Beyond Workers' Comp: Third-Party Injury Claims for Arizona Workers

If you are hurt on the job in Arizona, workers' compensation provides medical care and partial wage replacement regardless of who was at fault. That no-fault feature is valuable, but it comes with a major limitation: workers' comp does not pay for pain and suffering, and its wage benefits often fall well short of your actual losses.

Workers' Comp: Helpful but Limited

For many injured workers, especially those with serious or permanent injuries, workers' comp alone leaves a significant gap between what they receive and what they have truly lost.

The Third-Party Claim Difference

Workers' comp is generally the exclusive remedy against your employer. But if someone other than your employer contributed to your injury, you may have a separate third-party personal injury claim, and that claim can recover full damages, including pain and suffering.

Common third parties include a subcontractor or general contractor on a job site, the manufacturer of defective equipment or machinery, a property owner who maintained a dangerous condition, or a negligent driver who hit you while you were working. Identifying a viable third-party claim can dramatically increase a worker's total recovery.

Arizona's High-Risk Industries

Arizona's economy puts many workers in harm's way. Construction is booming across the state, with falls, struck-by incidents, and equipment accidents. The copper mines of eastern Arizona, large-scale agriculture, and the fast-growing warehouse and logistics sector all carry serious hazards, and extreme summer heat adds the danger of heat illness.

Each of these settings frequently involves multiple companies, contractors, suppliers, equipment makers, creating the potential for third-party liability beyond the worker's direct employer.

Coordinating Both Claims

When a worker has both a workers' comp claim and a third-party claim, the two interact, the comp insurer may have a lien on the third-party recovery. Handling this correctly is important to maximizing what the worker actually keeps.

Report your injury to your employer promptly and in writing, get medical care, and preserve evidence. Then seek a free review to evaluate both your benefits and any third-party claim that could recover the full extent of your losses.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.