Can I Sue My Employer?

Can I Sue My Employer?

by Nick Wearne

Associate Attorney

In Arizona, you are generally unable to sue your employer for an injury that has occurred on the job, regardless of how it occurred.  The law in Arizona forces employers to get workers compensation insurance but, it also bars personal injury lawsuits against them, even if the company was careless or negligent.  So while you may not be able to sue your employer, the trade off is you are guaranteed workers compensation coverage for injuries that occur at work, even if they were your fault.

If injured at work you are entitled to medical coverage and a percentage of your lost wages for time off work.  While you are not allowed to sue your employer, if you are improperly denied these workers compensation benefits, you can protest the denial in front of a judge.  If you win, the company must pay you the benefits designated by the judge back to the date of injury.

If you were injured at work and you feel someone other than your employer was responsible for the injury, you may sue that person in court without a problem.  For example, if a piece of equipment malfunctions or if you drive a company car and are injured by a negligent driver, you may sue the responsible party in court.  If you receive workers compensation benefits while you are suing, the workers compensation insurance company may be entitled to reimbursement from whatever money you receive.

If you have questions you need answered, call Snow, Carpio & Weekley, PLC at 602-532-0700 for a free consultation or got our website at www.workinjuryaz.com to find out more about our firm.