Arizona Workers’ Comp for Injuries Outside Arizona

Getting hurt on a work assignment outside Arizona can leave you with an immediate question: where should your workers’ compensation claim be handled? The accident location matters, but it is not necessarily the only state connected to your claim. Where you were hired and where you regularly work may also matter.

For Arizona workers injured outside Arizona, A.R.S. § 23-904 provides several rules worth examining before assuming that only the other state can help. The same statute addresses workers from other states who are temporarily working here. An employer’s out-of-state headquarters does not, by itself, settle the question.

At Arizona’s Work Injury Firm, also known as Snow, Carpio & Weekley, PLC, we practice Arizona workers’ compensation only. Our attorneys can review your employment history and injury circumstances to assess whether an Arizona claim may be available.

The core rule: being hired or regularly employed in Arizona

A.R.S. § 23-904(A) covers a worker who has been hired or is regularly employed in Arizona and suffers an accidental personal injury arising out of and in the course of employment. Its key language provides for Arizona compensation “even if the injury was received outside this state.”

In plain English, crossing a state line for work does not necessarily end your connection to Arizona workers’ compensation. A worker hired in Arizona may have a basis for an Arizona claim even if the accident happens elsewhere. A worker regularly employed here may also have a basis for coverage, depending on the circumstances.

These are alternative employment connections in the statute: being hired in Arizona or being regularly employed here. Neither eliminates the requirement that the injury arise out of and in the course of employment. Our review considers both your connection to Arizona and what you were doing when you were injured.

What “regularly employed in Arizona” actually means

“Regularly employed” calls for a closer look at your working arrangement. Relevant factors include where you spend most of your work time, where your paychecks are issued, and where your job assignments originate. Those details can help explain whether Arizona is a regular center of your employment rather than simply somewhere you occasionally pass through.

Consider a driver who receives assignments from an Arizona operation but travels across several states. We would want to review the driver’s work pattern, assignment records, and payroll information. The fact that a particular delivery ended outside Arizona would not answer every question about the employment relationship.

Likewise, an Arizona home address should not replace an examination of where you were hired or regularly employed. If you accepted a job remotely, explain where you and the employer were during the hiring process and save the relevant communications. Our attorneys can assess those facts without assuming that one email, company address, or paycheck decides the issue.

Temporary work outside Arizona may remain connected to Arizona

Section 23-904(B) addresses a worker employed in Arizona and subject to its workers’ compensation law who temporarily leaves the state incidental to that employment. If the worker suffers an injury arising out of and in the course of employment, the statute provides benefits as though the injury occurred in Arizona. It also addresses benefits for beneficiaries if the injury results in death.

A short assignment across the border may therefore deserve a different analysis from a lasting change in where someone works. For example, an Arizona-based crew sent elsewhere for a project should not assume that the project location automatically controls every compensation question.

The dates and terms of the assignment matter. Keep the travel instructions, schedules, expected return date, and any changes to the assignment. The statutory definition of temporary work, discussed below, also needs to be considered rather than relying on an employer’s informal label.

When an out-of-state worker may be exempt from Arizona coverage

The situation changes when a worker from another state is temporarily working in Arizona for an employer from that state. Section 23-904(C) provides an exemption from Arizona’s workers’ compensation chapter only when all four listed conditions are satisfied:

The employer has workers’ compensation insurance under another state’s laws that covers the worker’s employment while in Arizona.
That other state recognizes the extraterritorial provisions of Arizona’s workers’ compensation chapter.
Arizona-covered employers and workers are likewise exempt from the other state’s workers’ compensation act.
The other state’s workers’ compensation benefits are the exclusive remedy against the employer for the injury sustained while temporarily working for that employer in Arizona.
An out-of-state insurance policy alone does not establish every condition. The reciprocal treatment between the states and the scope of coverage also need examination. This is why an employer’s statement that “our policy is from another state” should prompt further review rather than end the conversation.

Section 23-904(F) supplies a specific definition of temporary work for this statute. It looks at whether the worker performed fewer than 90 continuous days of required services in the state, under the employer’s direction and control, during the 365 days immediately preceding the injury. For an occupational disease or cumulative trauma claim, the reference point is the last date of injurious exposure.

Do not treat that definition as a simple “90 days since arrival” rule or as a guarantee of coverage once a particular date passes. The statutory wording, work history, and other requirements must be considered together. Bring assignment dates and records of required services so we can examine the actual timeline.

What if your employer is based outside Arizona?

A company may have its headquarters elsewhere while employing people who work regularly in Arizona. Conversely, an employee may live in Arizona but have a working arrangement centered elsewhere. Neither the company’s mailing address nor the worker’s residence should substitute for examining the statutory requirements.

Tell us where you were hired, where you normally perform your work, and who sends your assignments. Explain whether the out-of-state location was a temporary assignment or part of your usual schedule. If you were injured while working in Arizona, tell us about any other state’s coverage as well. Our review focuses on the employment relationship, not simply the address printed on a company website.

What happens if you already filed in another state?

An existing claim elsewhere does not necessarily answer whether Arizona law may also apply. Section 23-904(G) addresses claims for the same injury or occupational disease under Arizona law and another jurisdiction’s workers’ compensation laws. It requires compensation paid or awarded elsewhere to be credited against compensation due in Arizona.

The statute preserves entitlement to the full compensation due under Arizona law. If Arizona compensation is greater, or compensation paid elsewhere is recovered from the worker, the insurer must pay any unpaid compensation up to the amount required by the Arizona claim. That is a credit rule, not a promise that Arizona will pay more in your case.

Bring any claim forms, payment records, decisions, and correspondence from the other jurisdiction. We need to understand what has been claimed, paid, or awarded before discussing what may remain available in Arizona. Both states’ laws can be involved, and the analysis is fact-specific; do not assume two claims mean two full payments for the same injury.

The one-year Arizona filing deadline still needs attention

Arizona generally requires a workers’ compensation claim to be filed with the Industrial Commission of Arizona within one year of the injury. When more than one state is involved, do not assume that opening a claim elsewhere also means an Arizona claim has been filed.

We recommend checking the Arizona filing status promptly rather than waiting for an insurer to resolve a jurisdiction dispute. Save copies of submitted forms and any confirmation you receive. Tell our attorneys the injury date, when you contacted the employer or insurer, and whether anything has been submitted to the Industrial Commission of Arizona.

Uncertainty about which state applies is a reason to get advice early, not a reason to put the paperwork aside.

An out-of-state crash may also raise third-party and lien issues

A work-related crash caused by a negligent third party may involve a separate claim alongside workers’ compensation. An Arizona workers’ compensation lien under A.R.S. § 23-1023 can also be in play. For an overview of that issue, read our explanation of Arizona workers’ compensation liens.

The state where the crash happened and the compensation claim history may complicate the review. Avoid assuming that a potential third-party recovery is separate from every workers’ compensation obligation. Our guide to third-party work injury claims explains why the two issues should be considered together.

A separate one-year third-party deadline can also be in play. Review our discussion of the one-year deadline for third-party work injury claims and seek advice promptly about the particular accident. Our firm practices Arizona workers’ compensation only. We can examine the compensation and lien questions while any separate third-party claim receives appropriate legal attention.

Workers whose assignments cross state lines

These questions can arise in many jobs, including over-the-road trucking, road construction, traveling healthcare, seasonal agricultural work, and union-dispatched assignments. The occupation alone does not establish Arizona coverage. The hiring arrangement, regular work pattern, temporary assignment details, and injury circumstances remain important.

For a truck driver, dispatch records may help explain where assignments originate. A construction worker may have project schedules showing the length of an assignment. Traveling healthcare staff and seasonal agricultural crews may have contracts identifying assignment locations and dates. Union workers may have dispatch or assignment records worth reviewing alongside employer documents.

Workers who move between a warehouse and delivery routes may also find our information for Arizona warehouse and logistics workers helpful. Whatever your job title, bring the documents that describe how and where you actually work.

What to gather before talking with our attorneys

Start with your hiring paperwork, recent work schedules, payroll records, and the instructions for the assignment where you were injured. Add the accident date and location, medical records you already have, and the names of the employer and insurer. If another state’s claim is open, include its claim number and correspondence.

A simple timeline can be especially useful: when you were hired, where you ordinarily worked, when you traveled, and when the injury occurred. You do not need to resolve the jurisdiction question yourself before calling. We can identify what needs closer review and what additional records may help.

Frequently Asked Questions

Can I file a workers’ comp claim in Arizona if I was hurt outside Arizona?

You may be able to if you were hired or regularly employed in Arizona and the injury arose out of and in the course of your employment. A.R.S. § 23-904(A) provides for Arizona compensation even when the injury occurs outside the state. Our attorneys can review your hiring history, work assignments, and accident circumstances rather than relying only on the accident location.

What does “regularly employed in Arizona” mean?

It generally involves examining your actual work relationship, including where you spend most of your work time, where paychecks are issued, and where job assignments originate. Those facts should be considered together rather than treating one address or document as conclusive. Bring work schedules, dispatch records, and payroll information so we can examine your connection to Arizona.

What if my employer is based in another state?

An out-of-state headquarters does not by itself answer whether Arizona workers’ compensation law applies. Where you were hired, where you regularly work, and whether the assignment is temporary may matter. If you are temporarily working in Arizona for an employer from another state, the insurance and reciprocity conditions in § 23-904(C) also need careful review.

Can I claim workers’ compensation in both states?

Claims in more than one state may be possible, depending on the facts and the applicable laws. Under § 23-904(G), compensation paid or awarded under the other jurisdiction’s workers’ compensation laws is credited against compensation due in Arizona for the same injury or occupational disease. That does not guarantee a larger Arizona payment, and we should review any existing claim before you assume what remains payable.

What if I was only temporarily working in another state?

Section 23-904(B) may preserve Arizona benefits when a worker employed in Arizona and subject to its workers’ compensation law temporarily leaves the state incidental to that employment and suffers a work-related injury. The statute also defines temporary work using fewer than 90 continuous days of required services during the preceding 365-day period. The assignment dates and circumstances need review; the employer’s description of a trip as temporary is not the whole analysis.

How long do I have to file in Arizona?

Arizona generally requires a workers’ compensation claim to be filed with the Industrial Commission of Arizona within one year of the injury. Do not assume a claim filed elsewhere has also been filed in Arizona or that a discussion with an insurer resolves the filing requirement. Contact our attorneys promptly so the filing status and relevant dates can be reviewed.

What if a third party caused the out-of-state accident?

A negligent third party may create a separate issue alongside your workers’ compensation claim. The Arizona workers’ compensation lien under A.R.S. § 23-1023 and a one-year third-party deadline can also be in play, depending on the circumstances. Our practice is Arizona workers’ compensation only; we can review the compensation and lien issues while any separate third-party claim receives appropriate legal attention.

Get a free consultation about your interstate work injury

If you were injured outside Arizona or work for an employer based in another state, let us review the facts before you assume Arizona benefits are unavailable. Arizona’s Work Injury Firm offers a free consultation, with no fee unless benefits are secured. Call 855-325-4781 or contact our Arizona workers’ compensation attorneys to discuss your circumstances. We have offices in Phoenix, Tucson, Yuma, Lake Havasu City, and Flagstaff. Our attorneys and staff are fluent in Spanish.