Legal Question in Personal Injury in Arizona
Injured at workplace
On 3/16/02 I received a written warning, from my emplouer, regarding absenteeism and the consequence of which could be termination.
On 3/22/02 I slipped and fell on a piece of ice in the freezer at my workplace, injuring my left hand. I fininshed working the last hour of my shift and went home without reporting the incident. I thought my hand would be in better shape by morning and I would not have to face the possibility of termination.
Morning came and the pain was much worse. I went to urgent care and was told I had a stress fracture and would not be able to work for at least two weeks. On 3/25/02 I was fired for failing to appear for work the previous Saturday.
Am I entitled to workmens compensation and/or unemployment benefits?
1 Answer from Attorneys
Re: Injured at workplace
You are "entitled" to workers' compensation or unemployment, but probably not both. UIB is payable only when you're capable of working and can't find it. WC is available for when you can't work. You get the idea.
Although you're eligible for comp, you're going to be facing a defense argument that suggests you filed your claim in retaliation for getting fired. Fortunately, your employment status with the company has nothing to do with the compensability of your claim. This is the kind of case that is probably hard to win on your own, so you might want to consider consulting with an attorney.
My office is available for free consultations at 602-253-1789 or 800-863-4449.
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