Legal Question in Workers Comp in Arizona

Re: Workman's Comp

The employer is using the wrong term. Arizona is an "at-will employment" state. ("Right to work" pertains to unionization.) In Arizona, you can be fired for "good cause" or no cause at all. The only prohibited firings are for "bad cause," which are essentially things prohibited by law. There is no law prohibiting firing a worker after an injury, unless you can prove the firing was in retaliation for filing a claim (which is almost impossible to prove.)

Your question raises two issues. First, CONCURRENT EMPLOYMENT: When you are working two jobs and get injured on one, you may be entitled to compensation for lost wages on the other job, if the work is in some way similar to the work you were doing where you were injured. The carrier, and eventually the Industrial Commission, will set an Average Monthly Wage, which is the base from which all compensation benefits are calculated. If the carrier or Commission do not include wages from the second job, contact an attorney.

Second issue is, COMPENSATION AFTER TERMINATION: Arizona courts have held that, even if an injured worker is fired for misconduct, he still may be eligible for compensation for lost wages. If the carrier is refusing to pay compensation under these circumstances, again contact a lawyer.

At my office, consultations are always free, and without obligation. I have a toll-free number if you are out of the Phoenix area.