Construction Site Injuries in Arizona
Whether an injured construction worker in Arizona can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Construction injuries: under Arizona's workers' comp law, workers' compensation is the exclusive remedy against the employer, co-employees and the employer's comp insurer for a work injury, unless the injury was caused by the employer's or co-employee's willful misconduct (an act done… A.R.S. §§ 23-1022, 23-1023
| Construction site injuries | Construction injuries: under Arizona's workers' comp law, workers' compensation is the exclusive remedy against the employer, co-employees and the employer's comp insurer for a work injury, unless the injury was caused by the employer's or co-employee's willful misconduct (an act done knowingly and purposely with the direct object of injuring another). The worker may also sue a negligent or wrongful third party who is not in the same employ, such as another contractor or an equipment maker, subject to the insurer's lien. Third parties: https://www.azleg.gov/ars/23/01023.htm . No scaffold-law statute was searched for or reviewed. Source: A.R.S. §§ 23-1022, 23-1023 |
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| Fault rule (comparative negligence) | Pure comparative negligence. If the jury finds the injured person was partly at fault, the claim is not barred, but damages are reduced in proportion to that person's share of fault. A claimant who intentionally, willfully or wantonly caused or contributed to the injury does not get the benefit of comparative negligence. Re-verified 2026-10-27. Source: Ariz. Rev. Stat. § 12-2505 |
| Deadline to sue for an injury | A personal injury lawsuit must be filed within two years after the cause of action accrues. Claims for false imprisonment, libel or slander have one year. For someone under 18 or of unsound mind when the claim accrues, the time generally does not run until the disability ends. Re-verified 2026-10-27. |
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FAQ
Can you sue for a construction accident in Arizona?
Construction injuries: under Arizona's workers' comp law, workers' compensation is the exclusive remedy against the employer, co-employees and the employer's comp insurer for a work injury, unless the injury was caused by the employer's or co-employee's willful misconduct (an act done knowingly and purposely with the direct object of injuring another). The worker may also sue a negligent or wrongful third party who is not in the same employ, such as another contractor or an equipment maker, subject to the insurer's lien.
Can you recover damages if you were partly at fault in Arizona?
Pure comparative negligence. If the jury finds the injured person was partly at fault, the claim is not barred, but damages are reduced in proportion to that person's share of fault. A claimant who intentionally, willfully or wantonly caused or contributed to the injury does not get the benefit of comparative negligence.
What is the statute of limitations for personal injury in Arizona?
A personal injury lawsuit must be filed within two years after the cause of action accrues. Claims for false imprisonment, libel or slander have one year. For someone under 18 or of unsound mind when the claim accrues, the time generally does not run until the disability ends.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.