Washington State Construction Injury Claims

Common Causes of Construction Accidents

• Ignoring safety regulations: Employers should establish and observe a safety policy from foundation to finish. Oftentimes employers rush to complete a job, ignoring or relaxing safety regulations in the process. While this might speed up construction, it places workers at increased risk for injury.

• Auto accidents: Auto accidents are the leading cause of death for American workers on the clock. These accidents do not merely apply to cars and trucks, but also to tractors, cranes, forklifts, and other vehicles used in the construction industry.

• Inadequate training: Employers should properly train all members of a construction crew on safety operations and procedures for a given building site. Emergency procedures should also be put in place, and all workers should receive proper training to fully understand how to do their jobs safely.

• Construction falls: Safety harnesses do not always prevent injuries during a serious fall, especially if they are used improperly. The leading cause of serious injury and death in the construction industry is caused by falling to a lower level, which is often linked to an improper safety constraint. Construction site falls can cause broken bones, back injuries, spinal cord injuries, and even wrongful death. In many cases, a safety rail or properly used safety harness could prevent these unnecessary falls.

• Defective equipment: Construction workers often suffer from a serious or catastrophic injury after they are pinned, trapped, or crushed beneath machinery; in many tragic cases, these incidents can lead to amputation or death. Machinery such as forklifts, wood chippers, and augers are frequent culprits in amputation. Oftentimes, a defective hydraulic lift causes hundreds of pounds of equipment to fall, resulting in life-threatening injuries to construction workers.

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 You 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.