It’s easy to be injured on a construction site. Exposed rebar, moving vehicles, unmarked hazards, burns, electrical shocks, cave ins, falling material, trench collapses, chemical exposure, lack of safety meetings, crane injuries, falls, careless subs and other unsafe conditions all cause injuries. Construction site injuries create both L&I claims and Third Party Claims.
Washington State L&I Claims
L&I workers compensation is the insurance coverage of first resort for almost all workers in Washington State. A Washington State worker hurt on a construction site job has an L&I claim.
See our extensive L&I Website for information about L&I and Washington State Workers Compensation.
Third Party Claims
Construction site accidents often also involve third party claims.
You have a third party claim if you are injured while on the job, by someone who is not your employer or a co-employee.
A third party claim is a personal injury claim together with an L&I claim, arising out of the same set of facts. When you have both an L&I claim and a personal injury claim, the personal injury claim is called a third party claim.
Third Party Claim Example #1
An employee of a subcontractor injured on the job by the general contractor or a different subcontractor has a third party claim. That employee has an L&I claim for the on the job injury and a third party personal injury claim because someone who is not his employer or co-employee injured him.
Third Party Claim Example #2
A truck driver injured on the highway in a truck accident by another vehicle has two claims. He has an L&I claim for having been injured on the job and a third party personal injury claim against that other driver.
Can I Have Both an L&I and a Third Party Claim?
Yes, you can have both claims at the same time. These two claims interact with each other in interesting ways. Read more about third party claims in our L&I website. Keep in mind there is a separate State of Limitations for each claim. Don’t miss these deadlines.
What About Fault?
Safety on the job is the responsibility of both the general contractor and subcontractors. If they are negligent they may be liable. Fault needs to be proven. Proof needs evidence. Don’t let the evidence disappear.
Insurance Companies and Lawyers
Construction site accidents are vigorously defended by experienced insurance adjusters and their stable of aggressive defense lawyers. To get the insurance company to take you seriously you may wish to have your own lawyer.
What are the Machine Safety and & Grinding Rules in Washington State?
WISHA rules require machines be secure, hazard free, operation safe, with emergency stop, properly guarded.
What are Core Safety Rules?
All construction and manufacturing require the core safety rules be followed.
In addition there are rules about first aid WAC 296-800-150, personal protective equipment WAC 296-800-160, housekeeping WAC 296-800-220, personal hygiene WAC 296-800-230, lighting WAC 296-800-190, electricity WAC 296-800-280, fire extinguishers WAC 296-800-300, fire exits WAC 296-800-310, accident reporting WAC 296-800-320, and confidentiality WAC 296-800-340.