Legal Question in Workers Comp in Arizona

My arm was broken on the job and I cannot do my job now. I am a CDL truck driver. I am also unable to operate any equipment at work, as I am in a full arm cast w/ sling. Doctor released me to go back to work on "LIGHT DESK DUTY" only. My employer says no such thing as light desk duty only, so he sent me home, since I could not physically operate a register, bag items or work the computer, due to the limited ability & the pain in my arm, neck & back. Employer says do not come back to work until your doctor can fully release you to perform the work needed. Doctor says it's on the employer but my employer says its up to doctor to say when will I be able to perform these tasks. What am I supposed to do?


Asked on 12/03/14, 4:21 pm

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Your workers' compensation carrier will have to pay you for time lost under these circumstances. As you probably know, that will not be anywhere close to 100% of your lost wages, but that is all you can claim. If your employer is large enough, they might be violating the American's with Disabilities Act by failing to accommodate your disability, but you would have to seek help from the EEOC and/or a labor lawyer about that.

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Answered on 12/22/14, 12:53 pm


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