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When Can a File a Personal Injury Lawsuit for a Work Injury in AZ?

If you suffered an injury on the job in Arizona, you qualify for workers’ compensation benefits that covers your medical bills and lost wages. Since employers must pay for most work-related injuries regardless of fault, employees generally are not allowed to file a personal injury lawsuit against their employers. 

However, there are several exceptions to this rule, such as the following: 

  • Your employer intentionally injured you – If you can prove that your employer’s intentional conduct caused your injury, you may file a personal injury lawsuit against him/her. 

  • Your employer does not carry workers’ compensation – If your employer does not provide workers’ comp benefits to his/her employees, injured workers can file a personal injury lawsuit. Furthermore, an employer who does not carry worker’s compensation in Arizona can be charged with a Class 6 felony. 

  • A defective product caused your injury – If you are injured by a defective product – whether it was manufactured by your employer or a third party – you could bring a products liability lawsuit against the product manufacturer. 

  • A toxic substance caused your injury – If you are injured by a toxic substance, you could bring file a toxic tort lawsuit against the substance manufacturer. 

  • A third party injured you – If you are injured by another person other than your employer or co-worker, you could file a personal injury lawsuit against that individual. 

At Bowman, Smith & Kallen, P.L.L.C., we are committed to helping injured employees maximize their entitled compensation. We can thoroughly investigate your accident and determine whether you can file for both workers’ compensation benefits and a personal injury lawsuit. 

Suffered an injury in Yuma? Contact us today at (928) 433-2355 for a free initial consultation. Get a firm with more than four decades of experience on your side. 

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