Injured on the Job as a Third-Party Merchandiser: Do I Have a Case?

Attorney Answer

You likely have two separate potential claims here — a workers' compensation claim against your employer and a possible third-party negligence claim against the grocery store — and both deadlines are already running.

Because you were injured while working, your primary claim is workers' compensation. Arizona Revised Statutes § 23-1061 requires an injured employee to file a workers' compensation claim with the Industrial Commission within one year after the injury occurs or becomes manifest. Workers' compensation generally covers medical costs and part of your lost wages, and accepting it typically bars a separate suit against your employer.

If negligence by the grocery store contributed to your injury, you may also have an independent claim against the store — but do not rely on the two-year personal injury period in Arizona Revised Statutes § 12-542. Because you are an employee entitled to workers' compensation, your real deadline is one year. Arizona Revised Statutes § 23-1023(B) provides that if you do not institute an action against the other person within one year after the cause of action accrues, the claim is deemed assigned to the compensation carrier or self-insured employer — meaning the store can no longer be sued by you, even though § 12-542's two years have not run. One more thing to know before you sign anything: under § 23-1023(C), compromising that third-party claim for less than the compensation and medical benefits payable on your workers' compensation claim requires the written approval of the carrier or the party liable to pay it. That claim could allow additional recovery, such as fuller wage replacement and pain-and-suffering damages, beyond what workers' compensation provides.

The $750 first offer appears low relative to a reported on-the-job injury requiring medical treatment and time off work.

What you can do:

1. File your workers' compensation claim with the Industrial Commission promptly, since that clock is already running.

2. Preserve medical records, incident reports, and correspondence with your employer and the grocery store.

3. Hold off on accepting the $750 offer until an attorney has reviewed your treatment and lost wages.

4. Have an attorney evaluate whether the grocery store's negligence supports a separate third-party claim.

⏱ Time limits apply. Arizona workers' compensation claims generally must be filed with the Industrial Commission within one year of the injury under A.R.S. § 23-1061, and your separate negligence claim against the grocery store must be filed within one year of accrual as well — under A.R.S. § 23-1023(B) it is deemed assigned to the compensation carrier after that, so the two years § 12-542 gives an ordinary injury plaintiff is not your deadline. A prompt review by a local attorney can confirm exactly how these deadlines apply to your case.