Unfortunately, the answer is no — in most cases.
Workers’ compensation is an “exclusive remedy” against employers that doesn’t include compensation for pain and suffering. This is the major difference between a civil negligence (personal injury) claim and a workers’ compensation claim in Arizona. Workers’ compensation only provides payment for lost wages and medical expenses related to your workplace injury.
However, there are a few exceptions that do allow an injured worker in Arizona to pursue a civil lawsuit and seek compensation for pain and suffering, as well as other damages. The three most common exceptions are:
Gross negligence. If you were injured due to the “willful misconduct” of your employer or a co-worker, then you might be able to file a civil lawsuit against your employer and the co-worker responsible.
Uninsured. If your employer didn’t have workers’ compensation insurance at the time of your work injury, then you may file a civil lawsuit against your employer and pursue additional emotional distress damages.
Third-party. If your injury was caused by the negligence of a “3rd party” (someone other than your employer or co-worker), then you may be able to pursue pain and suffering damages in addition to your workers’ compensation benefits by suing the at fault party in civil court.