Legal Question in Workers Comp in Arizona

I have had major back surgery due to an accident at work, I was released by the IME and have a 12% disability.I asked my doctor to release me even though I am still in pain.I have returned back to work only having to leave in pain on every shift I have worked. I am looking for other employment that is not so physical. Do I have any right to a settlement/


Asked on 7/04/12, 8:11 am

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Unfortunately, you might not. Arizona law only awards you a monthly benefit if you cannot return to your former employment. That must be stated by a doctor. The fact that you DID return is pretty clear evidence that you can return.

If, however, you are not back at true full duty, then if you change jobs, and if your new job pays less than the Average Monthly Wage that was set on your claim, then you might have an entitlement to monthly benefits.

Settlements are only possible when you have first established that you are entitled, or are likely to become entitled, to monthly benefits. You can also settle your future medical rights to certain types of care, but I rarely recommend that option.

You need to speak with a certified specialist in workers' compensation law. I will be happy to speak with you without obligation, and the consultation is free.

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Answered on 7/09/12, 2:02 pm


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