Legal Question in Workers Comp in Arizona

Arizona Work Comp rights

my boyfriend fell 31 ft while doing iron work and he is now paralyzed from the waist down. the doctors say his injury is complete. he is getting 60% of his wages and has 3 children he is suppose to be paying support for. His injuries are permanent. Is he entitled to a settlement, if so when should he should he pursue this? it seems all they are interested in is giving him more pain pills and this is changing his behavior. I am getting really concerned. what are his rights


Asked on 6/28/07, 2:11 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: Arizona Work Comp rights

Settlements are not written into the Arizona workers' comp laws, although they are permitted. You cannot go to court and be awarded a settlement. You can only get a lump-sum settlement by reaching a voluntary agreement with the insurance carrier. What you CAN do, however, is get the best-possible monthly permanent disability award, and the larger the monthly award, the more a carrier will be willing to pay on a lump sum settlement.

Getting the best-possible monthly award is sometimes easy for a catastrophically-injury worker like him, but not always. He should call a specialist (like me!) for a consultation to make sure he is getting everything to which he is entitled.

Unfortunately, your question mixes in another issue, which is of great concern. Settling his case has nothing to do with his use of pain pills or his behavior. A settlement will not reduce his pain or his need for medication. I often represent people who don't need more money, but they do need a lawyer to fight for better/more medical care (including psychological treatment). Perhaps he should be considered for such a consultation?

Best wishes.

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Answered on 6/28/07, 3:44 pm


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