Legal Question in Workers Comp in Arizona

Re: can I be fired

First the bad news. You're not working in the best state of the union for this situation. Arizona is an at-will employment state, which allows employers to terminate employees without cause, even if they're recovering from an injury, as long as it's a business necessity to do so.

But...The Americans with Disabilities Act and Arizona Civil Rights Act are still alive a kicking. An employer should make reasonable accommodations for an injured employee. That would include giving you light work that is available and for which you are qualified.

Having an attorney negotiate with your company is generally not constructive. Once the company hears from him/her, they're basically in a defensive posture. In my opinion, you're better off privately consulting with an employment attorney first, and letting them guide your actions.

This is not, however, technically a workers' compensation issue. The W.C. Act in Arizona does not directly affect your rights or the employer's responsibilities. However, if you are still unable to earn as much as you did before you were injured, and they let you go (or even fire you, for that matter) their insurance carrier will have to pay compensation benefits (assuming all the other requirements for receiving comp have been met.)

If you call my office (602-253-1789, 800-863-4449) I'll be glad to give you the names of some employment law specialists, and also discuss your workers' comp claim in more detail. Initial consultations are cost- and obligation-free. Good luck.