Construction sites are a bee hive of activity. The workers of the general and subcontractors crawl over each other in their push to get the job done. There are a hundreds of deaths and many thousands of seriously disabling injuries each year.
Roofs, beams, unprotected openings, and scaffolds are places from which workers’ fall. Equipment, trucks, cranes, and materials strike and injure workers. Trench collapses and falling walls squash workers. Electrocutions happen too often. Construction sties are dangerous places.
Construction site injuries are for the most part like any other L&I claim. Information about how to handle an L&I claim is all over this website. L&I Benefit Information and L&I Claims – A Beginners Guide.
The unusual thing about construction site injuries is that they often create two claims.
A worker hurt on any job in Washington State has an L&I workers compensation claim. A construction worker also may have a third party claim.
L&I is a no fault workers’ compensation. With a job injury the workers files an L&I claim and receives medical and money benefits without having to prove that someone else was at fault.
L&I third party claims are negligence based lawsuits. The injured worker must prove fault of a third party.
You have a third party claim if you are injured on the job by someone who is not your employer or a co-employee. For example a subcontractor injured by the general contractor or a subcontractor injured by a different subcontractor, has a third party claim. He also has an L&I claim. You can have both claims at the same time. More about Third Party Claims.
Yes, you can have an L&I claim and also sue a third party. The L&I claim has a 1 year Statute of Limitations. The third party claim has a 3 year Statute of Limitations.
L&I claims pay less then what you have lost. Time loss money is limited. Permanent Partial Disability settlements are small. L&I does not pay enough.
Third party claims pay more. You can recover for all your lost wages, pain and suffering, and future loss of earning power.
Yes, you can recover under both systems subject to the subrogation rights of L&I. How you proceed with a third party claim while being wary of L&I’s subrogation is important. Get details at Third Party Claims.
There are very important time deadlines for both third party claims and L&I claims. Dont miss your deadline. Learn the rules at Third Party Claims
A third party claim requires fault (proof of negligence) to be successful.
To be successful with a third party construction site case you will need to prove fault. To prove fault you need evidence. Evidence can disappear quickly. It is important to take pictures, find and talk to witness, gather investigative reports, and encourage WISHA inspectors to visit the site. Get legal help if you need it
In Washington State, when you have a workers’ compensation claim, you usually cannot also sue your employer or a co-worker for job injuries. The L&I system replaces your ability to sue your employer for his negligence. It doesn’t matter that it’s your employer’s fault. An exception to this rule is intentional injures. If the employers’ conduct was so over the top that he intended the injury then the employer can also be sued. More information at Can I Sue My Employer?
Another semi-exception to this rule exists for Temporary Workers. For more information see Temporary Agency Employee and Third Party Rights.
The third party election form is important. This is how you tell L&I what to do and where to go. Understand what you are doing before you complete this form. Don’t give up your right to a third party claim. Get details and a form here, Third Party Election Form.
WISHA, an arm of the Department of Labor & Industries, regulates job site safety in the state of Washington. A WISHA inspector can help you prove fault.