The answer to this question is "possibly". One of the few exceptions to the exclusive remedy in Arizona for workers' compensation is when your employer does not have workers' compensation insurance. Employers are mandated by Arizona law to have workers' comp insurance. When they do have the insurance, and you are injured on the job, you are typically not able to sue your employer for the injury.
If your employer does not have workers' compensation insurance and you want to sue them for the injury, you cannot "accept" workers' compensation benefits. If you accept workers' compensation benefits, it will typically keep you from being able to successfully sue your employer.
The courts have essentially interpreted "acceptance" as having a bill paid or compensation paid by the Special Fund division of the Industrial Commission which handles all of the uninsured cases in Arizona. Once this acceptance occurs, the injured worker is most likely left with pursuing his or her remedies through the workers' compensation system and cannot sue their employer.
Almost any move that you make can affect your rates after a serious injury. It is crucial that you confer with a knowledgeable workers' compensation attorney as soon as you are injured. Please feel free to call Fendon Law Firm for a free consultation. We are the largest Family owned and operated workers' compensation and Social Security Disability law firm in Arizona.