Arizona law provides that an injured worker is entitled to receive temporary compensation benefits if his doctor notes that his injury is preventing him for working, or limiting the type of work he can do.
An injured worker is entitled to receive 66 2/3% of his average monthly wage. This can include wages earned from another job, if the injury prevents one from doing both jobs. It is very important that the insurance carrier is notified that you had concurrent employment. Once you provide documentation on wages earned from this second job the insurance carrier should take this into account when they submit their recommendation of the average monthly wage. If the wages from the second job are not included, you should notify the industrial commission and submit your documentation to prove that there are additional wages.
Once the Industrial Commission issues their Notice of Average Monthly Wage you only have 90 days to protest the amount listed on that notice. If that still doesn’t include wages earned from another job, you must request a hearing on the matter so that it may go before an Administrative Law Judge. After the 90th day, the wage has been set and will with very few exceptions, be the wage set for the remainder of the claim.
Blog WC Tip of the Day By:
Diana Robles, Attorney
Snow Carpio & Weekley
Tucson, AZ Office
If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781.