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★ Arizona · workplace

Workplace settlements
in Arizona.

By Reviewed by Abd Shanti, Founder9 min read

Arizona pays temporary total disability at 66 2/3 percent of the average monthly wage, with the wage capped by a figure the Industrial Commission sets each year. The state constitution also guarantees compensation when work risks contribute to an injury, which is why a worker who failed a drug test still won benefits.

Facts that decide a workplace claim in Arizona

Temporary total disability66 2/3 percent of the average monthly wage during the disability, plus $100 a month if others depend on the worker.A.R.S. § 23-1045(A)
Wage capBenefits are computed on the average monthly wage at the time of injury, and wages above the statutory maximum are excluded.A.R.S. § 23-1041
Constitutional guaranteeA worker must be compensated when a necessary risk of the job caused or contributed to the injury, even if drugs or alcohol also played a part.Grammatico v. Industrial Commission (Ariz. 2005)
★ AZ · reported workplace outcomes

What Arizona courts have awarded.

Real Arizona decisions and verdicts, each linked to the court record or official report.

  • Arizona Supreme Court · 2005
    Denial of benefits set aside

    David Grammatico installed metal trim while walking on 42 inch drywall stilts. He fell in a cluttered area of the site and broke his right wrist and left knee, then tested positive for marijuana and methamphetamine he said he used on earlier days. Benefits were denied under a statute for employers with drug testing policies. The Supreme Court held the statute could not bar compensation where work conditions contributed to the fall.

  • Arizona Court of Appeals · 2014
    Hernia award affirmed

    Tucson fire captain Scott Woodworth helped lift an unconscious elderly woman from a couch to a gurney in February 2013. An hour later, in the station shower, he found a golf ball sized bulge in his groin and reported it at once. He felt no pain, and the city argued he had not met the statutory requirements for a hernia claim. The court held the judge did not err and affirmed the award.

★ AZ · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in Arizona.

  1. 1

    A failed drug test is not the end of a claim. Grammatico was paid because his stilts and the cluttered site contributed to the fall.

  2. 2

    Report a hernia or sudden injury immediately. Woodworth told his supervisor and the department doctor the same day.

  3. 3

    Compare your wage to the Commission’s cap for your injury date, since pay above it is excluded.

★ AZ · statute of limitations
2 years from date of injury

A.R.S. § 12-542

★ AZ · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage, reduced proportionally. The Arizona Constitution prohibits caps on damages in death or personal injury actions.

★ AZ · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Arizona.

★ workplace · same region & fault regime

Compare to like jurisdictions.

How Arizona's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Arizona · you are herePure comparative negligence2 years from date of injury—
New MexicoPure comparative negligence3 years from date of injuryNM · workplace →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · workplace →
MississippiPure comparative negligence3 years from date of injuryMS · workplace →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · workplace →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative, 51% bar2 years from date of injuryDE · workplace →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
★ AZ · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Arizona. See /methodology, /sources, and /disclaimer.