Can I sue L&I? is usually asked by injured workers in one of three situations:

  • I do not have an L&I claim so I need to start an L&I claim.
    If this is your situation, you don’t need to sue L&I, rather you need to  file a claim. See STARTING AN L&I CLAIM.
  • I already have a claim, and need to get L&I to do the right thing.
    If this is you, you’ve come to the right place. The “Know Your Rights” section above will get you information ranging from basic to focused.
  • I have a claim. I’ve tried everythingnd nothing works. I want to sue L&I.
    The news for this situation is not very good. It is very difficult to sue L&I and here is why.

    Your right to sue persons or companies is a basic constitutional due process right. However, L&I is a government agency. Since the Industrial Insurance Act and its implementation is the exercise of police power of the state, the Federal and State Constitutions regarding due process do not apply.

    The Industrial Insurance Act (workers’ compensation law) contains RCWs and WACs which address improper claims management. The courts have generally taken the view that since the legislature has addressed the penalties applicable in such cases, they will not allow the civil courts to have jurisdiction over these matters. That is to say the Act provides the exclusive remedy for L&I claims, and you cannot go outside the Act and sue the Department for negligence based wrongful claims management in the civil courts. If you file a lawsuit, L&I will file a summary judgement and probably win the case before you are allowed to even put on any evidence.

    When can you sue L&I?

    You can possibly successfully sue L&I if you can prove the tort of outrage/bad faith. If the Department’s conduct is so outrageous in character, and so extreme in degree, as to go beyond the bounds of decency, and is regarded as atrocious and utterly intolerable in a civilized community, then it may be possible to survive a summary judgment motion on the exclusivity bar. If you do have a bad faith claim against L&I, there is a statute of limitations deadline you must meet, RCW 4.16.080 and RCW 4.16.130. Consult with a lawyer about this. Contact us.

     Whats Next?

  • Things You Need To Know
  • How L&I Compensates You
  • Filing a Workers Compensation Claim
  • Do I Have a Case

How to get a Free Consultation and Case Evaluation.

There are 4 different ways you can get a free initial consultation. Take your choice:

  1. Complete the Free Case Evaluation Form below
  2. Call / text: (206) 343-1988
  3. Email us: info@sharpelawfirm.org
  4. Schedule an appointment via Calendly

We usually reply to forms, texts, and emails within 1 business day.

Free Case Evaluation Form

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Ex. Back injury preventing me from working
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The Smart Way to Find Out If You Have a Good Case.

Get a free consultation from a lawyer: Tell us about your concerns and let us show you some smart choices you can make for your claim. At the end of the call, no matter what you decide to do, you will have fresh ideas and an action plan. You will know that you have taken important steps to get your claim moving in the right direction. Protect yourself and your L&I or Personal Injury claim with a free case consultation.

Don't Guess

Don't guess about the value of your claim. Don't compare your claim to someone else's. Get an expert opinion about your claim, from an experienced lawyer. Expertise counts, so use it to your advantage. Consultations are free. This strategy session will help you get informed.

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Yes, they are. Because both you and the attorney want to know if your case is any good. A free phone consultation or email gets that figured out quickly.  Questions are answered and no time is wasted. Call 206-343-1988 or email and let us help you figure it out with a free consultation.

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