Legal Question in Personal Injury in Arizona

Re: Can wife sue employer for neglegence which rendered husband disabled?

Typically, under Arizona's worker's compesation laws, you cannot sue the employer directly if your husband was injured on the job. [There's very limited exceptions.] You are limited to pursuing a workers'compensation claim.

With respect to any third parties, such as negligent health care providers, you can file a lawsuit if you have any viable legal claims against them.

Very often in my experience, attorneys that focus their practice on personal injury claims do not practice workers compensation law, and vice-versa. My firm's practice focuses on personal injury, and I can talk to you about your potential claims against medical practitioners or other third parties. With respect to workers' compensation claims, I can refer you to attorneys

that focus their practice on those claims.

Because deadlines (called statutes of limitations) apply to any personal injury or workers' comp claims you may have, you should consult with an attorney as soon as possible.

[This communication is informational only. It is not legal advice and does not establish an attorney-client relationship.]

Adam Studnicki

480-361-2444

[email protected]

Re: Can wife sue employer for neglegence which rendered husband disabled?

The workers' compensation law protects employers from liability for "negligence." You are not really talking about negligence, however. What you are alleging is more like "bad faith" (if it is anything at all.) Without a lot more facts (and probably some documents,) I cannot tell you if you have a case against the employer and carrier.

Also, you should understand that if you have a remedy, it will probably be his, not yours. I do not believe that a spouse has standing to file suit for bad faith separate from the injured worker himself.

Feel free to call me at 800-863-4449 or 602-253-1789 if you would like to discuss this further.