Legal Question in Workers Comp in Arizona

i need help

ion 3-6-04. my superviser climb up onto some boxes to get a box of chairs down and needed help and i had to squize to get into the area she was. there were big pilets of merchandise on the floor in the back room were we were. so my superviser let go of the box thinking that i had it and i did not. and so it fell onto my head and went down my neck and shoulder. now i have a neck injury and in lots of pain. i have already did all the paper work and am seeing a doctor. i just wanted to know if i could sue my work and get anything out from it. i dont want to sue my supervise just my work. can you help me out with any info. i thought that i might have a case by it beeing a safty isue and something else? can you help

jaime


Asked on 3/13/04, 12:06 am

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Re: i need help

You cannot sue your employer. Under Arizona law, workers' compensation replaced the right to sue for negligence. The only way out of that is if a) you rejected workers' compensation coverage IN WRITING prior to the injury (and I've never recommended doing so to anybody,) or b) your employer failed to obtain workers' compensation insurance or failed to properly post the notices.

Keep in mind that you probably aren't giving up that much by not being able to sue...it doesn't sound like a very solid civil case, anyway.

Feel free to call me for a more personal consultation. I can be reached at 602-253-1789 or 800-863-4449.

Tom Stillwell

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Answered on 3/13/04, 1:51 pm


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