Workers' comp vs. third-party negligence — the distinction that matters
Arizona's workers' compensation system (governed by A.R.S. Title 23, Chapter 6) is generally the exclusive remedy against your direct employer for an on-the-job injury. You can't sue your employer for negligence in most situations — that's the trade-off built into the comp system.
But when a third party — someone other than your employer — caused or contributed to the injury, you can pursue a civil negligence claim in addition to workers' comp. On most large job sites, the third party is identifiable: a different contractor's crew, an equipment manufacturer, the general contractor, the property owner, or a delivery driver who hit you while you were working.
Common third-party workplace claims we handle
- Construction site injuries — falls from heights, scaffold collapses, struck-by incidents, crane and rigging failures.
- Subcontractor negligence — one contractor's crew injures another contractor's worker.
- Defective equipment — failed power tools, machine guards, lifts, ladders.
- Premises and property-owner liability on sites the worker did not control.
- Motor vehicle accidents during work — delivery, dispatch, or job-to-job driving.
- Toxic exposure and chemical injuries from non-employer sources.
What we recover that workers' comp doesn't
- Pain and suffering and loss of enjoyment of life.
- Full lost wages (comp typically pays a percentage).
- Lost earning capacity over your remaining working years.
- Spouse's loss of consortium claim where applicable.
- Punitive damages in cases of egregious conduct.
Coordinating a third-party claim with an active workers' compensation case requires attention to comp lien rights — the workers' comp carrier has a right to be reimbursed from any third-party recovery for what it has paid. We negotiate those liens down and structure settlements to maximize what the client actually keeps.