Whether small or serious, workplace accidents happen all the time. In Washington state, you are covered for any injuries you may suffer while on the job, regardless of whether you have private insurance. This is thanks to the Industrial Insurance Act, which requires every employer in the state to have insurance — state-funded or private — for any injuries that might happen on the clock. While the implementation of the Industrial Insurance Act was a win for workers, it also came with a benefit for employers: an injured worker cannot sue their employer for negligence regarding a workplace injury.
What If My Employer Is at Fault for My Injury?
While you employer cannot be liable for your workplace injury, there are rare cases where a worker has evidence that their employer knowingly allowed harm to come to their employee. These cases are not only uncommon, but they can also be difficult to prove and require the assistance of someone who understands the nuances of Employment and Labor Law.
Unfortunately, many injured workers do not face a work injury as an isolated incident with their employer. While some workers may be injured because of discrimination in the workplace environment, many others face retaliation from their employer because of their injury. If you are facing any kind of harassment at work, you should contact an Employment and Labor Law attorney to discuss your options and see if you may be able to pursue an employment claim or suit.
What If a Third Party Is at Fault for My Injury?
In other cases, a third party could be at fault for your injury. For example, maybe you are a delivery driver injured in a car accident caused by someone in another vehicle. The other driver would be a third-party in the case.
An entity or company can also be third-party. Perhaps your injury was due a faulty piece of equipment or machinery. The manufacturer of the parts or machine that caused your injury could be liable for your injury and may have to play a part in your workers’ compensation benefits.
How Do I File a Third-Party Claim?
If a third-party is involved in your injury, the Department of Labor and Industries will tie in a third-party claim with your workers’ compensation claim. When evaluating your workplace accident and injury reports, L&I will decide if you have cause to pursue a third-party claim. In such cases, you will receive a Third-Party Election Form to decide how you would like to move forward with the claim. It is your choice to have L&I or a private attorney pursue the damages for you, or you can choose to drop the third-party claim altogether.
Because the Department decides whether you have a third-party claim, it is crucial that you give them as many details as possible about both your accident and your injury in your initial report so they can make a correct assessment of who might be involved in your claim.
What Do I Need to Prove Fault for My Injury?
While L&I will notify you if they believe you have a third-party claim, they still carefully scrutinize the details of every injury and accident to make sure they do not incorrectly place blame. Just like with any legal claim, proof is necessary to make a good argument. If you suspect someone or foul play, whether it be your boss or a customer, you should be able to provide some kind of documentation (preferably electronic communication) that supports your claim.
For example, your boss asked you to do something that was against company safety regulations, and you have the time-stamped email where they admitted that it was technically against regulations but had you do it anyway. While you will not be able to sue your employer for your injury, you can take legal action with an experienced Employment Law attorney for knowingly putting you in harm’s way.
An L&I claim is not easy to face alone, especially if you want the proper compensation and medical treatment. Adding an employment or third-party claim on top of that can be overwhelming. It is important that you come to your claim prepared with the knowledge and tools that will get you the compensation you deserve. Call Emery | Reddy, PLLC to speak with an experienced Intake Specialist and learn how our Legal Team can help prepare you to take on your workers’ compensation claim and a negligent employer.
