When Can You Sue an Employer After a Workplace Injury?
Suffering an injury at work can turn your routine upside down, especially when medical bills and missed paychecks start piling up. Suffering an injury at work can raise questions about whether workers’ compensation is your only option or whether other legal routes might be available.
Most on-the-job injuries are handled through the workers' compensation system, which is designed to provide benefits without requiring you to prove fault. That same system often limits lawsuits against an employer, but there are important exceptions.
Knowing when those exceptions may apply and how they interact with workers' compensation can make it easier to decide which questions to ask and which next steps to consider after an accident. Speaking with a lawyer about how these rules apply to your job can be an important part of protecting your health and income.
At Faussette and Faussette PLLC, I work with injured workers to help them understand when a workplace injury might give rise to a lawsuit against an employer. I proudly serve clients in Phoenix, Arizona, as well as Glendale, Peoria, Scottsdale, Goodyear, Avondale, Surprise, Chandler, Gilbert, Mesa, and Tempe.
How Workers' Compensation Affects Lawsuits
Before discussing lawsuits, it's helpful to understand why workers' compensation is central to workplace injury claims. In many situations, workers' compensation is considered an "exclusive remedy," which means that if you're covered and accept benefits, you generally can't also sue your employer for negligence related to the same injury.
The trade-off is that fault is usually not an issue, and benefits may still be available even if an accident happened in a split second at your workplace. However, exclusive remedy rules don't erase every possible claim you might have.
In Arizona, there are circumstances in which a worker may choose to reject workers' compensation coverage in advance, or in which an employer's conduct may open the door to a lawsuit. Once you understand the basic workers' compensation structure, you can start looking more closely at situations where suing an employer might be possible.
Situations Where Claims Against Employers May Be Possible
In Arizona, there are limited situations where an injured worker may be able to bring a civil claim against an employer instead of, or in addition to, a workers' compensation claim. Some of the more common scenarios that lawyers discuss with clients include:
Rejection of workers' compensation coverage: Some employees sign written forms rejecting workers' compensation in advance, which may preserve their right to sue an employer after an injury instead of relying on workers' compensation benefits.
Intentional misconduct by the employer: When an employer's personal conduct is aimed at causing harm or shows a willful disregard for workers' safety, that behavior may fall outside what workers' compensation is meant to cover.
Lack of required workers' compensation insurance: If an employer fails to secure legally required workers' compensation coverage, an injured employee may be allowed to bring a civil lawsuit for damages that would otherwise be handled through the workers' compensation claim process.
Retaliation or wrongful conduct tied to the injury: Separate claims may arise if an employer retaliates against a worker for reporting an injury, filing a claim, or raising safety concerns, even when the injury itself is being addressed through workers' compensation.
Each of these situations has its own rules, deadlines, and evidentiary requirements, so it's important not to assume that a particular label automatically means you can sue. Instead, it often comes down to a careful review of what happened before and after the injury, what documents you signed, and how Arizona law classifies each type of employer conduct.
How Third-Party Claims Fit Into Workplace Injuries
Even if workers' compensation blocks a negligence lawsuit against your employer, you might still have a claim against another person or business that contributed to your injury. These third-party cases are separate from workers' compensation and can arise in many different workplace situations:
Negligent drivers on the road: If you were injured in a crash while driving for work, you may have a personal injury claim against the at-fault driver, even if you also have a workers' compensation claim.
Dangerous equipment or machinery: When a defective tool, machine, or safety device causes an injury, the manufacturer, distributor, or maintenance provider may be responsible in a separate product liability or negligence case.
Unsafe property conditions: If you're hurt while working on property owned or controlled by a third party, such as a client or another business, you may have a premises liability claim in addition to a workers' compensation case.
Contractors and subcontractors on job sites: On construction projects and other multi-employer worksites, another contractor or subcontractor may be liable for unsafe practices that led to your injury.
These third-party claims don't replace workers' compensation, but they can interact with it in significant ways, including providing reimbursement rights for benefit providers and facilitating settlement coordination. Sorting out which parties may be responsible is an important step, especially when an injury has long-term effects on your health and ability to work.
Practical Steps After a Workplace Injury
Regardless of whether you ultimately have a lawsuit against an employer, the early steps you take after a workplace injury can affect both your workers' compensation claim and any potential civil case. To help preserve important evidence and give your lawyer a clearer picture of what happened, make sure to prioritize the following:
Report the injury promptly: Let a supervisor or manager know about the injury as soon as you reasonably can, following any written reporting procedures your workplace uses.
Seek appropriate medical care: Get evaluated by a medical professional, follow recommended treatment, and keep copies of records, bills, and work restrictions connected to your injury.
Document what happened: Write down details about the incident, including dates, times, locations, equipment involved, and names of any witnesses who saw conditions leading up to the injury.
Preserve any physical evidence: If possible, take photos of the accident scene, defective equipment, or hazardous conditions before they're changed or repaired.
Avoid signing documents you don't understand: Before signing releases, waivers, or settlement documents, consider having a lawyer review them so you understand how they might affect your rights.
These actions won't answer every question about whether you can sue your employer, but they can put you in a stronger position, no matter which path your claim ultimately takes. Once you've addressed immediate medical needs and basic reporting, the next step is often to seek legal guidance.
Reach Out to a Workplace Injury Lawyer
From initial questions to more detailed claim reviews, I serve clients in Phoenix, Arizona, as well as Glendale, Peoria, Scottsdale, Goodyear, Avondale, Surprise, Chandler, Gilbert, Mesa, and Tempe.
When you've been hurt on the job, you shouldn't have to guess whether workers' compensation is your only option or whether a lawsuit might be possible. At Faussette and Faussette PLLC, I’m here to provide legal guidance to injured workers across Arizona to evaluate their situation and determine next steps.