Legal Question in Workers Comp in Arizona

Re: Workman's Comp

Your question cannot be answered without more information. When an injured worker is on "light duty" he is entitled to 2/3 of the difference between his Average Monthly Wage and his current earnings (or possibly his earning capacity, if he can work but isn't trying).

The maximum Arizona Average Monthly Wage is $2400. Two examples may help. First, if he was making $3600 per month, his AMW is $2400 and if now they'll only pay him 2/3 of that, or $2400, then legally he's considered to have no compensable loss of earnings, and he would receive no compensation.

Second, if his AMW is $2100 per month, and now they'll only pay him $1400 per month, then he has a compensable loss of $700, and he would receive 2/3 of that amount, or $466.69, in compensation per month.

It sounds like his employer is ignorantly thinking that they will eliminate his entitlement to compensation by paying him the amount workers' compensation would pay, but that's not how it works.

Feel free to call my office for a free, no-obligation consultation.