Third-Party Claims vs. Workers’ Comp in Arizona
One of the most important things an injured construction worker can understand is that workers' compensation may not be your only option. A third-party claim is a separate path that can seek far more — and you may be able to pursue both.
What workers’ comp does and does not cover
Workers' comp is a no-fault claim against your own employer. It typically covers medical care and a portion of lost wages, but it does not provide compensation for pain and suffering or the full extent of your losses, and it is limited to your employer.
What a third-party claim adds
A third-party claim is against a different company whose negligence caused your injury — a contractor, property owner, or equipment maker. Unlike comp, it can seek full damages, including pain and suffering and complete lost earnings. It is often the difference between partial and full recovery.
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Frequently asked questions
Can I get workers’ comp and sue a third party at the same time?
Often, yes. Comp is against your employer; a third-party claim is against a different negligent company. They are separate, and you may be able to pursue both — though they are coordinated, which we handle.
Arizona law — what people ask
How long do I have to file an injury claim in Arizona?
Generally two years. But if a public entity is involved you must serve a formal notice of claim within 180 days and file suit within one year — and Arizona runs a much shorter one-year clock on dog-bite strict-liability claims specifically.
Can I still recover if I was partly at fault in Arizona?
Yes. Arizona applies pure comparative negligence, so fault reduces your recovery rather than ending the claim, and there is no percentage at which it cuts off. Arizona also treats fault questions as belonging to the jury rather than being resolved beforehand.
Does Arizona cap what I can recover?
No — and this sets Arizona apart from most states. Its constitution prohibits laws limiting damages for injury or death, and that applies to medical-malpractice claims too, where most states impose a cap. If you have read that pain and suffering is capped, that is not Arizona law.
What if more than one party was responsible?
Arizona generally applies several liability, so each responsible party answers for its own share rather than the whole judgment. That makes identifying every responsible party early a practical question about what is actually collectible.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured coverage is the usual route. Arizona also requires insurers to offer that coverage in writing — so if you were told your policy carries none, the underwriting file is worth checking before that answer is accepted.
Will the jury hear that my health insurance paid my bills?
Usually not — Arizona generally follows the collateral source rule. Medical-negligence cases are the statutory exception, where that evidence has been made admissible, which changes how medical damages are presented in those claims specifically.
Injury law in Arizona
Arizona injury law has some features that set it apart from its neighbors.
- Filing deadline: Arizona generally gives you two years from the injury to file, but only 180 days to serve a notice of claim on a public entity.
- Fault: Arizona follows pure comparative negligence — being partly, or even mostly, at fault reduces your recovery but does not bar it.
- Damage caps: Arizona is unusual: its constitution prohibits caps on injury or death damages, so a statutory cap does not limit what you can recover.
- Multiple defendants: Arizona generally applies several (not joint) liability, so each responsible party is accountable for its own share.
Related topics
California injury law
This is general information about Arizona injury law, not legal advice. Every case is different.
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