Why Did L&I Send Me a Third-Party Election Form?
- L&I sent this form because they suspect you have a third party claim.
- Some injured workers have 2 claims
- An L&I claim for the job injury
- A Third Party Claim
How do I Know if I Have a Third-Party Claim?
- You have a third party claim if you were injured by something or someone not your employer or co-worker. RCW 51.24.030
Who is this Third-Party?
- For all injured workers, a third party is something or someone, anyone not your employer or co-employee who has injured you.
- For temporary employees working for an agency, the place of employment where they were sent and the injury occurred is the third party.
Is a Third-Party Claim a Good Thing?
- A third-part claim can and should be a good thing.
- Your claim is only as good as your facts and the work you and people helping you put into it.
- A poorly handled third-party claim can be a bad thing. Don’t let this happen to you. See Third Party Claims for information about things you need to know.
What if I Have a Third Party Claim but Don’t Want It?
You don’t have this choice. L&I has paid money on your claim and they want it back. L&I will pursue all good third party claims, like it or not. Your only choice is which lawyer will handle your third party claim, your lawyer or their lawyer.
Is there a Deadline to Return this Form?
- There is a 60 day time deadline. However, L&I’s initial request often doesn’t start this 60 day time clock because their letter may not rise to the level of an RCW 51.24.070 demand. Just the same, don’t sit on this. Said another way, you might have more time then L&I initially says you have, however since you need to make a decision, do it now. If you need help call us for a free strategy session.
How Do I Complete this Third-Party Election Form?
- Fill it out and send it in, or better yet find your own lawyer and have him do it for you.
- Option A. This is the smart option if you have a third party claim. The better the claim, the smarter it is to choose option A. Get your own lawyer and choose this option.
- Option B. This is a second rate choice. If you choose Option B, you give up your legal rights and hand them over to L&I. L&I is not even required to assist you. This is the best option if your third party claim is of little value.
- No third party claim. This section allows you to explain why you think you have no third party claim. This is part of option B. If you want to know if you have a third party claim, contact us. We’ll tell you.
- If you need a form, this is the link. Third Party Election Form
Am I Going to Need a Lawyer?
- If L&I believes you have a third-party case, you are going to have a lawyer. You have no choice about that. Your choice is who picks your lawyer, you or L&I.
- There may be a lot of money involved here. It makes a difference who your lawyer is. Don’t let L&I’s lawyer represent you – they have a conflict of interest.
- If you miss the election deadline, contact an L&I lawyer. There may still be time to get this done.
- If you ended up with an L&I assigned lawyer and now want your own lawyer, you may be able to change lawyers. See RCW 51.24.070, right of reelection.
Why does L&I want this Third Party Election Form?
- The statute, RCW 51.24.070 allows L&I or the Self Insurer to require the injured worker or beneficiary to make a choice about which lawyer will pursue the third-party claim. As a practical matter this means you are choosing a lawyer to represent you on the third party claim, or L&I will assign you one of their rookie lawyers. This one’s a no brainer, choose your own lawyer, if you can get a good one to take your case.
- L&I has spent money on your claim. A successful third party claim allows L&I to get some of that money back. If you get a lawyer involved, your lawyer should work to keep your L&I repayment reasonable. Said another way, do not give L&I too much of your third party money. Get a lawyer to help.
Want to Talk with a Third Party Attorney?
We know Third Party Law. Lets talk about your concerns.
Free consultation and strategy session
Want to Contact Us:
Call for information or a free strategy session – 206-343-1988
Tell us Your Story – Ask your questions via email
What’s Else is Important?
Third Party Claims in Washington State
Temporary Agency Workers
Construction Site Injuries
Personal Injury Claims
Request a Free Consultation