Wrongful Death Claims for Dependents of Temporary Workers in AZ

TL;DR

Yes, dependents of temporary workers killed on the job in Arizona can pursue a wrongful death claim, but the path is complex. While Arizona’s workers’ compensation system is typically the “exclusive remedy” and prevents lawsuits against the employer (both the staffing agency and the client company), legal action is possible. The most common route is by identifying a negligent third party, such as the manufacturer of faulty equipment or another contractor on the worksite, who is not protected by workers’ comp laws. In rare cases, a lawsuit against an employer may be possible if the death resulted from their “willful misconduct.”

Key Highlights

Dual-Employer Status: Temporary workers in Arizona are considered employees of both the staffing agency and the company where they work, complicating liability.
Workers’ Comp vs. Lawsuit: Workers’ compensation provides limited, fixed death benefits. A wrongful death lawsuit can recover a much broader range of damages, including loss of companionship and future earnings.
The “Exclusive Remedy” Rule: Arizona law (A.R.S. § 23-1022) generally bars dependents from suing an employer for a work-related death if workers’ compensation benefits are available.
Third-Party Liability is Key: The most viable option for a wrongful death claim is often to sue a negligent third party who is not the employer, such as an equipment maker or another company on the job site.
Two-Year Deadline: Arizona has a strict two-year statute of limitations to file a wrongful death lawsuit, starting from the date of the person’s death.

Arizona’s economy relies heavily on a flexible workforce, with thousands of individuals finding employment through temporary staffing agencies. These workers fill crucial roles in construction, manufacturing, warehousing, and hospitality across the state, from Phoenix to Tucson. According to the Bureau of Labor Statistics, the temporary help services industry is a significant employer nationwide, and Arizona is no exception. However, data consistently shows that temporary workers face a higher risk of workplace injuries and fatalities compared to their permanently employed counterparts, often due to insufficient training or being assigned to more hazardous tasks.

When a temporary worker suffers a fatal accident on the job, their family is thrust into a confusing legal situation. The core of this confusion lies in Arizona’s “dual employer” doctrine and the state’s workers’ compensation laws. Under Arizona Revised Statutes (A.R.S.), the workers’ compensation system is designed to be a no-fault insurance program. It provides specific benefits to the dependents of a deceased worker, but it also grants employers broad immunity from civil lawsuits. This protection, known as the “exclusive remedy” rule (A.R.S. § 23-1022), extends to both the staffing agency (the general employer) and the client company where the temp was assigned (the special employer).

For grieving families, this can feel like a dead end. The benefits provided by workers’ compensation, while helpful, rarely account for the full financial and emotional toll of their loss. They do not compensate for the loss of love, guidance, and companionship, nor do they fully replace a lifetime of lost income. Understanding the exceptions to the exclusive remedy rule and exploring all potential sources of proving liability is not just a legal exercise; it is a critical step for families seeking justice and financial stability for their future. The ability to hold a negligent party fully accountable often depends on a thorough investigation that looks beyond the immediate employer-employee relationship.

Understanding the Dual-Employer Dilemma in Arizona

When a person works for a staffing agency, their employment status is unique. They are not just an employee of the agency that issues their paycheck. Under Arizona law, they are also considered an employee of the company where they perform their daily tasks. This is known as the “dual-employer” or “co-employer” doctrine, and it is the foundation for understanding liability in a fatal workplace accident.

The General Employer: This is the temporary staffing agency. They are responsible for recruiting, hiring, and paying the worker. They are also legally required to carry workers’ compensation insurance for their employees.
The Special Employer: This is the client company where the temporary worker is placed. They control the day-to-day work activities, supervise the worker, provide the tools and equipment, and manage the safety of the worksite.

This shared employment status has significant legal implications. For the purposes of workers’ compensation, both the staffing agency and the client company are considered “the employer.” This means that the immunity from lawsuits provided by the exclusive remedy rule protects both entities. If a temporary worker is killed due to a safety lapse at the client company’s facility, the family generally cannot sue the client company for negligence because they are considered the special employer. The family’s primary recourse is to file for death benefits through the staffing agency’s workers’ compensation insurance policy.

This structure is designed to ensure that every worker is covered by workers’ compensation, but it can create a shield that protects negligent companies from the full consequences of their actions. For example, if a client company fails to provide proper safety training or knowingly uses unsafe equipment, the exclusive remedy rule can prevent the family from holding them directly accountable in a civil court. This is why a deeper investigation into the cause of the accident is so important.

Workers’ Compensation Death Benefits vs. a Wrongful Death Lawsuit

When a loved one is lost in a workplace accident, families are faced with two distinct legal paths, each with very different processes and potential outcomes. It is vital to understand the difference between the benefits offered by the workers’ compensation system and the damages that can be sought in a wrongful death lawsuit.

What Arizona Workers’ Compensation Provides for Dependents

The Industrial Commission of Arizona (ICA) oversees the state’s workers’ compensation system. In the event of a fatal work injury, this system provides specific, formula-based benefits to eligible dependents. These benefits are paid regardless of who was at fault for the accident.

Workers’ compensation death benefits typically include:

Burial Expenses: A one-time payment to cover funeral and burial costs, up to a statutory maximum (currently $5,000).
Monthly Compensation: Surviving dependents, such as a spouse and minor children, receive monthly payments. The amount is calculated as a percentage of the deceased worker’s average monthly wage. For example, a surviving spouse with no children may receive 35% of the average monthly wage. This amount increases with the number of dependent children, up to a maximum of two-thirds (66.67%) of the worker’s wage.
Duration of Benefits: A surviving spouse may receive benefits for life, unless they remarry, in which case they receive a final lump-sum payment. Children typically receive benefits until they turn 18, or up to age 22 if they are enrolled full-time in an accredited school.

While these benefits provide a crucial financial safety net, they are limited. They are strictly economic and do not offer any compensation for the emotional devastation, loss of companionship, or the pain and suffering the family endures.

The “Exclusive Remedy” Rule: A Major Hurdle

As mentioned, the biggest obstacle for families of temporary workers is Arizona’s exclusive remedy rule. A.R.S. § 23-1022 states that the right to recover compensation under the workers’ compensation system is the only remedy an employee (or their dependents) has against the employer.

Because both the staffing agency and the client company are considered employers, this rule effectively blocks a direct wrongful death lawsuit against either of them for simple negligence. If the client company had a slippery floor that caused a fatal fall, or if a supervisor gave a dangerous order, the family’s recourse is limited to the benefits provided by the workers’ comp policy. This legal protection is a cornerstone of the compromise behind the workers’ compensation system: employers agree to pay for no-fault insurance, and in return, they are shielded from more costly civil lawsuits.

What a Wrongful Death Lawsuit Can Recover

A wrongful death lawsuit is a civil claim filed against a person or entity whose negligent or wrongful act caused someone’s death. Unlike a workers’ compensation claim, a lawsuit must prove that the defendant was at fault. If successful, the damages that can be recovered are far more comprehensive and are intended to compensate the family for the full scope of their loss.

Damages available in an Arizona wrongful death lawsuit may include:

Economic Damages:
- The deceased person’s lost wages and benefits from the time of injury to death.
- The value of future lost income and earnings the deceased would have provided for the family.
- The value of lost household services.
- Medical expenses incurred before death.
- Funeral and burial expenses.
Non-Economic Damages:
- The sorrow, grief, and mental anguish of the surviving family members.
- The loss of love, companionship, comfort, and guidance.
- The pain and suffering the deceased person experienced before their death.
Punitive Damages: In cases where the defendant’s conduct was particularly reckless or malicious, a court may award punitive damages. These are not meant to compensate the family but to punish the wrongdoer and deter similar conduct in the future.

The difference is stark. A wrongful death lawsuit aims to make the family “whole” in the eyes of the law, acknowledging both the financial and the profound personal losses they have suffered. The challenge for dependents of temporary workers is finding a legal pathway to file such a claim.

Identifying Pathways to a Wrongful Death Claim: Exceptions and Third Parties

While the exclusive remedy rule is a strong defense for employers, it is not absolute. There are specific circumstances where a family may be able to step outside the workers’ compensation system and file a wrongful death lawsuit. The most common and effective strategy involves identifying a negligent third party.

The Willful Misconduct Exception

Arizona law includes a very narrow exception to employer immunity. A.R.S. § 23-1022(A) allows an employee or their family to sue an employer if the injury was caused by the employer’s “willful misconduct.” However, the legal standard for this is extremely high and difficult to meet.

To prove willful misconduct, you must show that the employer acted with a “knowing and purposeful” intent to cause harm. It is not enough to show that the employer was careless, reckless, or grossly negligent. You must demonstrate that the employer was aware of a dangerous situation, knew it was almost certain to cause serious injury or death, and deliberately acted or failed to act anyway. An example might be an employer ordering a worker into a trench they knew was about to collapse. Because the burden of proof is so high, these wrongful death cases are exceptionally rare.

The Power of Third-Party Liability Claims

The most realistic and frequently used path to a wrongful death lawsuit is through a third-party liability claim. The exclusive remedy rule only protects the employers (the staffing agency and the client company). It does not protect any other person or company whose negligence contributed to the fatal accident.

A thorough investigation of the accident may reveal that a third party, completely separate from the employment relationship, was partially or fully responsible for the death. This opens the door for a wrongful death lawsuit against that party, even while the family is collecting workers’ compensation death benefits.

Common examples of liable third parties in a workplace accident include:

Equipment Manufacturers: If a temporary worker was killed because a piece of machinery malfunctioned, the family could file a product liability lawsuit against the manufacturer of that machine. This could apply to forklifts with defective brakes, safety harnesses that fail, or industrial saws with inadequate guarding.
Other Contractors or Subcontractors: On large job sites, like construction projects, many different companies work alongside each other. If the proved negligence of an employee from a different company caused the accident, that company can be sued. For instance, if an electrician from Company A improperly wires a panel, causing a fatal shock to a temporary worker from Company B, the family of the temp worker can sue Company A.
Property Owners: If the accident was caused by a dangerous condition on the property that was not under the control of the client company, the property owner could be held liable. This might involve a structural collapse or an unmarked hazard on the premises.
Drivers in Vehicle Accidents: If a temporary worker was killed in a car or truck accident while performing their job duties (e.g., making a delivery), the family can sue the at-fault driver and their employer, provided that driver does not work for the same employer.

Scenario-Based Example:

Imagine a temporary worker is assigned to a beverage distribution warehouse in Phoenix. Her job is to use a forklift to move pallets. One day, the forklift’s brakes fail, and it tips over, causing a fatal injury.

Workers’ Compensation: Her family is entitled to death benefits from the staffing agency’s workers’ comp insurance.
Lawsuit Against Employers: They likely cannot sue the staffing agency or the warehouse company due to the exclusive remedy rule.
Third-Party Lawsuit: An investigation reveals that the forklift had a known design flaw in its braking system that the manufacturer was aware of. The family’s attorney can file a wrongful death lawsuit against the forklift manufacturer. This claim is completely independent of the workers’ compensation case and can proceed at the same time.

Who Can File a Wrongful Death Claim in Arizona?

Not just anyone can file a wrongful death lawsuit. Arizona law specifically defines who has the legal right to bring such a claim. These individuals are often referred to as “statutory beneficiaries.” According to A.R.S. § 12-612, the claim must be filed by one of the following parties, in a specific order of priority:

The Surviving Spouse: The husband or wife of the deceased has the primary right to file.
The Surviving Children: If there is no surviving spouse, the biological or legally adopted children of the deceased can file.
A Surviving Parent or Guardian: If there is no spouse or child, a surviving parent or legal guardian may file the claim.
The Personal Representative of the Deceased’s Estate: This is often the executor named in the deceased’s will. The personal representative can file the lawsuit on behalf of the spouse, children, parents, or the estate itself.

It is important to understand that even though only one party files the lawsuit, it is brought on behalf of all surviving beneficiaries. For example, if the surviving spouse files the claim, any damages recovered are for the benefit of the spouse and any surviving children or parents. The court will then determine how the wrongful death settlement or award is distributed among the family members.

The Critical Steps to Take After a Fatal Workplace Accident

For a family dealing with the sudden loss of a loved one, thinking about legal procedures can be difficult. However, taking certain steps early on can be crucial for preserving the right to seek full compensation.

Step 1: Preserve All Evidence: Evidence can disappear quickly after an accident. If possible, take photographs and videos of the accident scene, the equipment involved, and any visible conditions that may have contributed to the incident. Collect the names and contact information of any witnesses, including coworkers.
Step 2: Report the Death: Ensure the death is formally reported to both the staffing agency and the client company where the work was being performed. Get copies of any official incident reports that are created.
Step 3: Understand the Workers’ Compensation Process: The staffing agency’s workers’ compensation insurance carrier will likely contact you to begin the process of paying death benefits. You should cooperate with them to secure these benefits, but be very careful about the information you provide. Do not give a recorded statement or speculate about the cause of the accident without first speaking to an attorney.
Step 4: Do Not Sign Any Documents: You may be asked to sign waivers, releases, or settlement agreements. Do not sign anything without having it reviewed by an experienced wrongful death lawyer. You could unknowingly sign away your right to pursue a third-party lawsuit.
Step 5: Contact a Wrongful Death Attorney Immediately: The most important step you can take is to consult with an attorney who specializes in Arizona workplace accidents and wrongful death claims. They can immediately launch an independent investigation to determine if third-party liability exists. This is not something a family can do on its own. An arizona wrongful death attorney can hire engineers, accident reconstructionists, and other experts to analyze the evidence before it is lost or altered.
Step 6: Be Aware of the Statute of Limitations: In Arizona, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death (A.R.S. § 12-542). If a claim is not filed in court within this two-year window, the family will lose their right to sue forever. This makes acting quickly essential.

Proving Negligence and Calculating Damages in a Temp Worker Case

A successful wrongful death lawsuit requires proving that a third party was negligent and that their negligence directly caused your loved one’s death. This involves a detailed legal and factual investigation.

The Four Elements of Negligence

In simple terms, your attorney must prove four things to win a negligence case:

Duty: The defendant had a legal duty to act with reasonable care. (e.g., An equipment manufacturer has a duty to sell safe products.)
Breach: The defendant failed to meet that duty. (e.g., The manufacturer sold a forklift with faulty brakes.)
Causation: The defendant’s breach of duty was the direct and proximate cause of the death. (e.g., The faulty brakes caused the forklift to crash, leading to the fatal injury.)
Damages: The surviving family members suffered legally recognized damages as a result. (e.g., Lost income, emotional suffering.)

Investigating the Accident

An attorney’s investigation goes far beyond a typical workplace safety review. It is a focused effort to uncover evidence of third-party fault. This process may involve:

Hiring engineers to inspect and test the machinery or equipment involved.
Retaining accident reconstruction experts to determine the sequence of events.
Interviewing witnesses and taking formal depositions under oath.
Subpoenaing documents, such as maintenance logs, safety records, and internal communications from the defendant company.
Reviewing reports from the Arizona Division of Occupational Safety and Health (ADOSH) or the federal Occupational Safety and Health Administration (OSHA).

Calculating the Full Value of the Claim

Determining the value of a wrongful death claim is a complex process. It involves calculating both tangible economic losses and intangible personal losses. Attorneys often work with economic experts and financial planners to project the full financial impact of the death over a lifetime. The goal is to present a clear and comprehensive picture of the family’s total damages to the insurance company or a jury. This includes quantifying not just the lost paychecks, but the irreplaceable loss of a parent, a spouse, and a companion.

Conclusion

For the dependents of a temporary worker killed in Arizona, the legal landscape can seem confusing and restrictive. The dual-employer doctrine and the exclusive remedy rule of the workers’ compensation system create significant barriers to holding negligent parties fully accountable. While workers’ compensation provides a necessary and immediate source of financial support, its benefits are limited and do not address the complete scope of a family’s loss.

The key to securing justice and long-term financial stability often lies in looking beyond the direct employers. A meticulous investigation into the circumstances of the accident can uncover the negligence of a third party, whether it is an equipment manufacturer, another contractor, or a property owner. Pursuing a third-party wrongful death lawsuit is a valid and powerful option that allows a family to seek compensation for their emotional suffering, loss of companionship, and the full measure of their economic losses. This path is entirely separate from the workers’ compensation claim and represents the most effective way to achieve a just outcome.

If your family has lost a loved one who was a temporary worker in a fatal accident, it is imperative that you act quickly. The two-year statute of limitations in Arizona leaves no room for delay. Contacting an experienced Arizona wrongful death attorney is the most critical step you can take. A legal professional can protect your rights, conduct a thorough investigation, and explain all of your options, ensuring your family has the best possible chance to secure the future your loved one would have wanted for you. Contact us for free evaluation today.

Wrongful Death Claims for Dependents of Temporary Workers in Arizona