Harris Injury Law highlights dual claims for Arizona workers hurt in crashes

Harris Injury Law says Arizona workers injured in on-the-job car accidents may have both a workers’ compensation claim and a third-party injury claim. The Phoenix firm says the overlap can affect deadlines, recovery and liens on any settlement.

Why it matters: - Workers hurt in job-related crashes may have access to two separate recovery paths, which can change how much money they keep and what damages they can recover. - The issue matters most for people who drive for work, including delivery drivers, sales representatives and contractors. - Arizona’s crash and fatality numbers show the broader road safety backdrop. ADOT reported 118,052 crashes in 2025, down 4.4% from 123,535 in 2024. - ADOT also said traffic fatalities fell 5.2% to 1,156, and speeding was a factor in 31.8% of those deaths.

What happened: - Harris Injury Law, a Phoenix personal injury and workers’ compensation firm, said a work-related car crash can trigger both a workers’ compensation claim and a claim against the at-fault driver. - The firm said ordinary commutes to and from work are generally not covered. - The firm said employees injured while driving as part of their jobs may be able to pursue both types of claims. - ADOT Director Jennifer Toth said: "Fewer fatalities on Arizona's roadways is a move in the right direction, but even one death is one too many."

The details: - Arizona workers’ compensation is a no-fault system. - An employee injured in the course of employment can receive medical benefits and partial wage-loss benefits regardless of who caused the crash. - Workers’ compensation does not pay for pain and suffering. - Wage-loss benefits are subject to a statutory maximum set each year by the Industrial Commission of Arizona. - A third-party claim can be filed against the negligent driver. - Arizona workers generally cannot sue their own employer over a covered injury, but that limit does not apply to an outside driver who caused the crash. - A third-party claim can seek damages workers’ compensation does not cover, including pain and suffering and lost income beyond what workers’ compensation replaces. - The workers’ compensation carrier generally has a lien on a third-party recovery, so the claims need to be coordinated. - Jason A. Harris said an employee rear-ended while making deliveries may have both a workers’ compensation claim and a separate claim against the driver who caused the crash. - Harris said the carrier’s lien can affect what the injured worker ultimately keeps.

Between the lines: - The biggest trap for injured workers is assuming there is only one available claim. - Coordinating the claims early can matter because the workers’ compensation lien can reduce the net recovery from a settlement or verdict. - The overlap also creates timing pressure, since missing one deadline can limit leverage in the other claim.

What's next: - Harris Injury Law said a workers’ compensation claim in Arizona generally must be filed within one year of the injury. - Most personal injury lawsuits have a two-year deadline. - When workers’ compensation is involved, Arizona law provides that the claim against the at-fault driver is assigned to the insurance carrier if the injured worker does not pursue it within one year. - The firm recommends reporting the injury to the employer promptly, seeking medical care, requesting a copy of the police report and keeping records of medical visits and missed work. - Harris Injury Law said the release is for general informational purposes and is not legal advice. - The firm is based in Phoenix and represents people injured in car, motorcycle, truck and rideshare crashes, as well as workers hurt on the job, throughout Arizona. - More information is available on the company’s website.