You got hurt on a job site. In the middle of the pain, the paperwork, and the pressure to get back to work, it’s easy to miss the moves that protect you later.
This guide walks you through what to do in the first week, in order, so you don’t lose the record while it still exists.
Here’s the part most workers don’t hear until it’s too late: a job site injury can carry two separate claims at the same time. One is workers’ comp, a no-fault benefit through your employer.
The other is a claim against a different company on the site that caused the harm. The steps below protect both at once.
Why a Job Site Injury Has Two Tracks
Most workers think a job site injury means one thing: file for workers’ comp and hope it covers the bills. Comp matters, and you should claim it. But it’s only half the picture.
Workers’ comp is a no-fault benefit paid by your employer’s insurance carrier. Under ARS 23-1022, it’s your exclusive remedy against your own employer, which usually means you can’t sue the company that signs your checks.
That’s the trade: you get benefits without proving fault, and in exchange the employer is off the hook for a lawsuit.
A construction site, though, is rarely one company. There’s a general contractor, subcontractors, a property owner, equipment owners, and manufacturers. When one of them caused the fall, the collapse, or the crush injury, Arizona law treats them differently from your employer.
Under ARS 23-1023, you can pursue a separate claim against that third party while your comp claim runs. That third-party case is often where the larger recovery lives, because comp doesn’t pay for things like pain and suffering.
You don’t have to sort out who’s liable in your first week. You just have to protect the evidence that lets someone sort it out later. That’s what the rest of this guide is for.
Step 1: Report the Injury, and Get It in Writing
Report the injury to your employer or supervisor the day it happens, if you safely can. Arizona law is strict here. ARS 23-908 says you have to report the injury to your employer forthwith, which means without delay, and the same statute says that if you don’t, no compensation may be paid for that injury.
The Industrial Commission can excuse a late report when the circumstances justify it, but you never want your claim to depend on that.
A verbal report to a foreman is a start, not the finish. Follow it with something written: a text, an email, or a signed incident form. You want a dated record that the injury was reported, in your own hands, not only in the company’s file.
Reporting the injury to your employer and filing the formal workers’ comp claim with the Industrial Commission are two different steps. You have one year to file that formal claim (ARS 23-1061). Don’t assume the company filed it for you.
Step 2: Document the Incident and the Scene
An active job site doesn’t wait for you. Within days, equipment gets moved, debris gets cleared, and a broken ladder or a bad scaffold gets repaired or hauled off. The scene that caused your injury may be gone by next week.
So capture it now, if you can do so safely:
- Photograph the exact spot where you were hurt, from a few angles.
- Photograph the equipment, tool, or structure involved, including any defect or damage.
- Get wide shots that show where each company was working.
- Write down what happened while it’s fresh, in your own words, with the time and date.
- Save any texts, work orders, or safety notices tied to that day.
If the site keeps its own incident report or safety log, ask for a copy. Keep your own record either way. Two records that agree are stronger than one you can’t see.
Step 3: Identify Every Company on the Site
This is the step that protects the third-party claim, and it’s the one people skip. Don’t just note your own employer. Write down every company working the site: the general contractor, the other subs, the crane or scaffold company, the equipment rental outfit, and the property owner if you know it.
Names on trucks, logos on hard hats, signs at the gate, and the safety sign-in sheet all help. So do the names of coworkers and bystanders who saw what happened.
You may not know today which company was at fault. You just want the list to exist, because a construction site injury often traces back to a company you’d never have thought to name.
Step 4: Preserve the Gear
The hard hat, the safety line, the boots, the tool, or the part that failed can be evidence. Don’t throw any of it away, don’t return the failed equipment to the rental company, and don’t let anyone “fix” it if you can help it.
If a piece of equipment broke, that object may prove the case. Set it aside, keep it dry and intact, and tell your attorney it exists.
The same goes for the clothing and safety gear you had on. It’s a lot easier to preserve these things in the first week than to explain their absence later.
The Clocks You’re Racing
Arizona runs several deadlines at once, and they’re not the same length.
You have two years from the date of the injury to file a personal injury lawsuit in Arizona (ARS 12-542). Don’t wait. Evidence disappears and witnesses forget. Starting the process early gives you more options, not fewer.
There’s a work-injury wrinkle worth knowing. Under ARS 23-1023, if you don’t bring the third-party claim within one year, that claim can be assigned to the workers’ comp carrier, which may then pursue or settle it on its own.
The carrier can hand it back to you, but the one-year mark is a genuine turning point that a normal two-year mindset can miss.
The comp claim itself has its own one-year deadline to file with the Industrial Commission (ARS 23-1061).
If a government agency owned the site, ran the project, or supplied the equipment, a different and shorter deadline applies. Arizona law requires you to serve a notice of claim on the government agency within 180 days of the injury (ARS 12-821.01).
This is separate from and much shorter than the two-year lawsuit deadline. If you miss the 180-day window, the claim against the government is permanently barred, even if you still have time under the two-year rule. If you think a government entity may be involved, talk to an attorney as soon as possible.
Talking to the Insurers
You’ll hear from more than one insurer. Your employer’s comp carrier will process the comp claim. Other companies’ insurers may call too, and their job is to limit what their client pays.
You’re not required to give a recorded statement to another company’s insurance adjuster. It’s fine to get medical care, report the injury, and hold off on detailed statements until you’ve had a chance to talk to an Arizona construction accident lawyer.
If a worker’s death is involved, the family should know that a fatal job site injury can also give rise to a claim under Arizona’s wrongful death statute, which runs on its own two-year clock.
Your First Week, in Three Moves
If you remember nothing else, remember these:
- Report the injury to your employer right away, and put it in writing.
- Photograph the site, the equipment, and everyone working nearby before the scene changes.
- Write down every company on the site, and preserve the gear that was involved.
Those three moves protect the comp claim and the third-party claim at the same time. The deadlines are real and some are short, so if you’re unsure which clock applies to your situation, talk to an attorney early, while the record still exists.
Frequently asked questions
Do I have to choose between workers' comp and a claim against another company?
How soon do I have to report a job site injury to my employer in Arizona?
How long do I have to file the workers' comp claim itself?
How long do I have to bring a claim against a company that caused the injury?
What if the property or the equipment belonged to a government agency?
The foreman already photographed the scene. Should I still document it?
Sources & references
- Arizona State Legislature. ARS 23-1022: Compensation as Exclusive Remedy for Employees https://www.azleg.gov/ars/23/01022.htm
- Arizona State Legislature. ARS 23-1023: Liability of Third Person to Injured Employee; Election of Remedies https://www.azleg.gov/ars/23/01023.htm
- Arizona State Legislature. ARS 23-908: Injury Reports by Employer and Physician https://www.azleg.gov/ars/23/00908.htm
- Arizona State Legislature. ARS 23-1061: Notice of Accident; Claim for Compensation https://www.azleg.gov/ars/23/01061.htm
- Arizona State Legislature. ARS 12-542: Injury to Person; Two-Year Statute of Limitations https://www.azleg.gov/ars/12/00542.htm
- Arizona State Legislature. ARS 12-821.01: Claims Against Public Entities or Public Employees; Notice https://www.azleg.gov/ars/12/00821-01.htm