Legal Question in Workers Comp in Arizona

Re: Fired because of on job injury

Great question...lots of people ask this all the time. Unfortunately, you were hurt in Arizona. We have some of the weakest protections against firing of injured workers. Unless you can prove (i.e. with a "smoking gun" memo) that you were fired in retaliation for filing a comp claim, or that your employer violated the Americans with Disabilities Act (which would be that there was no good business purpose in your firing,) you have no recourse.

HOWEVER, not all is lost. Employers who do what yours did are shooting themselves and the comp carrier in the foot. If you're fired after an injury--even if it was for cause--they can no longer argue that they have a job available for you. If your doctor gives you restrictions from work (temporary or permanent,) and you make a good-faith effort to find work within your restrictions and abilities, then the burden will shift to the employer/carrier to prove that you should not be compensated for loss of earnings.

This is a complex situation. Although it sounds self-serving, I have to recommend that you consult with an attorney who specializes in workers' compensation NOW, to make sure that everything is set up right to get you compensation in the future. If you call my office (602-253-1789 or 800-863-4449,) the initial consultation is free and without obligation. Good luck!