman
Joel Friedman
answered on Mar 1, 2023

Workers' compensation (WC) benefits in Arizona include payment for time lost from work and medical treatment related to an injury. The injury generally is, or should be, covered if you were doing something that benefitted the employer, in or related to the business of the employer, and at a... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can something still be done if my injury was a few months ago (maybe 5 months ago)?

I fell off some stairs at my second job back in June 2022 and I never got paid for the days I worked and was told by employer that since my injury was my fault they were not going to pay for my medical bills nor my missed wages. I kept getting the run around and wasn’t able to get treatment until... View More

Weston Montrose
Weston Montrose
answered on Nov 28, 2022

The Arizona workers' compensation system is a "no fault" system. That means that an injured worker is entitled to claim benefits even if the accident was their "fault" (or part their fault). You have one year from the date of injury to file a claim for benefits with the... View More

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for Arizona on
Q: I have a wc claim in process but the insurance offered me $3,000 dollars but I refuse.i need an attorney to represent me
Joel Friedman
Joel Friedman
answered on Nov 6, 2023

Your question does not have enough information for an attorney to decide if they can help you with your workers' compensation case. I suggest you contact a lawyer directly so you can explain what your claim is about and why you think $3000 is not enough for your case.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for Arizona on
Q: Can you help with some legal advise on what I need to do next?

I worked for a company at the beginning of the year who while working for them. I had to pay a monthly subscription to a software called CRM. I stopped working with them back in April and found I was still being charged for the software. I contacted the owner of the company and advise them via text... View More

Joel Friedman
Joel Friedman
answered on Sep 3, 2023

You are in one incorrect legal area, this is not about a work injury and is not a workers' compensation issue. You should limit your inquiry to employment and business law

1 Answer | Asked in Employment Law, Workers' Compensation, Legal Malpractice and Sexual Harassment for Arizona on
Q: COULD I TAKE LEGAL ACTION?

Good afternoon,

I recently resigned after countless emails to HR, my supervisor, Lead, and management about a co-worker that made some inappropriate comments towards me and after I didn't reciprocate he told other co-workers I was "hard to work with" some comments he made... View More

Joel Friedman
Joel Friedman
answered on Aug 3, 2023

This would not be a workers compensation question and you should focus on finding and answer from an employment law attorney.

Q: When is violations of constitutional rights going to be stopped?. Payson Gila County law enforcement

Violently arrested more than once without good cause while attempting to file my awarded appeal.

Joel Friedman
Joel Friedman
answered on May 9, 2023

I apologize to the person submitting the question, but I don't understand how this is a work injury related question. There is no Industrial Commission office in Payson, only in Phoenix and Tucson, and an appeal would be filed there or at the Arizona Court of Appeals, again with locations only... View More

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Arizona on
Q: My husband was hit by a drunk driver in his work van Workers comp paid 66% & we paid them back with ins settlement

Isn’t he still entitled to restitution for his lost wages, pain & suffering, loss of personal work equipment & mileage? Our accident lawyer says not to apply for restitution. I think it’s because he won’t get a cut…?

He is back to work full-time. Has a low impairment rating... View More

Joel Friedman
Joel Friedman
answered on Jul 22, 2022

This is not a one size fits all situation and the answer to your questions depends on several factors: what were your husband's injuries, how serious were the injuries, does he have any permanent damage (medical impairment or disability) from the accident, has he been able to go back to the... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: My dad was affected and awarded compensation in brush wellman/beryllium lawsuit he said after his death I get settlement

I wanted to know how to go about this finding out if that is true and what needs to be done on my behalf to make sure I am eligible and if I need to file anything in order to finalize and or make sure I’m not unknowingly not taking action needed for my survivors benefits compensation?

Weston Montrose
Weston Montrose
answered on Mar 31, 2022

It sounds like your issue is related to a personal injury or perhaps a class action matter. If it was then you should try reaching out to the attorney who represented your dad (or the lawyer representing the class) to determine what you need to show to establish your interest in the settlement. I... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: I am being exposed to cleaning chemicals at work, by a business next door to where I work. Can I take them to court?

They say they are allowed to dump there by the City of Sedona, I stand above the drainage pit all day for 9.5 hours every day, for 8 years, burning eyes, throat, lungs. I have complained to my boss, his boss, the business that's dumping, and the city of sedona, who says they are allowed to do... View More

Joel Friedman
Joel Friedman
answered on Feb 25, 2022

Thank you for your inquiry. I see a couple of issues you want to follow up. I would first contact the Arizona Department of Occupational Safety and Health (https://www.azica.gov/forms/adosh2213) and the US Department of Occupational Safety and Health (I don't have a link to the federal form),... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Workers comp claim terminated, want to quit my job... however...

I received my workers comp letter and any benefits were terminated. I feel this was wrongfully done and I am bringing it up with a lawyer currently. However, I want to quit my job and go elsewhere while all of this is going on. Can I quit my job and work elsewhere without facing any consequences... View More

Joel Friedman
Joel Friedman
answered on Jan 16, 2022

This is a question you really should be asking the lawyer you apparently already have on your WC case. It's a common issue and any serious WC attorney will be able to advise you, especially knowing more about your current injury-related medical condition and why you disagree with your benefits... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Hi there so broke my hand at work 4 to 5 weeks ago . in that time I have seen doctor every week. 1 week into break I wa

I was released to go back to work. Just don't use hand..as of today my hand is not in a cast and it should have been weeks ago. My hand hurts and will heel wrong . so future looks bad for hand. They did give me a wrist brace with wrap. This all sounds not right. This is a workmans comp.... View More

Joel Friedman
Joel Friedman
answered on Dec 17, 2021

Good morning. It's not clear from your message how you believe your hand was broken and should be in a cast (like an x-ray or something else), and why you think you cannot do your regular work, since you apparently have been to a doctor who would make those decisions. It will make a difference... View More

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: What is the penalty, if any, in AZ for failure to abide by a judicially approved stipulation in a work comp case?

The insurance company stipulated in writing to provide among many other things, an electric cart to a disabled employee as part of a settlement that included an award for future medical support care. The stipulations were approved by the Industrial Commission. Now, three years later the insurance... View More

Joel Friedman
Joel Friedman
answered on Oct 3, 2021

Thank you for your inquiry. There is no automatic right to the same medical benefits permanently and there is no automatic penalty. if benefits are being denied the first option is to request a hearing investigation under ARS 23 1061J. The industrial commission will send a notice to the insurance... View More

Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... View More

Joel Friedman
Joel Friedman
answered on Aug 14, 2021

I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... View More

Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman
answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... View More

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Hi I'm subcontractor I have my LLC i don't have employees just my self I need carry workescomp by az law?
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answered on Feb 5, 2021

Under Arizona law, employers with one or more full-time or part-time employees must secure workers’ compensation insurance. An LLC can choose whether to cover a Member or not.

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Does my employer need to pay me a profit share after I left the company?

My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week

I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... View More

Maurice Mandel II
Maurice Mandel II
answered on Jan 26, 2021

In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... View More

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