Legal Question in Workers Comp in Arizona

Disability

I herniated a disc in my back at work, and have been on disability because of it, my employer recently laid me off and cut off my insurance benefits without my knowledge and didn't inform me until 3 days after they had cut my benefits. Is that legal, and what can I do about this?


Asked on 9/23/08, 5:13 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: Disability

Unfortunately, voters in Arizona (most of whom are working people) continue to vote for Republican legislators, who in turn have written our labor and workers' compensation laws VERY favorably to business. People seldom do their homework and vote for legislators who will actually protect their real, everyday interests (as opposed to standing for some theoretical ideology).

Arizona has no law prohibiting what happened to you. I don't know about the insurance issue, as that is for an employment law attorney, but in this state an employer can lay off or even fire a worker who is disabled from work due to an on-the-job injury. The only recourse is if the worker can prove that the firing/layoff was in retaliation for the filing of the claim (almost impossible to prove.)

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Answered on 9/23/08, 5:54 pm


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