Hit by a Truck at Work? Arizona Workers' Comp and Third-Party Claims

If you were hit by a truck at work, Arizona law may put you in two separate systems at once. One is workers' compensation, which pays certain medical and wage benefits through your employer's insurance. The other is a personal injury claim against the trucking company, driver, or other outside party that caused the crash.

These two claims follow different rules, and they affect each other. This guide explains how they fit together, what the one-year rule in A.R.S. 23-1023 means, and the practical steps that can protect both claims. For a broader overview of truck crash claims, see our Phoenix truck accident lawyer page.

Why this matters in Phoenix

The Phoenix area runs on freight. Distribution centers and warehouses line the I-10 corridor in the West Valley, the Loop 303 in Goodyear and Glendale, and the industrial areas near Sky Harbor and south Phoenix. That means a lot of people work next to semis, box trucks, and delivery vans every day.

Common situations where workers are hurt by a truck include:

• Delivery drivers rear-ended or sideswiped by a semi while making stops in Mesa, Chandler, or Tempe.

• Warehouse and dock workers struck by a tractor-trailer backing into a bay, or crushed when a truck pulls away too early.

• Road and utility crews hit by a truck that drifts into a work zone on I-17, the Loop 202, or a city street. Our work zone truck accident guide covers these crashes in more detail.

• Rideshare and app-based drivers hit by a commercial truck while carrying a passenger or on the way to a pickup.

• Truck drivers themselves, hurt by another truck, a shipper's loading crew, or a faulty repair. See our guide for injured truck drivers.

In each case, the question is not only "will workers' comp pay?" but also "did someone outside my company cause this?"

Workers' comp vs. a third-party claim

Workers' comp: your employer's side

In Arizona, workers' comp is generally the exclusive remedy against your employer and co-workers acting within the scope of their jobs (A.R.S. 23-1022 (opens in a new tab)). That usually means you cannot sue your own employer for negligence. The statute has a narrow exception for "wilful misconduct," which it defines as an act done knowingly and purposely with the direct object of injuring another.

Comp benefits generally do not depend on who was at fault. But they also do not cover everything. Comp typically pays medical care and a portion of lost wages (for temporary total disability, 66 2/3 percent of the average monthly wage under A.R.S. 23-1045 (opens in a new tab)), and it does not pay for pain and suffering.

There is also a filing deadline for the comp claim itself. Under A.R.S. 23-1061(A) (opens in a new tab), a comp claim generally must be filed with the Industrial Commission in writing within one year after the injury occurred or the right to compensation accrued, subject to exceptions in the statute. The time starts when the injury becomes manifest or when you know, or reasonably should know, that you have a compensable injury.

Third-party claim: everyone else

The exclusive-remedy rule protects your employer. It does not protect outside companies. A.R.S. 23-1023(A) (opens in a new tab) says that if a worker entitled to comp is injured "by the negligence or wrong of another person not in the same employ," the worker (or, if the worker dies, the worker's dependents) may pursue a claim against that other person.

Depending on the facts, possible third parties may include:

• The trucking company that employed the at-fault driver

• The truck driver personally

• A shipper or loader that overloaded or poorly secured cargo

• A maintenance or repair shop that worked on the truck's brakes or tires

• A parts or trailer manufacturer

• A property owner or general contractor, in some site-injury cases

Our guide on who is liable in a truck accident explains how responsibility can be shared among these parties.

A third-party claim can include damages that comp does not pay, such as pain and suffering and the full amount of lost earnings.

The one-year rule in A.R.S. 23-1023

This is the part of Arizona law that catches many injured workers by surprise. Arizona's general deadline for injury lawsuits is two years (A.R.S. 12-542 (opens in a new tab)). But when you are also receiving comp, a shorter clock affects who controls the third-party claim.

What the statute says

Under A.R.S. 23-1023(B) (opens in a new tab), if the injured worker (or dependents) does not file a lawsuit against the third party within one year after the cause of action accrues, the claim "is deemed assigned to the insurance carrier or self-insured employer." The same thing happens if the worker files suit but does not fully pursue it and the case is dismissed.

After that assignment, the statute says:

1. The carrier or self-insured employer may file its own lawsuit against the third party.

2. A dismissal of the worker's case for lack of prosecution does not stop the carrier from recovering the benefits it paid.

3. The carrier may prosecute or settle the claim, or it may reassign the whole claim back to the worker. After reassignment, the worker has the same rights to pursue the claim as if it had been filed within the first year.

What this means for you

In plain terms: if you wait past one year, you may lose control of your own injury claim, at least for a time. The carrier's main interest is usually getting back what it paid in benefits. Your interest also includes pain and suffering, future losses, and the full value of the claim. Those goals are not always the same.

Reassignment back to you is possible, but the statute says the carrier "may" reassign. It does not say it must.

The carrier's lien and reimbursement

Even when you file on time and keep control of your claim, the comp carrier has a financial stake in it.

Under A.R.S. 23-1023(D) (opens in a new tab):

• The carrier keeps paying comp benefits while you pursue the third party.

• The carrier has a lien on the amount "actually collectable" from the third party, up to the comp and medical benefits it has paid.

• "Actually collectable" means the total recovery minus reasonable and necessary expenses, including attorney fees, spent to get the recovery.

• The lien is "not subject to a collection fee."

• Going forward, the carrier pays only the deficiency, meaning the difference between what you collected and the benefits the comp system would have provided. This works like a credit against future benefits.

• If you settle for less than the comp and medical benefits provided, you need the written approval of the carrier or self-insured employer.

You also must give the carrier written notice of your intent to bring a third-party action and keep it updated on pleadings and rulings. The carrier can join (intervene in) your case at any time to protect its interests (A.R.S. 23-1023(C) (opens in a new tab)).

Why handling both claims at one firm can matter

The comp claim and the third-party claim are tied together by the lien, the notice rules, the settlement-approval rule, and the one-year assignment rule. When different people handle each claim without talking, problems can follow. A comp settlement might be signed without thinking about the injury claim. Or the injury claim might settle without a plan for the lien.

Having one team look at both claims can help:

• Track the one-year third-party deadline and the comp filing deadline together.

• Send the required written notice to the carrier.

• Gather medical records once and use them in both claims.

• Address the lien and future credit before a settlement is signed.

• Discuss lien reduction or compromise with the carrier where the law allows.

Our firm handles both workers' compensation and personal injury claims, so we can help with both claims.

Our fees are explained on the truck accident fee calculator page. How fees work for each claim depends on the case and is set out in writing before you sign. If there is no recovery, you may still owe case costs.

Special situations

Road crews and public employees

If you work for a city, county, or the state, comp rules still generally apply. If a public entity (not your employer) shares fault, for example through a poorly designed work zone, a separate notice of claim may be due within 180 days (A.R.S. 12-821.01 (opens in a new tab)), and a one-year deadline to sue may apply (A.R.S. 12-821 (opens in a new tab)).

Rideshare and app-based drivers

Whether you have comp at all depends on whether you are legally an employee or an independent contractor. Arizona's comp law defines an independent contractor in A.R.S. 23-902(C) (opens in a new tab), and a separate statute, A.R.S. 23-1603 (opens in a new tab), treats certain "qualified marketplace contractors" as independent contractors if listed conditions are met. That statute does not cover contractors who deliver parcels or freight for pay. Arizona law also requires rideshare companies to disclose to drivers the insurance coverage they provide while the driver uses the app (A.R.S. 28-9558 (opens in a new tab)). The same disclosure must warn drivers that their own auto policy might not cover them while they use the app.

Even if you have no comp, you may still have a claim against the at-fault trucking company.

Delivery drivers and dock workers

Some delivery drivers are employees; others work for a contractor or as independent contractors. Under A.R.S. 23-902(B) (opens in a new tab), when a company keeps supervision or control over a contractor's work and the work is a regular part of the company's business, the contractor's employees are treated as employees of that company for comp purposes. That can change who is "your employer" and who is a third party.

What to do after being hit by a truck at work

1. Get medical care right away and tell the provider it happened at work.

2. Report the injury to your employer in writing as soon as you can. Arizona law says an injured employee must report the accident and injury to the employer "forthwith" (A.R.S. 23-908(E) (opens in a new tab)).

3. File your comp claim with the Industrial Commission of Arizona (opens in a new tab) within the one-year deadline (A.R.S. 23-1061(A) (opens in a new tab)).

4. Write down the truck's details: company name, USDOT number on the door, plate, and trailer number.

5. Get names of witnesses, including co-workers and other drivers.

6. Take photos of the scene, the truck, the dock or work zone, and your injuries.

7. Do not give a recorded statement to the trucking company's insurer before getting advice.

8. Ask about evidence preservation. Trucking companies are only required to keep drivers' hours-of-service records and supporting documents for six months (49 CFR 395.8(k) (opens in a new tab)). Our truck accident evidence guide explains preservation letters.

9. Keep track of the one-year date for the third-party claim.