Arizona’s workers’ compensation insurance is a “no-fault” program, meaning that no fault is affixed to an employee who is injured on the job. This is meant to speed up the payment process and ease what could be an adversarial situation between an employer and an employee. For most cases, workers’ compensation is meant to be a trade-off in which injured employees give up their right to sue in exchange for the right to receive workers’ compensation benefits
However, in some instances, an employee can retain a work-related injury lawyer to explore the possibility of bringing suit against an employer for certain deficiencies in the workplace that caused the injury and are outside the scope of workers’ compensation. If you believe your employer intentionally caused you harm or was reckless in a way that resulted in your injury, you may have grounds for a suit. This is known as an intentional tort in civil court.
Some of the instances when you may be able to sue for a workplace injury include cases involving assault, fraud, defamation, invasion of privacy, trespassing or other similar situations. There are several circumstances when a suit may be filed and if you believe this to be the case, it is best to check with our attorneys at The Wilmer Law Firm to explore your possibilities.
In some instances, certain employers have opted out of workers’ compensation in an attempt to find an alternative workers’ compensation option, but this does not relieve them of the obligation of insuring their employees in case an accident or injury happens. Typically, this takes place at larger companies, when they have enough assets that allow them to self-insure.
Failure to provide any type of coverage is considered a serious breach that can result in significant penalties including fines, criminal prosecution, and personal liability on the part of the employer for any benefits that are due to the employee.
Regardless of your employer’s coverage or your personal situation related to a workplace injury, you need to be clear on your rights. Contact The Wilmer Law Firm to explore your rights and see what the best course of action may be going forward.
The Wilmer Law Firm serves clients in Phoenix, Mesa, Scottsdale and nearby Arizona communities.