Legal Question in Workers Comp in Arizona

I have been fired

In an auto accident on the job in Aug. Should have been W.C. Put on STD. Files a claim. Changed to W.C. in Nov. back to light duty Nov. 15 fired Nov 19. Can a W.C. lawyer help me. Will I be able to collect unemployment?


Asked on 11/21/04, 1:28 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: I have been fired

First of all, Arizona law does not keep an employer from firing an injured worker while he/she is off due to a work injury, so the answer is no, a workers' compensation lawyer cannot help you get your job back. However, being fired does not disqualify you from receiving lost-wage benefits from workers' comp, but you'll probably need a lawyer (I humbly suggested a certified specialist, such as myself) to make them pay.

You are eligible for unemployment if you are capable of performing a wide variety of jobs in your labor market. It is usually difficult (although possible) to seek workers' compensation disability benefits and unemployment at the same time. If you are still under treatment, but released with minor restrictions, you are definitely eligible for unemployment (although I have no idea whether you qualify.)

Feel free to call my office for a free one-time phone consultation. My assistant will take some information from you, and then we can discuss your concerns further. We can be reached at 602-253-1789 or 800-863-4449.

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Answered on 11/21/04, 11:49 pm


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