My husband was working when a Tucson driver hit him can we sue too?

Q: My husband was working when a Tucson driver hit him can we sue too?

The one thing your employer is hoping you never find out: workers' comp is not always your only remedy in Arizona. If your husband was hurt while doing his job, he likely has a workers' compensation claim through his employer's insurance. In Arizona, that usually blocks a lawsuit against the employer or a coworker because of the exclusive remedy rule. But if someone outside the job caused the crash - like another driver near Tucson Medical Center, in a school zone, or in holiday weekend traffic on I-10 or Grant Road - he may also have a separate personal injury claim against that third party. That is the dual-track setup: workers' comp for medical care and wage loss, plus a liability claim against the at-fault driver for damages like pain and suffering, which workers' comp does not pay. What you need to prove it: The crash happened in the course of work A third party caused or contributed to it Your husband's injuries and losses came from that crash Start gathering the crash report from the law enforcement agency that responded, usually Tucson Police Department or Arizona DPS if it was on a state highway. Get photos of vehicle damage, the work vehicle or trailer, skid marks, debris, and the scene. Keep his employer incident report, job assignment, time sheets, GPS logs, delivery schedule, and any text messages showing he was working. Also collect ER records, imaging, work restrictions, wage records, and every workers' comp claim paper filed with the Industrial Commission of Arizona. Watch the deadlines. Arizona generally gives you 2 years to file a personal injury lawsuit. Workers' comp reporting moves much faster, so do not sit on the employer paperwork while you sort out the driver claim.

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The one thing your employer is hoping you never find out: workers' comp is not always your only remedy in Arizona.

If your husband was hurt while doing his job, he likely has a workers' compensation claim through his employer's insurance. In Arizona, that usually blocks a lawsuit against the employer or a coworker because of the exclusive remedy rule.

But if someone outside the job caused the crash - like another driver near Tucson Medical Center, in a school zone, or in holiday weekend traffic on I-10 or Grant Road - he may also have a separate personal injury claim against that third party. That is the dual-track setup: workers' comp for medical care and wage loss, plus a liability claim against the at-fault driver for damages like pain and suffering, which workers' comp does not pay.

What you need to prove it:

The crash happened in the course of work
A third party caused or contributed to it
Your husband's injuries and losses came from that crash

Start gathering the crash report from the law enforcement agency that responded, usually Tucson Police Department or Arizona DPS if it was on a state highway. Get photos of vehicle damage, the work vehicle or trailer, skid marks, debris, and the scene.

Keep his employer incident report, job assignment, time sheets, GPS logs, delivery schedule, and any text messages showing he was working.

Also collect ER records, imaging, work restrictions, wage records, and every workers' comp claim paper filed with the Industrial Commission of Arizona.

Watch the deadlines. Arizona generally gives you 2 years to file a personal injury lawsuit. Workers' comp reporting moves much faster, so do not sit on the employer paperwork while you sort out the driver claim.