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i've fallen and i cant get up!!!!!! Arizona

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  • i've fallen and i cant get up!!!!!! Arizona

    so i worked a guy in az. who did not have workers comp ins. on any of his employees, when i got hurt he said give a few days and see how you feel,...when i did go to the e.r. he asked if they would take cash.....neverthe less i had a hernia..so he tells me, to tell the claim agent i was in another state ( where he does have insurance for his people,) and get the surgery and get back to work,,,,or tell the truth and im on my own to pay for a hernia surgery...$30.000 well jobs are hard to come by, and i loved that job,,really loved it..as of today i still have not been able to work the hernia is healed but the mri revealed herniated disc in my back...and he decided to fire me while on disability 3 weeks after surgery..........do i have a chance in court........

  • #2
    You have multiple options but I suggest you read the Ariziona Insustrial Commission FAQ for Employers and also,consult counsel skilled at such claims.

    1. You can file a WC claim...and if you qualify for an award, the commission pot pays and they chase employer...or such is my understanding..Imcould be wrong..again. .
    2. Given employer has no insurance in AZ per your post, you can file a civil case ..and if you prevail..that can be far more rewarding as there are different caps if any. But be careful....if your employer is a near empty pot in a legal sense ..you cannot get money out of an empty pot ..
    1-2 Going the civil court case route requires careful review of issues with counsel ....winning is but one step and it does not assure you actually collect.
    3. I do NOT know if you can start both or,start a WC claim then switch later....in your shoes I would dig for a reliable answer from counsel or a pro at AZ employment issues
    4. Employer failure to carry insurance is a felony in AZ and the Commission could shut him down as well...none of that helps you directly..just a clue that stiffing workers is not taken lightly
    5. IF you are able and available to work you might also,consider a UC claim ..but those benefits may be much more limited ..and if too injured to work you most likely do not qualify for UC.

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    • #3
      How long ago did this fall happen? Did you seek any treatment as a result (directly for this)? What proof do you have that the hernia and now disc issues are from this fall? It would be rare for a hernia to develop after a fall and if disc issue didn't appear until after enough time passed that your hernia healed on its own, you are going to have a causal relation issue.

      You cannot sue civilly if this is or should have ben a WC claim. WC is an exclusive remedy. You can not just wait out the statute of limitations on the WC claim and then file suit. It doesn't work like that. It would be worth consulting with a WC attorney to see what your options are at this late date.

      As for the termination, what reason was given? How long had you been off work total? Did FMLA apply?
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Not to debate it with the pros ....but the state specific quirks in AZ may not require WC as the exclusive route IF the employer was not covered in AZ by WC ... At least check the details.

        Caution, ElleMD is dead on target that there are rather rigid time limits to a WC claim ...and state specific ...In AZ if you snooze past the deadline you lose by default ..and 1 year comes around all too fast...

        Don't snooze

        PS I suggest you use some professional guidance ......

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        • #5
          I don't know if your user name is your actual e-mail address. However; if it is, you probably should not have used it as your user name for your protection due to spammers & trolls who frequent forums.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Originally posted by Betty3 View Post
            I don't know if your user name is your actual e-mail address. However; if it is, you probably should not have used it as your user name for your protection due to spammers & trolls who frequent forums.
            So instead of responding here and/or changing his username, he just re-posted elsewhere in this forum. Go figure.

            Comment

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