Learn the Process

’Washington State Construction Injury Claims

Construction is one of the most dangerous industries in Washington State. From heavy equipment and elevated work areas to fast-paced job sites with multiple contractors, the risk of serious injury is constant.

If you’ve been injured on a construction site, you may be entitled to workers’ compensation benefits through Washington Labor & Industries (L&I), and possibly additional compensation through a third-party claim.

At Emery | Reddy, we help Washington workers protect their rights and secure the full benefits they deserve after a workplace injury.

What Is a Construction Site Injury Claim?

A construction site injury claim is a workers’ compensation (L&I) claim filed after a job-related injury, illness, or accident on a construction project.

These claims commonly involve:

General contractors and subcontractors
Unsafe job site conditions
Equipment failures or safety violations
Injuries occurring during regular job duties

Even if no one is at fault, injured workers can still qualify for benefits under Washington’s no-fault L&I system.

Common Construction Accidents in Washington

Construction accidents often happen due to preventable hazards. The most common causes include:
- Falls from heights: scaffolding, ladders, roofs
- Struck-by accidents: falling tools or materials
- Heavy equipment incidents: cranes, forklifts, vehicles
- Caught-in/between accidents: machinery or structures
- Electrocution and exposed wiring
- Inadequate safety training or supervision
Falls remain one of the leading causes of serious injury and death on construction sites.

Common Construction Injuries

Construction workers frequently suffer severe, life-altering injuries, including:

Shoulder injuries (rotator cuff tears, repetitive strain)
Back and spinal injuries
Traumatic brain injuries (TBI)
Broken bones and fractures
Crush injuries or amputations
Burns and electrical injuries

Mental health conditions, like PTSD, anxiety, and depression, may also qualify for L&I benefits after a workplace incident.

What Benefits Are Available Through L&I?

If your claim is approved, L&I may cover:

Medical treatment and rehabilitation
Wage replacement (time-loss benefits)
Permanent partial disability (PPD) awards
Lifetime pension benefits (in severe cases)
Vocational retraining if you can’t return to your job

You do not need to prove employer negligence to receive these benefits.

Filing an L&I Claim for a Construction Injury

In Washington, most injured construction workers are covered by L&I, which provides no-fault workers’ compensation benefits. This means you don’t need to prove your employer was negligent to receive benefits.

An L&I claim may cover:

Medical treatment related to your injury
Wage replacement (time-loss benefits) if you cannot work
Permanent partial or total disability benefits
Vocational training or job retraining if needed

Filing your claim promptly and correctly is essential to avoid delays or denials.

When a Third-Party Claim May Apply

Construction injury L&I claims and third-party claims often go together, and injured workers often need to file both. A construction injury L&I claim will be filed with your doctor at your first medical visit regarding the injury. At a later date, if they suspect your case qualifies for a third-party claim, L&I will send you a Third Party Election Form. Either you or your construction accident lawyer will need to fill out this form and send it back within 60 days of receiving it.

Unlike L&I claims, third-party claims can allow you to recover damages such as:

Full wage loss
Pain and suffering
Future earning capacity
Additional medical costs

Pursuing both an L&I claim and a third-party claim can significantly increase your total compensation.

How Do I File a Third-Party Claim?

The third-party statute of limitations (SOL) in Washington state is 3 years in most cases. You must settle your claim or file a lawsuit before those 3 years run out.

If you file within the SOL, there are two main steps that you must follow to file your third-party claim.

Step 1: Consult with a Construction Accident Lawyer before Talking to Insurance Companies

Insurance companies are experts at minimizing their liability costs, sometimes at the expense of the victim. Let a construction accident lawyer advise you against making a statement that the insurance company can later use against you.

Step 2: Complete an L&I Third-Party Election Form

The Department of Labor and Industries will send you a Third Party Election Form. If you do not indicate your preferred course of action on the L&I form, your case could be automatically assigned to L&I, which would mean the loss of your right to pursue third-party compensation with your own L&I third-party attorney. Failure to return the L&I Third Party Election Form could also cost you your rights.

The L&I Third Party Election Form has three options. Be sure to talk to your construction accident lawyer to determine the best course of action for you:

Option A: You DO Want to Take Legal Action against the Third-Party Yourself, with Your Own Construction Injury Attorney

Selecting Option A on the Third Party Election Form indicates your desire to work with a construction accident lawyer to seek damages for your injury. Your attorney will help you complete the form, notify L&I when the lawsuit has been filed, and handle case details and updates on your behalf.

If you receive a financial settlement or award through action with your L&I third-party attorney:

You or your construction accident lawyer must report the amount of any award to L&I. After receiving a third-party settlement, you are responsible for repaying any L&I benefits you may have received. However, your attorney can assist you in negotiating the refund amount for which you are responsible.
Once reaching a third-party settlement, funds are distributed according to Washington state mandate between you, your Seattle workers’ compensation and L&I attorney, and reimbursement to L&I.

Option B: You DO NOT Want to Take Legal Action Yourself, but Will Give This Right to L&I

Option B indicates that you do not wish to take legal action yourself, but instead want L&I to take legal action against the third-party on your behalf. However, they may decline to do so. We highly recommend consulting an experienced construction accident lawyer bound by law to act in your best interests rather than entrusting L&I with your case.

Washington state law allocates funds differently for settlements and awards reached through L&I. If you receive any portion of the recovered funds, there is a significant chance that you will receive less compensation than you would with your own L&I attorney.

Option C: No Third-Party is Responsible

Choosing Option C means you do not feel that your work injury was caused by a third party. We advise that all injured workers consult third-party attorneys before making any judgments regarding the nature of their accident. Third-party liability is difficult to determine without comprehensive legal training. An experienced construction accident lawyer will fight aggressively for your best interests to earn you the maximum possible settlement.

Protecting Your Rights After a Construction Accident

After a construction site injury, the steps you take can directly affect your ability to recover benefits. Reporting the injury, seeking medical care, and documenting the accident are all critical first steps.

Because construction claims can involve both L&I and third-party liability, working with an experienced Washington construction accident attorney can help ensure that no opportunities for recovery are missed.