Legal Question in Workers Comp in Arizona
my wife was hurt on the job and is reciving workmans comp can she be fired or laid off during this?
Asked on 12/31/09, 2:16 pm
1 Answer from Attorneys
Thomas Stillwell
Stillwell Law Office, PLLC
For year, Arizona's legislature has been controlled by legislators who believe that a healthy business climate is more important than any one individual. As a result, Arizona has no law prohibiting the firing of an injured worker while she is recovering from a legitimate work-related accident. The only time she has recourse is if she can prove that her firing was in retaliation for filing her comp claim (almost impossible to prove), or if she can show that the firing violated the American's with Disabilities Act (which has mostly turned out to be a toothless law for injured workers.)
Keep this in mind next time you vote.
Answered on 1/05/10, 4:34 pm