Personal Injury 360

Can an Employee Be Fired for Causing an Accident on the Job?

Arizona is an at-will state for employment. Generally, an employer can fire a worker for any reason, including causing an accident on the job. However, the termination must comply with the law and cannot be retaliatory or otherwise unlawful. The termination cannot be discriminatory, such as firing an employee for the sole reason that they are disabled.

Being Fired for Discrimination After a Workplace Accident

Your employer may have the right to fire you if a workplace accident results in a disability that prevents you from performing your job duties. However, the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for an employee with a disability. Therefore, if your employer fires you when you can perform your job duties or fails to make reasonable accommodations, it could be a wrongful termination lawsuit.

Retaliatory Termination After Filing for Workers’ Compensation

Even though an Arizona employer can fire an at-will employee without providing a reason, it could be a wrongful termination if it is in retaliation for applying for workers’ compensation benefits. Workers’ compensation insurance is a no-fault system. Even if an employee causes an accident at work, they can receive workers’ compensation benefits if they qualify for workers’ comp.

What Is Wrongful Termination in Arizona?

Arizona Revised Code §23-1501 defines wrongful termination as firing an employee in:

Violation of an employment contract
Retaliation against an employee for exercising their civil rights
Violation of a state statute, federal law, the Arizona Constitution, or the Civil Rights Act

Employers will claim they had a valid reason to fire an employee or were within their rights under at-will employment laws to terminate an employee. They will not admit they terminated the employee for reasons that would violate the employee’s rights or the law. Therefore, the employee needs evidence proving the termination violated the law.

What Can an Employee Do if They Are Fired After Causing an Accident on the Job in Phoenix, AZ?

If you are fired after causing an accident at work, talk with an employment lawyer. An attorney can review the circumstances surrounding your termination to determine if your employer violated one or more laws. Because there are deadlines for filing claims against employees, it is wise to speak with an attorney as soon as possible.

For example, you only have 180 days to file a claim for wrongful termination with the Arizona Civil Rights Division. The deadline for filing a Claim with the U.S. Equal Employment Opportunity Commission (EEOC) is 300 days. State law sets a one-year deadline for filing a breach of contract lawsuit for wrongful termination.

Gather as much evidence as possible to provide to the attorney. Evidence includes, but is not limited to, performance reviews, letters of termination, employment records, names of witnesses, emails, memos, and other documents related to your job or termination. The more information you can provide to an attorney, the better for your case.

What Damages Could I Receive for a Wrongful Termination After a Workplace Accident?

A wrongful termination claim could entitle you to damages for the losses and harm caused by being wrongfully fired from your job. The types of damages you could receive include:

Loss of employment benefits
Medical expenses, if applicable
Back pay and lost wages
Counseling costs
Diminished earning capacity and loss of future career opportunities
Emotional distress and trauma
Attorney’s fees and court costs, if allowed by statute
Expenses associated with searching for a new job
Pain and suffering

The damages received for wrongful termination depend on the factors of your case, including the reason for the wrongful termination claim. Some laws specify the types of damages you can receive for a wrongful termination claim.

Steps to Take After a Workplace Accident in Arizona

You should report the accident to your employer and seek medical treatment for your injuries as soon as possible. You may be entitled to workers’ compensation benefits, including medical treatment and loss of income benefits. Keep detailed records of all communication with your employer regarding your accident and injuries.

If you believe your employer violated your rights by terminating you after an accident at work, talk with an employment lawyer. An attorney can evaluate your case and advise you of your legal options for pursuing a claim for wrongful termination.

What Makes a Good Personal Injury Lawyer?

Getting hurt in an accident can turn your life upside down. Between medical bills, time off work, and emotional stress, the last thing you need is to feel alone in the process. That’s why choosing the right personal injury lawyer is one of the most important decisions you can make.

But how do you know if a lawyer is the right fit? Not every attorney is the same, and having the right one can make a big difference in your outcome.

Local Experience Matters

Personal injury law can be complex, and every city has its own unique legal environment. That’s why it helps to hire a lawyer who has experience handling cases in your local courts.

A personal injury lawyer who knows the judges, opposing counsel, and court procedures will often have an edge. They’ll also understand the local insurance companies and how they typically handle claims.

When searching for representation, make sure to ask:

How long have you been practicing in the state?
Have you handled injury cases?
Are you familiar with the local court rules and processes?

The more local experience an attorney has, the better prepared they’ll be to handle your case effectively.

A Strong Track Record of Personal Injury Results

When your financial future is on the line, you want a lawyer who has a proven ability to get results. While no lawyer can guarantee an outcome, past success is often a good indicator of their skill.

You can look for:

Settlements or verdicts in similar types of cases
Testimonials from past clients
Industry recognition or awards
Willingness to take cases to trial when necessary

A strong record shows that the lawyer knows how to negotiate and is prepared to go to court if needed. This also makes insurance companies more likely to take your claim seriously.

Communication and Personal Attention

One of the biggest complaints people have about lawyers is poor communication. When you’re dealing with an injury claim, you deserve to know what’s going on with your case.

Good lawyers take the time to:

Return calls and emails promptly
Explain your legal options clearly
Keep you updated on case progress
Answer your questions in plain language

Your attorney should also make you feel like a priority, not just another case number. Choose someone who shows compassion and makes you feel heard.

Legal Knowledge and Problem-Solving

A great personal injury lawyer is not just a good negotiator; they also know how to dig into the details of your case, find key evidence, and use the law to your advantage.

They should understand:

State negligence laws
How to calculate damages
The role of insurance companies
Court deadlines and filing requirements
How to deal with comparative fault issues

If your case gets complicated, you want someone who knows how to solve problems and push back against delay tactics or lowball settlement offers.

A No-Win, No-Fee Policy

Most personal injury lawyers work on a contingency fee basis. That means you don’t pay any fees upfront to hire your attorney, and your lawyer only gets paid if you win compensation. The fee they receive will be a percentage of the settlement or verdict they secure for you.

This allows you to get quality legal help without having to worry about hourly rates or legal bills while you’re still recovering. Before hiring a lawyer, ask them to explain the fee agreement. They should be transparent and willing to answer all of your questions about costs.

Contact a Personal Injury Lawyer for a Free Consultation

The right lawyer can give you confidence, peace of mind, and a better chance at fair compensation. If you’ve been injured due to someone else’s negligence, don’t wait to get the legal help you need.

Reach out for a free consultation with a local personal injury attorney. There’s no obligation to hire them afterward, and you won’t pay anything unless you recover compensation.

4 Reasons Why a Personal Injury Lawyer Will Not Take Your Case

If you’ve been hurt in an accident, you might be wondering whether you can file a personal injury claim. However, not every lawyer will accept every case. Understanding the reasons why an attorney could say “no” can help you decide your next steps and clarify if it’s worth seeking a second opinion.

Here are four common reasons a personal injury attorney might decline to represent you, as well as information on what you can do if you still believe in your claim.

1. There Isn’t Clear Liability

A strong injury case relies on demonstrating that someone else was at fault for your injuries. In other words, you need to show that another party’s negligence or wrongdoing caused the accident. Sometimes, if it’s unclear who is responsible—or if the evidence points to you being the primary cause—an attorney may be reluctant to take your case.

For instance, if the police report or witness statements suggest you’re mostly at fault, or if the accident’s circumstances are murky, an attorney might feel the case doesn’t have solid ground.

If you’re in this scenario, gather any additional proof or documents that might clarify who is responsible. Police reports, eyewitness details, or photos from the scene could help shift an attorney’s view and show that your claim might hold water after all.

2. Damages Aren’t Significant Enough

Another reason a lawyer might turn you down is if your injuries and financial losses aren’t large enough to justify the legal costs. In personal injury cases, attorneys typically work on a contingency fee basis, meaning they only get paid if you win compensation.

Cases with minor injuries and low medical bills may not recover enough money to cover the attorney’s time and expenses, especially once court or expert witness costs are factored in.

If your financial losses are modest, you could try handling the claim alone through the at-fault party’s insurer, especially if the fault is obvious. However, if you suspect the damages are bigger—like hidden future medical needs or lost wages—consider gathering more medical assessments or second opinions that confirm the true extent of your costs.

3. The Statute of Limitations Has Passed

In most states, there’s a statute of limitations on personal injury cases—usually two years from the date of injury (though certain details can alter this deadline). If you wait too long and the filing window has closed, a lawyer will generally decline your case because the courts will almost certainly dismiss it. Attorneys don’t want to invest time in a matter that’s already barred by law.

Check whether any exceptions exist—such as injuries discovered late or if the injured victim is a minor. Even if your time seems to have expired, it might be worth consulting another lawyer to confirm.

4. Insufficient Evidence of Injury or Causation

Sometimes, an attorney sees that the direct link between the accident and your injuries isn’t clear. Maybe medical records don’t prove that your harm stems from the incident in question, or perhaps you have a pre-existing condition that complicates matters. In personal injury law, you need to show both that you’re truly injured and that the accident caused it.

If you believe your injuries truly resulted from someone else’s actions, you can seek more detailed medical exams or specialist opinions. Having a doctor who can connect your pain or limitations to the crash can strengthen your case. An attorney might reconsider if new, robust medical proof emerges.

Contact a Personal Injury Lawyer for Help After an Accident

Even if one attorney turns you down, that doesn’t necessarily mean you lack a valid claim. It might just be too risky for that particular lawyer, or the case may need stronger evidence. Get in touch with an attorney for a free consultation to learn about your legal rights and options.