Can You Sue Workers’ Comp For Negligence

Posted in Workers' Compensation on May 14, 2026

Key Takeaways

• Workers’ compensation is the exclusive remedy against an employer under Arizona law.
• Employees generally cannot sue employers for negligence for workplace injuries.
• Arizona provides no-fault benefits regardless of who caused the injury.
• Third-party liability allows lawsuits against non-employers who cause injuries.
• Intentional employer misconduct may allow a lawsuit outside workers’ compensation.

Most injured workers assume they have the right to sue after a workplace accident, only to discover the legal reality is more complicated. One of the most common questions injured employees ask is: Can you sue workers’ comp for negligence when an employer’s actions play a role in the injury?

In most cases, the answer is no. Workers’ compensation operates as an exclusive remedy, meaning that, in exchange for guaranteed, no-fault benefits such as medical care and wage replacement, employees generally give up the right to pursue a negligence lawsuit against their employer, even when the employer’s conduct directly contributed to the injury. This exchange is the foundation of how the system is designed to function.

Arizona law recognizes situations in which injured workers may have options beyond standard workers’ compensation. A Phoenix Workers Compensation Lawyer at Crossman Law Offices can help clarify whether your circumstances qualify.

Contact a Workers’ Compensation Lawyer

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How Workers’ Compensation Laws Work in Arizona

Arizona follows a no-fault workers’ compensation system, meaning employees injured during job duties qualify for benefits regardless of who caused the incident. Medical care, temporary disability payments, and long-term support may all become available through the claim process.

State law limits the right to sue in exchange for those benefits. Under Arizona Revised Statutes § 23-1022, workers’ compensation stands as the exclusive remedy against an employer and related parties, a framework designed to avoid lengthy litigation while ensuring injured workers receive timely care and partial income replacement.

Most claims are handled by insurance carriers, with disputes referred to the Industrial Commission of Arizona when necessary. While this system offers structure and predictability, it also leaves many workers wondering whether an employer’s negligence alters their legal options.

When (and If) You Can Sue Workers’ Comp

While the exclusive remedy rule covers most workplace injury situations, Arizona law does recognize some exceptions worth understanding.

The most common involves third-party liability. When someone other than the employer caused the injury, such as a contractor, equipment manufacturer, or another driver, a separate personal injury claim may become possible alongside the workers’ compensation case. Both claims may move forward independently, each recovering different types of damages.

Intentional misconduct presents another exception, although rare. Under Arizona Revised Statutes 23-1021, employees injured in the course of employment are entitled to compensation unless the injury was purposely self-inflicted, reinforcing why most claims remain within the workers’ compensation system. When an employer acts with clear intent to cause harm, a different legal path may become available.

Many workers ask: Can you sue workers’ comp for negligence when a claim gets denied or delayed? A denial does not automatically justify a lawsuit, but understanding which exceptions apply also affects the type of compensation you may be eligible to recover.

What Compensation Can You Receive if You Sue for Workers’ Compensation?

Workers’ compensation benefits and lawsuit damages are not the same thing, and understanding the difference can affect how an injured worker approaches their claim.

Through a standard workers’ compensation claim, eligible benefits usually include:

• Medical expenses related to the injury
• Temporary or permanent disability payments
• Lost wage replacement
• Rehabilitation and vocational support

When a separate lawsuit becomes possible, such as in a third-party liability case, the range of recoverable damages may expand to include:

• Pain and suffering
• Emotional distress
• Full wage loss recovery
• Damages not covered under standard workers’ compensation

Filing a workers’ compensation claim does not prevent a third-party lawsuit from moving forward, though coordinating both requires careful legal handling. Knowing what compensation may be available is only part of the process.

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.

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How to File a Workers’ Compensation Claim in Arizona

Knowing what benefits may be available means little without understanding how to actually secure them. Filing a workers’ compensation claim in Arizona involves several steps, and handling each one correctly can make a difference in the outcome.

The process generally follows this order:

• Report the Injury: Notify your employer as soon as possible to avoid delays in benefits and ensure proper documentation from the beginning.
• Seek Medical Treatment: Visit an approved provider and follow all treatment recommendations, as consistent medical records may strengthen your claim.
• Submit the Employer Report: Ensure your employer files a report with the insurance carrier to begin the evaluation process.
• Respond to a Denial: If the claim is denied, a hearing before the Industrial Commission of Arizona may be requested to challenge the decision.

Some workers also ask whether they can sue workers’ comp for negligence after filing a claim and being denied. While workers’ compensation handles most cases, some situations may warrant a closer legal review to identify whether additional options exist.

When You Should Talk to a Workers’ Compensation Attorney

Certain situations make legal guidance especially important. If a claim has been delayed, denied, or disputed by an insurance carrier, an attorney can review the details, gather supporting medical evidence, and represent the injured worker during hearings.

Cases involving third-party liability or serious long-term injuries also benefit from early legal involvement, as small missteps can affect the final outcome.

Workers who continue to wonder whether they can sue workers’ comp for negligence are often dealing with situations where standard benefits have not fully addressed their losses. At Crossman Law Offices, we work with injured employees across Arizona, helping them navigate workers’ compensation claims and explore every available legal path.

Schedule a Free Consultation with a Phoenix Workers’ Comp Lawyer

Many injured workers ask: Can you sue workers’ comp for negligence? The answer depends on the details of your situation and Arizona law. A Phoenix workers’ comp lawyer at Crossman Law Offices can review your case, explain your benefits, and identify whether additional legal options apply. Contact us today at 602-248-0380 for a free consultation.