12.2.2.1 Nonposting of Notices

• Jurisdiction: Arizona

. After suffering an injury, a worker has the option of accepting compensation benefits or suing the employer at common law, if the employer has not adequately given the worker the opportunity to exercise the right to reject exclusive compensation coverage.^[24] The employer is required to post notices informing employees of their right to reject workers’ compensation coverage and must keep blank rejection forms available at the place of hire. Any employee injured during the time the notice was not posted or the forms were not available is not bound by the compensation remedy but may choose between it and tort litigation against the employer.

The acceptance of compensation benefits by the injured worker despite nonposting waives the right to sue the employer at common law.^[25] By the same token, an election to sue the employer civilly waives the worker’s right to compensation benefits.^[26] This...