Legal Question in Personal Injury in Arizona

Re: Arizona State Employee's Right To Sue

Mr. Stillwell has given an excellent and complete response to your question. If you need a workman's compensation attorney, call him. If you desire to hire an attorney to make your claim against the third party who injured you, you are welcome to call me for a free, no obligation consultation in person or by phone at 480.835.1500.

Best regards,

James D. Jenkins

Re: Arizona State Employee's Right To Sue

Any recovery from a third-party can result in having work-comp requesting reimbursement. It is complicated...

Re: Arizona State Employee's Right To Sue

Your status as a State employee makes no difference. All injured workers who are covered by workers' compensation are treated the same on this issue. If you are injured by the negligence of a "third party" (not your employer or a co-worker) you have the right to sue the third party. However, your employer and their comp carrier have a lien against that lawsuit, and are entitled to recover the amounts they pay you and your medical providers. You cannot settle your third-party lawsuit for an amount that gives the employer/carrier less than 100% of their lien, unless you have their WRITTEN permission to settle. If the coverage and/or settlement amount is too small to pay them back their lien amount and also fairly compensate you and your attorney, then, the employer/carrier will usually compromise and accept less.

Two other important things to remember: 1) When your case is settled, anything that you receive out of the suit becomes a credit against all future compensation and medical benefits (thus cutting off your workers' comp claim until you use up all the money you got from the suit) unless your lawyer negotiates a reduction or elimination of the "future credit". 2) Your third-party lawsuit has a two-year statute of limitations, like all personal injury cases, but the law turns the right to file suit over to the employer/carrier after one year, and you have to ask the employer/carrier to give you back the right to sue. THEY DON'T HAVE TO GIVE IT BACK TO YOU, or they can give it back with conditions. It's usually best to file your suit before the firsts anniversary of your accident.

Many personal injury attorneys do not understand all of the aspects of workers' compensation liens. Sometimes they pay a certified specialist in workers' comp (like me) to help get the best-possible settlement terms for you. I am available for a no-obligation phone consultation, if you do not already have a workers' compensation attorney.