Hurt on the job in Arizona? You are far from alone. The Bureau of Labor Statistics (BLS) reports that around 69,500 people were injured on the job in the state in 2022. This raises an important question: What is a Work Injury? The short answer is that it is any injury that occurs within the course and scope of your employment. It is a distinction that matters because it allows the victim to file for workers’ compensation benefits. Here, our Gilbert personal injury lawyer explains key things to know about the definition of a work injury in Arizona.
A Work Injury is One that Occurs Within the Course and Scope of Your Employment
In Arizona, a work injury is defined as one that occurs within the course and scope of your employment. In other words, it is an injury that was sustained while you—as an employee—were engaged in activities directly related to your job duties or while performing tasks for the benefit of your employer. To be clear, the definition includes injuries sustained during work hours and at the workplace, as well as other locations if you were carrying out your employer’s business.
Note: The majority of work injuries in Arizona are “acute”—they occur in a specific accident. However, a significant number of worker injuries also come with a gradual onset. You may hear these referred to as occupational diseases. Unlike an acute injury that might occur due to a specific accident at work, occupational diseases develop over time due to continuous exposure to harmful elements or repetitive activities.
Why the Distinction Matters: Workers’ Compensation Benefits
Why does it matter whether or not your injury is classified as a work injury? The short answer is that the distinction is key in Arizona because it determines your ability to file for workers’ compensation benefits. Here is an overview of the law in our state:
- Workers’ Compensation in Arizona: Workers’ compensation in Arizona operates as a no-fault system. Employees who are injured on the job can receive benefits regardless of who was at fault for the injury. The system ensures that workers receive medical care and compensation for lost wages without the need to prove negligence on the part of the employer. Coverage includes medical expenses, a portion of lost wages, and rehabilitation costs if necessary. Employers are required by law to carry workers’ compensation insurance. In exchange for receiving no-fault workers’ comp coverage, employees—as a class—give up their right to file a personal injury lawsuit directly against their own employer.
Understanding Your Right to Bring a Personal Injury Claim
Can you file a personal injury claim after an accident? In Arizona, the answer is “yes”—though who exactly can be pursued as a defendant in a claim will depend on the specific circumstances. Here is an overview of your rights in two key situations:
- Non-Work Injury: If your injury is not a work injury, you have the right to sue any party through a personal injury claim. To hold another party legally liable, you must be prepared to show that their negligence—failure to take due care—was a contributing factor in causing your accident. The workers’ compensation system is not a factor in this type of case.
- Work Injury: If your injury is classified as a work injury, your initial claim should be a no-fault workers’ comp claim. You cannot sue your employer directly for a personal injury. However, in addition to your workers’ comp claim, you may also have an additional legal claim against any negligent party other than your own employer that caused your accident. These types of claims are referred to as third-party liability cases.
Get Free Injury Legal Advice Today
At Free Injury Legal Advice, our Gilbert personal injury attorney fights aggressively to protect the rights of injured victims. Our team is proud to take on the full range of cases—including all types of work injury claims. You are not alone after an accident. If you have questions about a work injury claim, please do not hesitate to contact us today for a free, no-obligation case review. From our Gilbert office, we advocated for injured victims in Maricopa County and throughout Arizona.