Arizona Accidents

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If I got hurt driving for work in Mesa, is workers' comp my only option?

$0 upfront medical copays can turn into thousands fast, and the short answer is no - in Arizona, workers' comp is usually your remedy against your employer, but you may still have a separate claim against a negligent third party.

Here are the exceptions and edge cases that matter:

  • Your employer is usually protected by Arizona's exclusive-remedy rule. If you were hurt in the course of your job, workers' compensation normally replaces a lawsuit against the employer under A.R.S. § 23-1022.
  • You can still sue a third party. If a red-light runner on US 60, a charter bus company, a toll or road contractor, a truck from Globe-Miami or Morenci mining traffic, or possibly a vehicle maker/software company in a self-driving crash caused the wreck, that is usually a separate civil claim.
  • Dual-track claims are common. You can pursue workers' comp for medical care and wage loss while also making a third-party injury claim. Trap: the comp carrier may assert a lien against any recovery from the third party.
  • If your employer had no workers' comp insurance, the shield can break. Arizona law allows a claim through the Industrial Commission of Arizona and may also allow a lawsuit against the uninsured employer under A.R.S. § 23-907.
  • Intentional or willful misconduct by the employer is a narrow exception, but it is hard to prove.
  • A coworker is usually not someone you can sue if they were acting within the job, but a truly outside contractor or vendor may be fair game.

Deadlines are where people get burned at year-end. Report the injury right away to the employer. A workers' comp claim generally must be filed within 1 year with the Industrial Commission of Arizona. A third-party injury lawsuit is usually 2 years under A.R.S. § 12-542.

Do not let an insurer push a fast settlement before policy renewal season if the crash might involve both claims. In Mesa, that matters even more with heavy commercial traffic, bus routes, and heat-related blowouts that can hide a maintenance-company claim.

by Diane Kessler on 2026-03-23

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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