You’ll need to provide clear and definitive evidence against your employer that shows you were fired for no other reason than for filing a work injury claim. Proving that you were fired for filing a workers’ comp claim can be extremely difficult. So while the employer may claim they didn’t fire you in retaliation for filing a workers’ comp claim, the underlying motives may prove otherwise. Most Arizona workers are considered “at-will” employees, meaning that both the employee and employer are able to end the employment relationship at any time and for nearly any reason at all, with or without notice.Īs an “at-will” employee receiving workers’ compensation benefits, this means you can be let go at any time for any reason that’s deemed legal. However, injured status doesn’t protect your job, even if your employer is at fault for your injury. Contact one of our experienced workers’ compensation lawyers to calculate your lost wages.Īrizona law prohibits employers from firing an injured employee strictly because they filed a workers’ compensation claim, and your employer cannot prevent you from filing a claim by firing you. Ultimately, your exact rate of compensation for lost wages will be determined by your age, work and education history, earning capacity, and percentage of disability as assigned by your doctor. In the event of a workplace death in Arizona, the deceased worker’s spouse, children or other dependents can receive death benefits that equal 2/3 of the worker’s average monthly wage for 500 weeks (or longer in the case of dependent children)-in addition to payment for funeral/burial expenses (up to $5,000) and medical expenses. For a permanent partial disability (PPD), you may receive scheduled or unscheduled benefits depending on the body part affected. If you’re able to return to work but can’t work as long or have to do another job that pays less, then Arizona workers’ compensation offers what’s called a “differential benefit.” This benefit equals 2/3 of the difference between your wages before and after the injury.įor a permanent total disability (PTD), your benefits will equal up to 2/3 of your average monthly wage, up to the state’s maximum benefit amount. A doctor must prove that you are unable to work because of your injury. If your work-related injury causes you to miss more than 2 weeks of work, then the first week’s wages will be paid retroactively. This number is based on your 30 days of work before the injury and is capped at the state’s maximum benefit amount (in 2019, the most you can receive is $4,741.57 per month).įor a temporary injury, you are only eligible to receive time lost benefits if you’re unable to work (at all or partially) for at least 7 consecutive days. While your exact compensation for lost wages will vary depending on the severity and nature of your injury, benefits will equal approximately 2/3 of your average monthly wage. These benefits include compensation for medical treatment, travel expenses, and lost wages. In Arizona, you are eligible for workers’ compensation benefits if you’ve been hurt on the job.
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