Can I Sue My Employer In Arizona?

Posted in Workers Comp Process on April 20, 2022

Key Takeaways

Arizona workers’ compensation generally prevents lawsuits against employers for workplace injuries.
Workers’ compensation is no-fault and covers medical bills and partial lost wages.
Employees may sue employers if intentional harm caused the injury.
A lawsuit may be allowed if the employer lacked required workers’ compensation insurance.
Egregious unsafe conditions known by the employer may allow a civil lawsuit.

If you or somebody you care about sustains a workplace injury in Arizona, he will likely be able to recover compensation through the workers’ comp system. Typically, this type of insurance system prevents the individual from filing a lawsuit directly against their employer. However, there may be circumstances when it is possible to file a personal injury lawsuit against the employer in order to recover additional types of compensation above and beyond what is typically available.

Contact a Workers’ Compensation Lawyer

Message us

Call Us 602-248-0380

Workers’ Compensation and Employer Focused Lawsuits

In the state of Arizona, the workers’ compensation system is designed to handle situations where a person sustains an on-the-job injury. This type of insurance pays all medical bills related to workplace injury as well as a significant portion of lost income. If necessary, this will also pay certain types of disability benefits.

Workers’ comp in Arizona is considered a “no-fault” system, which means an employee can file a claim regardless of who caused the injury. Additionally, this generally means that it is not possible to file a personal injury lawsuit directly against the employer to recover the compensation needed in these situations. Ultimately, injured workers are not able to recover compensation for pain and suffering losses, and they will only be able to recover approximately two-thirds of their lost wages.

When You May be Able to File a Lawsuit Against Your Employer

Even though the workers’ compensation system in Arizona typically prevents an injured worker from filing a lawsuit against an employer, there may be times when it is possible for the worker to file a civil personal injury lawsuit. This includes situations where:

The employer caused intentional harm. In situations where an employer took the specific actions to cause direct harm to an employee, that employee may be able to file a civil personal injury lawsuit against the employer. This could include a supervisor assaulting a worker or the workplace setting up a situation where they know the worker will be harmed. This only applies to intentional acts, not any type of employer negligence.
The employer did not have workers’ compensation insurance. Arizona law requires that just about every employer carry workers’ compensation insurance. If an employer fails to carry the required insurance and a worker sustains an injury on the job, then the injured individual will likely be able to file a civil personal injury lawsuit against the employer to recover compensation for their losses.
The employer knew about a dangerous conditions in the workplace. Employers are required to maintain workplace safety. This includes regularly inspecting and maintaining the workplace and taking steps to remedy any hazardous conditions. If an employer has knowledge of a dangerous condition in the workplace but fails to fix the problem, and if a worker sustains an injury as a result of this hazardous condition, then the employer could face a civil personal injury lawsuit. For this type of lawsuit to move forward, the actions of the employer need to be considered egregious and not simply negligent. Any employer negligence that causes worker injuries is covered by workers’ compensation.

We strongly encourage any workplace injury victim in Arizona to work with skilled Phoenix work injury lawyers who have experience handling work injury claims so they can recover maximum compensation for their losses.

Avery N Crossman

Ms. Crossman is a State Bar Board Certified Workers’ Compensation Specialist and is past Co-Chair of the State Bar Workers’ Compensation Section. She has served as a faculty member at the State Bar Seminar on Professionalism and is a former Judge Pro Tempore in the Arizona County, Justice, and Superior Courts. In the past, she has spoken at seminars on Workers’ Compensation sponsored by the Industrial Commission of Arizona and the Arizona Association of Lawyers for Injured Workers. Ms.Crossman is a long-time member of the Arizona Association of Lawyers for Injured Workers. She is also a member of American Mensa.