Can I sue my employer?
Blog Written By:
Brian Weekley, Partner/Attorney
Snow, Carpio & Weekley
Workers’ compensation is the exclusive remedy for employees
injured in the course and scope of their employment. This means that an injured
worker cannot sue their employer civilly in most situations. There are, of
course, exceptions. One of the most common exceptions is if your employer is
uninsured for workers’ compensation at the time of your injury. An election is
made once the injured worker either files a civil suit or accepts workers’
compensation benefits. An uninsured employer waives the defense of comparative
negligence under these circumstances.
Another exception is if the employer intentionally injures
the employee. This intent has never been found in the State of Arizona, and
would indeed be a risky path to follow.
Overwhelmingly, workers’ compensation is the purpose
designed and approved method for handling on the job injuries. The rules are
fairly straightforward; If injured, report the details to your supervisor
immediately. Fill out an accurate written report of injury. Seek immediate
medical care. Provide accurate history of the injury. Follow the medical
professionals’ advice. Unlike civil remedies, workers’ compensation provides
lifetime medical care and benefits with no copays, deductibles, or out of
pocket expenses. This is especially critical in more serious injury cases.
When the case becomes more complicated, which happens with
most of the more serious injuries, seek legal advice early. Remember, the
employer / insurance carrier has access to expert legal advice on a 24/ 7
basis. They make decisions based on this advice. The injured worker is strongly
advised to do the same. Our office is available for free in person or
telephonic consultation on any claims.
If you or someone you know has been hurt on the job or has an disability that could prevent them from working for at least one year, contact Snow, Carpio & Weekley for a free consultation by calling toll-free at 855-325-4781. You may also visit us online at www.workinjuryaz.com