Can I Sue My Employer for a Work Injury in Arizona?

In Arizona, you can sue your employer for a work injury only if you have opted out of the workers’ compensation system before the injury occurred.

According to A.R.S. 23-906, employees must provide written notice to their employer if they choose to reject the workers’ compensation provisions and retain the right to sue. If you did not opt out before the injury, you are generally limited to receiving workers’ compensation benefits as your exclusive remedy. Aitken v. Indus. Comm’n, 173 Ariz. 300.

However, there is an exception if the injury was caused by the employer’s willful misconduct. Under A.R.S. 23-1022, if the injury results from an act done by the employer or a co-employee with the direct object of injuring another, and the act indicates a willful disregard for the life, limb, or bodily safety of employees, you may choose to either claim compensation or maintain an action at law for damages against the person or entity responsible for the willful misconduct. Gamez v. Brush Wellman, Inc., 201 Ariz. 266.

Additionally, if your employer fails to comply with the workers’ compensation insurance requirements, they lose the protections of the workers’ compensation system, and you may sue them under other applicable laws. In such cases, the employer cannot use defenses like assumption of risk or contributory negligence, and proof of injury serves as prima facie evidence of negligence on the part of the employer. A.R.S. 23-907.

What Damages Am I Entitled to Under Workers’ Compensation?

So, if you’re in a position where you can’t sue your employer for your work injury because your case doesn’t fall into the scenarios above, what damages are you entitled to?

Under Arizona’s workers’ compensation laws, you are entitled to several types of benefits if you are injured in the course of your employment. These benefits include medical treatment, compensation for lost wages, and compensation for permanent disabilities.

Firstly, you are entitled to medical, surgical, and hospital benefits, which include treatment, nursing, medicine, surgical supplies, crutches, and other apparatus reasonably required at the time of the injury and during the period of disability. Martinez v. Industrial Comm’n, 175 Ariz. 319. These benefits are provided to ensure that you receive the necessary medical care to recover from your injury.

Secondly, you are entitled to compensation for lost wages. This compensation is categorized into temporary and permanent disability benefits. Temporary disability benefits are provided during the period when you are unable to work due to your injury, and these benefits terminate once your condition becomes stationary. If your injury results in a permanent disability, you may be entitled to permanent disability benefits, which are based on the degree of permanent impairment. Jessie’s Boat Shop & R.V. Repair v. Industrial Comm’n, 155 Ariz. 380.

For injuries to specific body parts, compensation is determined according to a statutory schedule, which limits compensation to a certain percentage of your average monthly income for a set number of months. For injuries affecting body parts not listed on the schedule, you are entitled to disability compensation equal to 55 percent of the difference between your average monthly wages before the accident and your reduced monthly earning capacity resulting from the disability. Dye v. Industrial Comm’n, 153 Ariz. 292.

It is important to note that compensation under Arizona’s workers’ compensation system does not include damages for pain and suffering, as these are not compensable unless they result in a reduction of your ability to earn wages. Shaw v. Salt River Valley Water Users Ass’n, 69 Ariz. 309. The system is designed to provide prompt, though limited, compensation in exchange for giving up the right to sue the employer for larger damage awards.

What If a Third Party Causes My Work Injury?

An employee who is injured at work by a third party has the legal option to pursue a personal injury case against the third party responsible for the injury.

If the employee decides to pursue a civil action and successfully recovers damages from the third party, the workers’ compensation insurance carrier or the employer has a lien on the recovery to the extent of the workers’ compensation benefits paid. This lien is intended to prevent double recovery by the employee and to reimburse the carrier or employer for the compensation provided.

Additionally, if the employee settles the third-party claim for less than the total amount of workers’ compensation benefits, the employee must obtain written approval from the compensation fund or the person liable to pay the claim to recover the deficiency from the insurance carrier or other liable party. Failure to obtain such approval may result in the employee being unable to reopen the workers’ compensation claim to seek the deficiency.

Contact Our Experienced Arizona Personal Injury Lawyers to Handle Your Work Injury Case

If you have any questions regarding your Arizona work injury case, we’re here to help! Call us today for a FREE consultation. Our lawyers can help you present the best case possible to the adverse party. Call (855) 545-1777 to speak to our Arizona work injury attorneys directly.