Legal Question in Workers Comp in Arizona

Can not accomodate perm restrictions

After 2 back operations due to a slip and fall at work in 06 I am now reaching MMI and my employer of 11 years will not accomodate my restrictions. I have found other employment with in my restrictions however it pays $10,000 a year less. Is there any thing an attorney can do for me? All medical and work comp has been paid since injury. Will I been penalized for seeking other employment? Will work comp pay any money monthly since my new position is at a lower salary? Please help!!


Asked on 3/23/07, 12:33 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: Can not accomodate perm restrictions

The answer to your question is MAYBE! Unfortunately, Arizona is 48th out of 50 states in the level of workers' compensation benefits. You are not compensated for a loss of earning power above your average monthly wage. The cap on that is $2400 per month. For example, if you were making $50,000 per year, and now you can only earn $40,000, you are still deemed capable of earning $3,333 per month...way over the cap of $2400, so you would get nothing for your $10,000 loss.

If you think this is wrong, you should consider contacting your state legislator this week. Next Wednesday, March 28, the House Commerce Committee will consider a bill to raise the average monthly wage. Business lobbyists are trying to hold an increase hostage, so that they can tack onto the bill provisions that will benefits businesses, not workers. Ask your legislator to support raising the average monthly wage with no strings attached. (Unfortunately, any such bill will not have retroactive effect, and will not help you directly.)

If your loss of salary takes you below $28,800, you can contact me to discuss how you might be entitled to some permanent disability compensation.

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Answered on 3/23/07, 2:08 pm


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