Legal Question in Workers Comp in Arizona

My wife was injured on the job. Has been on worker's comp for 6 weeks. Doctor just release her back to work under "light duty". Her employer says she cannot return until she's 100%, ready for full duty. Her employer says they are sending papers to place her on disability and she will have to show proof that she is looking for at least 3 jobs each week. Is this normal? She doesn't want to give up her job.


Asked on 10/01/10, 3:28 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Arizona is one of the worst states when it comes to protecting the jobs of injured workers. The employer is not required to take her back under workers' compensation law. (The Americans with Disabilities Act--ADA--might offer her some rights, but that's employment law...not my area. Check with the EEOC.) Just because she looks for, or even accepts, light duty work elsewhere, does not mean she must resign or be fired from her job. They might be willing to hold the position for her until she recovers.

Even though the employer doesn't take her back, she is nonetheless required to make a good-faith effort to find work within her limitations. Applying for 3 jobs per week is not written into the law, but rather, it's a standard that most everyone agrees represents a good-faith effort.

What she is experiencing, as far as workers' compensation law, is a bit aggressive, but it doesn't sound unlawful. Having a board-certified specialist represent her might help, but it might be difficult to get a lawyer to take the case at this stage.

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Answered on 10/07/10, 1:17 pm


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