Fall Construction Injuries in WA: Your L&I Claim Rights

Fall Construction Injuries in Washington: What to Know About Your L&I Claim

Autumn changes a Washington job site fast. Decks, ladders, and scaffold planks that were dry in August are wet by October, and the workday starts and ends in low light. L&I warns that rain, wind, fog, and shorter daylight hours raise the risk of slips, trips, falls, and equipment accidents for people who work outside this time of year. If you are hurt on the job this season, here is what to do and what an L&I claim may cover.

Why fall is a risky season on the job site

Falls are a year-round problem in Washington construction. For the 20th year in a row, falls from heights were the most cited serious safety violation L&I issued. Over a 10-year period, Washington construction workers filed nearly 12,000 workers’ comp claims for falls from elevation, and ladder falls had the highest claim rate of any type.

Fall weather adds to that risk. Common hazards this time of year include:

• Wet or mossy surfaces on roofs, decks, ramps and ladder rungs
• Wind that catches sheet materials or pushes a worker off balance
• Low light at the start and end of a shift, which hides trip hazards and edges
• Mud and uneven ground that make ladders and lifts less stable
• Heavy equipment and traffic working in rain, fog or early darkness

Read more about the most common injuries in Washington’s construction industry.

What to do if you are hurt on the job

• Get medical care right away. Tell the provider the injury happened at work. Your doctor can start the claim for you.
• Report the injury to your employer. Tell your supervisor as soon as you can, and write down when and to whom you reported it.
• File your L&I claim. You can file online with L&I’s FileFast tool, by phone at 1-877-561-3453, or at your doctor’s office. L&I requires a claim to be filed within 1 year of a work injury.
• Document the scene. If you can, take photos of the surface, ladder, weather, and lighting, and note who saw what happened.
• Know who handles your claim. About one in three Washington workers work for a large employer that is self-insured and manages its own claims. Ask your employer whether your claim goes to L&I or to the employer.

Benefits you may qualify for

If your claim is accepted, you may qualify for benefits such as medical care, time-loss pay for lost wages, awards for a permanent injury, and job retraining if you cannot return to your old work. Learn more in our guide to the five types of workers’ comp benefits in Washington.

When someone else may share responsibility

Construction sites often have several companies working at once: a general contractor, subcontractors, equipment suppliers, and property owners. If a party other than your employer played a role in your injury, you may also have a third-party claim in addition to your L&I claim. Learn how third-party claims work.

Frequently asked questions

Can I still file if the fall was partly my fault?

In most cases, yes. Washington workers’ comp is a no-fault system, so you generally do not have to prove your employer caused the injury to file a claim.

Does bad weather affect my claim?

Weather is not a reason to deny a claim on its own. What matters is that the injury happened while you were doing your job. Photos of the conditions can still help show what happened.

What if my claim is denied?

You may be able to protest or appeal the decision, and deadlines are short. Talking to an L&I attorney early can help protect your options.

Talk to an L&I attorney

If you were hurt on a Washington job site this fall, Emery | Reddy can review your claim and help you pursue the benefits you may qualify for. Contact us for a free case review. No fee unless we recover for you.