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By
John Quigley, Legal Content Director · Reviewed against current A.R.S. · Last reviewed 2026-06-11
Construction is among Arizona’s most dangerous industries. An injured worker usually has workers’ compensation, but a separate third-party claim may exist when someone other than the employer caused the harm.
What Arizona law says
A.R.S. § 23-1021 — Establishes a worker’s right to compensation for injuries arising out of employment, generally regardless of fault.
A.R.S. § 12-542 — Two-year statute of limitations for a third-party personal-injury lawsuit.
A.R.S. § 12-2505 — Pure comparative fault applies to any third-party negligence claim.
⏱ Key deadline
Workers’ comp claims should be filed within 1 year; third-party lawsuits within 2 years.
How construction accident cases work in Maricopa County
Workers’ comp claims go through the Industrial Commission of Arizona, while third-party suits (against equipment makers, subcontractors, or property owners) proceed in Maricopa County Superior Court. The two can run together.
Frequently asked questions
Can I sue if I get workers’ comp?
Often yes — against a third party (not your employer) who caused the injury, in addition to your workers’ comp benefits.
Who might be a third party?
An equipment manufacturer, a subcontractor, or a property owner whose negligence contributed to the accident.
What are the deadlines?
Generally one year to file a workers’ comp claim and two years for a third-party lawsuit.
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Disclaimer: AZAttorneyFinder is an independent attorney directory, not a law firm, and does not provide legal advice. This page is general legal information about Arizona law, reviewed against the Arizona Revised Statutes (A.R.S.). It is not a substitute for advice from a licensed Arizona attorney about your specific situation. Statutes change — verify current law before relying on it.