When a client has a work injury, you can refer the workers’ compensation claim to Arizona’s Work Injury Firm while keeping the third-party injury case at your firm. Snow Carpio & Weekley, PLC practices workers’ compensation only, so your team has a focused Arizona resource for the compensation side without having to take that work in-house. For a free consultation about a potential referral or co-counsel arrangement, call (877 ) 370-5788 or contact Arizona’s Work Injury Firm.
A focused workers’ compensation partner for your injury case
A work-related crash, unsafe property condition, defective product, or other event may create two connected matters: a workers’ compensation claim and a claim against a negligent third party. Those matters can affect each other, but they are not the same claim. The workers’ compensation carrier may have a lien on a third-party recovery, and decisions on the third-party case can affect the client’s ongoing compensation benefits.
That is why a general injury practice may want a workers’ compensation-only firm involved early. Arizona’s Work Injury Firm concentrates exclusively on workers’ compensation. The firm serves Phoenix, Tucson, Yuma, Flagstaff, Mesa, Glendale, Scottsdale, Mohave County, Lake Havasu, and clients across Arizona with work injury claims.
For referring counsel, the point is practical: you retain the third-party litigation you are equipped to handle, while a dedicated workers’ compensation team evaluates and manages the compensation claim. The client has a clearer path for questions about medical treatment, wage-loss benefits, carrier communications, and the overlap between the claims. Your team has a partner that understands the compensation issues that can arise before settlement, at settlement, and afterward.
A referral does not require your firm to become a workers’ compensation department. It gives the client an opportunity to receive focused representation on a distinct Arizona claim while you continue your work on the civil case.
The vet-and-return workflow: compensation here, third party with you
The usual starting point is a short case review. Send the basic facts: how the injury happened, the employer, the carrier if known, the names of any possible third parties, and where the civil claim stands. We can assess whether there is a workers’ compensation claim, identify immediate coordination points, and discuss whether a referral or co-counsel conversation makes sense.
Where your firm is handling the third-party claim, the intended division of work is straightforward:
1.Your firm keeps the third-party case. You continue directing the civil claim, investigation, negotiations, and litigation strategy for the negligent non-employer party.
2.Arizona’s Work Injury Firm handles the compensation claim. We focus on the workers’ compensation claim, the carrier, benefits issues, and the compensation-side questions created by the third-party case.
3.The teams coordinate at decision points. We share the information needed to protect the client’s interests, especially when a settlement, policy-limits issue, carrier lien, reassignment question, or employer-fault issue is in view.
4.The client receives a clear explanation of roles. The client should understand which firm is working on which claim and why coordination matters.
This structure is meant to preserve the referral relationship rather than displace it. The compensation claim stays with the workers’ compensation firm. The third-party claim goes back to, or stays with, the referring firm. If the facts call for a different arrangement, the firms can discuss the appropriate scope before work begins.
The client may have questions that cross both files. We address those questions with the civil case team rather than treating the files as unrelated. That is particularly important when a third party caused the injury but the employer is also part of the factual picture.
Protecting the third-party claim and the relationship with referring counsel
The first issue is timing. Under Arizona law, an injured worker must pursue a third-party claim within one year of the injury. If the worker does not do so, the right to pursue the claim is automatically assigned to the workers’ compensation carrier, which may pursue it instead. That one-year rule differs from Arizona’s ordinary two-year personal injury limitations period.
For a fuller overview of the civil side of these matters, review Arizona third-party work injury claims. In an active referral, we flag the one-year third-party issue so it is visible to the teams handling the connected claims. It should not be left for a late-stage lien discussion.
As the one-year point approaches, the worker or counsel can request a written reassignment of the third-party claim from the carrier. A written reassignment restores the right to the worker and preserves the additional year. Carriers often prefer to sign a reassignment rather than litigate the third-party case themselves. The request and the document matter; it is not an issue to handle with an assumption or an informal understanding. Our page on workers’ compensation reassignment of a third-party claim explains this coordination issue in more detail.
Early coordination also helps the firms recognize whether the third-party settlement may be below available liability insurance limits. In that circumstance, Arizona law allows a worker to seek a court ruling that reduces the carrier’s lien to account for the employer’s comparative fault, provided damages and employer fault are determined in a fair proceeding. That development makes early involvement of the carrier and subrogation counsel more important than it was before.
The goal is not to dictate the civil case. It is to make sure the compensation position is understood while your firm evaluates the case and communicates with the third party. That approach helps keep the client informed and gives referring counsel a compensation-focused point of contact when a question appears.
Lien handling: work your third-party team does not have to carry alone
A workers’ compensation lien is not a generic claim to every cost connected to a work injury. Under A.R.S. § 23-1023, when a negligent third party that is not the employer causes the injury, the compensation carrier holds a statutory lien against the third-party recovery to the extent of compensation and medical benefits it paid. The lien attaches at settlement.
The carrier is entitled to reimbursement for medical expenses and indemnity, or lost-wage, payments. It is not entitled to reimbursement for legal fees, nurse case management, independent medical examinations, surveillance, or other non-recoverable costs. A careful itemization is essential. We can help identify the lien questions, request appropriate details, and work with your team on the compensation issues that shape the civil resolution. See how to review a workers’ compensation lien itemization for the specific categories that require attention.
The statute also defines the amount actually collectable as the total recovery less reasonable and necessary expenses actually spent to secure that recovery, including attorney fees. The lien itself is not subject to a collection fee. These rules are reasons to avoid treating the carrier’s stated number as the end of the analysis.
Here is the firm’s working example. If a case settles for $90,000, the attorney fee is $30,000, and the workers’ compensation lien is $40,000, the client receives $20,000. The carrier then receives a credit for the $20,000 paid to the client. The carrier, not the attorney or client, is responsible for pursuing that credit. If the carrier fails to do so and continues paying benefits, it cannot later demand repayment from the attorney or client after settlement.
A settlement below the lien requires particular care. If the third-party settlement is less than the carrier’s lien, the worker must obtain the carrier’s written approval to settle. Failure to obtain that approval can lead to significant penalties, including at the extreme a forfeiture of future workers’ compensation medical and indemnity benefits. Arizona appellate decisions have moved away from strict forfeiture over time, but some carriers still assert it. A pre-settlement discussion with the compensation team is far better than attempting to solve this issue after releases are signed.
There are also recoveries that should not be treated as third-party liability proceeds. Uninsured and underinsured motorist proceeds are not lienable under A.R.S. § 23-1023. Hospital liens are separate instruments under different Arizona statutes and should not be confused with workers’ compensation liens. When the client’s file contains multiple liens or coverage sources, we help isolate the workers’ compensation questions so your civil team can assess the full resolution picture.
For a broader technical reference, use Arizona workers’ compensation liens. This referral page is designed for coordinating the work, while that page addresses lien concepts in more depth.
Free CLE and lunch-and-learn training for Arizona firms
Arizona’s Work Injury Firm offers free CLE and lunch-and-learn training for personal injury firms, their intake staff, and paralegals. These sessions are built for the practical moments that lead to missed opportunities or late complications: a new work-related intake, a possible third-party claim, a carrier lien that needs itemization, a settlement that may be below the lien, or a case approaching the one-year assignment point.
Training can focus on the workflow your office needs. A litigation team may want a discussion of carrier liens, reimbursement, written approval, and comparative-fault considerations. An intake team may need a clear checklist for identifying a work injury that also has a third-party case. Paralegals may want a case-management discussion about documents, carrier information, medical and indemnity payments, and settlement coordination.
The purpose is educational and operational. Your people leave with a better way to spot the compensation issue, route it to the right person, and keep the third-party matter moving. Ask about a free CLE or lunch-and-learn when you call (877) 370-5788 for a free consultation.
How to send a case
A referral can begin with a short email or a phone call. You do not need to have every document before starting the conversation. If there is an urgent issue, such as a potential one-year third-party deadline, a proposed settlement, or a request for lien approval, say so in the first message.
One-line email: “We represent an Arizona client with a work injury and third-party case; please review the workers’ compensation claim and coordinate with our team.”
Include what is readily available:
- Client name and contact information
- Date, location, and brief description of the work injury
- Employer and workers’ compensation carrier information, if known
- Claim number and adjuster information, if available
- Names of the potential negligent third parties
- Status of the third-party case, including any pending settlement discussion
- Notices, lien statements, benefit information, or correspondence from the carrier
- Any known deadline concern, especially the one-year third-party claim issue
Send the referral through the firm’s contact page or call (877) 370-5788 for a free consultation. We can then discuss the compensation claim and the appropriate way to coordinate with your firm on the civil case.
Frequently Asked Questions
Can I refer the workers’ comp claim and keep the injury lawsuit?
Yes. The working model is that Arizona’s Work Injury Firm handles the workers’ compensation claim while the referring firm keeps the third-party injury case. The firms coordinate on issues that overlap, including deadlines, the carrier’s lien, settlement planning, and communications that affect both claims.
What should my intake team look for in a potential referral?
Ask whether the injury happened while the person was working and whether someone other than the employer may have caused it. A motor vehicle collision, unsafe property, or defective product may point to a third-party claim alongside workers’ compensation. Capture the injury date, employer, carrier information, possible third parties, and any urgent settlement or deadline issue.
Do you take over the third-party claim when we send a work injury referral?
Not under the vet-and-return approach described here. The compensation claim is handled by the workers’ compensation firm, and the third-party claim remains with or returns to the referring firm. The point is to coordinate the connected claims while respecting the division of work.
What happens if the client is close to one year from the work injury?
The third-party claim needs immediate attention. If the worker does not pursue it within one year of the injury, the claim is automatically assigned to the workers’ compensation carrier. Counsel can request a written reassignment from the carrier as the one-year point approaches; a written reassignment restores the claim to the worker and preserves the additional year.
Do we need carrier approval before settling the civil case?
Written carrier approval is required when the third-party settlement is less than the carrier’s lien. The consequence of missing that step can be serious, including at the extreme a forfeiture of future workers’ compensation medical and indemnity benefits. Bring the compensation team in before settlement documents are finalized.
What can the workers’ compensation carrier recover from the settlement?
The carrier is entitled to reimbursement for medical expenses and indemnity payments, meaning lost-wage payments. It is not entitled to reimbursement for legal fees, nurse case management, independent medical examinations, surveillance, or other non-recoverable costs. The total recovery is also reduced by reasonable and necessary expenses actually paid to secure it, including attorney fees, when determining the amount actually collectable.
Can our firm request a CLE or lunch-and-learn?
Yes. Arizona personal injury firms can request free CLE and lunch-and-learn training for attorneys, intake staff, and paralegals. Call (877) 370-5788 to discuss a session focused on work injury referrals, carrier liens, reassignment, or settlement coordination.
Talk with a workers’ compensation-only Arizona firm
If your client has a work injury and a potential third-party case, a focused compensation review can help your firm plan the next step. Arizona’s Work Injury Firm offers a free consultation for referrals and co-counsel conversations. Call (877) 370-5788 or use the contact page to send the case.
What Our Clients Are Saying!
Our unique approach to working with our clients
This Firm Stands Up for Working Families
“This law firm really stands up for working families; stands up for workers and will take your case and fight for your case. And get you the best possible settlement that you can have. You should trust in this law firm. This is the law firm that stood when the state was being challenged under SB1070 the anti-immigrant law.”
I Recommend This Firm To You
“Hi, my name is Ron Selma and I’ve been a client for a year and a half. Arizona’s Work Injury Firm, have been very professional for me and I would recommend this firm to anyone. They all are very professional.”
Injured On The Job
“My name is Jennifer Logan & I was injured on the job in January of 2013. Arizona’s Work Injury Firm came highly recommended from an attorney that I work for. I’ve been coming here ever since I consulted with him. He helped me out.”
In An Accident At Work
” Alex Carpio has been my attorney since the beginning in August of 2012. I was in an accident at work and I explained everything. At that point he said: “We’re going to continue & we’re going to go on with this because you do have a case.” I would recommend Alex Carpio very highly. He’s a great gentlemen and he listens.”
Arizona Workers Compensation Results
“I was injured on 10-1-2010. During that time I was in so much pain. I was really happy that I was able to find Arizona’s Work Injury Firm. If you look at my file I’ve over 3.5 years of paperwork. There’s no way that I would have been able to handle it on my own. They reminded me when I was supposed to go to court and took care of all the legal proceedings.”
We Recommend This Firm To You
“Hello, my name is Jorge Ramirez and my lawyer was Alex Carpio. He is a really good lawyer and I would recommend him to a lot of people. Arizona’s Work Injury Firm, have been very professional for me and my wife. Thank you Alex Carpio.”
At Arizona’s Work Injury Firm, we don’t identify you by your injury or your claim. We recognize you by name and by face. You have an important life with people who look up to you and depend on you. We treat you with that same respect. We will work with you on your Workers’ Compensation or Social Security Disability claims, helping you secure the benefits you deserve; affording you dignity today and hope for the future.