12.2.1.1 The General Rule of Exclusivity

• Jurisdiction: Arizona

. Workers’ compensation benefits under the Arizona statutes^[1] constitute the injured worker’s exclusive remedy against an insured employer. Employers complying with the statutory mandate to secure workers’ compensation insurance^[2] “shall not be liable for damages at common- law or by statute . . . for injury or death of an employee wherever occurring.’’^[3] The statute also provides immunity to the employer’s workers’ compensation carrier or administrative service representative and co-employees for all work-related injuries within the coverage of the law.

When the rule of exclusivity applies, the employer’s immunity from common- law suit extends to any injuries that are covered by the act even if no actual monetary benefits, other than medical expense payments, are statutorily provided for the particular injury. For example, loss of a testicle,^[4] chronic chest pain,^[5] or sexual impotence^[6] that does not result in a loss of earning capacity gives no right to monetary compensation for permanent disability. Even so, the worker has no remedy beyond compensation payments. The key to...