I am often asked by an injured worker, whether they can sue the employer for negligence. The quick answer is no, however as is often the case, there is an exception to that.
Arizona law provides that all employees are opted into the Arizona Workers Compensation system. Therefore, an employee is bound to the workers compensation system, unless he has notified his employer in writing that he chooses to reject it. The writing must be served on the employer. This must be done prior to when an injury occurs. An employer should have notice of these requirements in a “conspicuous place” at the premises. So if your injury has already happened, it is usually too late to let your employer know that you would like to opt out of the system, and sue them in civil court.
If notice was not properly posted you, an injured worker might be allowed to maintain other actions against the employer.
If you or someone you know has been injured at work or suffers from a medical condition or injury that will keep them from working for 12 months or longer, contact Snow, Carpio & Weekley at 855-325-4781 for a free consultation statewide. You may also learn more about us by visiting our website at www.workinjuryaz.com.
