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Common Examples
Can You File Both Claims?
Third-Party Claim Value
Options for Temporary Workers
Closing Your L&I Claim

A construction team lowers equipment onto a landing site.Examples of Third-Party Accidents and Personal Injury Claims

According to Labor and Industries, a third party involved in a personal injury claim may include any of the following:

  • A driver who caused a motor vehicle collision
  • A property owner who failed to properly maintain the building where you were working when you were hurt
  • A worksite general contractor, if you were employed by a subcontractor
  • The manufacturer of the defective device that injured you
  • The owner of an animal that bit you

You are entitled to workers’ compensation benefits, regardless of who caused the workplace injury. L&I must be reimbursed from any recovery.

file both claimsCan You File Both a Washington State L&I Claim and a Third-Party Claim?

Washington state L&I claims and third-party claims often go together, and injured workers may need to file both. A Washington state 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 L&I lawyer will need to fill out this form and send it back within 60 days of receiving it.

Your third-party claim will pursue the money that L&I was unable to pay, allowing you to get money back for your pain and suffering, lost wages, and medical expenses, and even replace future earnings you may have lost if the injury has left you with less earning potential than before.

Both Washington state L&I claims and third-party claims can result in a cash award, but the payment from L&I is limited. By actively pursuing both a Washington state L&I claim and a third-party claim, you can ensure that you are fully and adequately compensated for your injury.

A Washington State L&I Claim and a Third-Party Claim Affect Each Other

  • Third-party claims combine your L&I claim with your personal injury claim using the same facts.
  • A third-party settlement will affect ongoing and future L&I benefits because L&I must be reimbursed from any recovery.
  • L&I orders directly affect your third-party claim.
    1. A third-party claim can create a deficiency and ruin your Labor and Industries claim.
    2. A bad order or unfavorable Independent Medical Exam (IME) can hurt your third-party claim.
    3. An L&I claim can be limited or even denied by L&I or the self-insured employer (SIE) thereby severely affecting the third-party recovery.

Third-Party Claim Value

The value of your third-party claim can be calculated by completing L&I’s interactive Third Party Recovery Worksheet. You can either use set figures or make an estimate. You can also request the L&I Third Party section to do the calculation for you.

third-party claim value

options to temporary workersWhat Options Are Available for Temporary Workers?

Employees who work for a temporary staffing agency are not employed by the onsite company. For that reason, temporary employees who are injured at work will have the standard two claims:

  • A Washington state L&I claim against their employer, the temporary staffing agency
  • A third-party claim against any negligent parties who work for the onsite employer

Protective Regulations in Washington State Third-Party Claims

In Washington state, employers are required to provide a safe workplace free from hazardous conditions that may cause injury to their employees as indicated by the following:

Washington Industrial Safety and Health Act (WISHA)

In 1973, the legislature passed the Washington Industrial Safety and Health Act (WISHA) (see Revised Code of Washington [chapter 49.17 RCW]). WISHA requires employers to provide safe and healthful workplaces for all employees. It gives L&I/the Division of Occupational Safety and Health (DOSH) the responsibility to establish and enforce workplace safety and health rules. These rules are the Washington Administrative Code (WAC).

Occupational Safety and Health Act (OSHA)

The Occupational Health & Safety Administration, better known as OSHA, works to provide safe working environments and enforces health and safety regulations in workplaces across the U.S. Every American employer, worker, and manufacturer is required to observe OSHA rules and regulations. Affected workers deserve compensation but are often unaware that OSHA violations led to their injury, therefore missing out on potential compensation. An experienced workers’ compensation attorney will work with industry experts to determine this and more.

Closing Your L&I Claim

Your Washington state L&I claim closes when a physician certifies that further treatment will not improve your condition, meaning that you have met maximum medical improvement (MMI), and you have returned to work or that L&I has determined that you are fit to return to work. Once you have this evidence you should reach out to an experienced L&I attorney.

  • If you do not protest or appeal, after 60 days the closing order becomes final.
closing your L&I claim

How Do I File a Third-Party Claim?

Step 1: Consult with a Local Washington State Workers’ Compensation Attorney before Talking to Insurance Companies

Insurance companies are experts at minimizing their liability costs, sometimes at the expense of the victim. Let a Washington state L&I attorney 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

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 the Department of Labor and Industries, 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 Washington state workers’ compensation attorney 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 L&I Attorney

Selecting Option A on the Third Party Election Form indicates your desire to work with an L&I attorney to seek damages for your injury. Your Seattle L&I 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 through action with your L&I third-party attorney:

  • You or your Washington state and L&I attorney 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.
  • Funds are distributed, according to Washington state mandate, between you, your workers’ compensation 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 Labor and Industries to take legal action against the third party on your behalf. However, they may decline to do so. We highly recommend consulting an experienced Seattle L&I 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 awards and settlements 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 suggest that all injured workers consult a third-party attorney before making any judgments regarding the nature of their accident. Third-party liability is difficult to determine without comprehensive legal training. An local L&I attorney will fight aggressively for your best interests to earn you the maximum possible settlement.

A group of people in suits sit around a wooden conference table.

How Do I Know If I Have a Strong Washington State L&I Claim?

If you have a Washington State L&I claim or wonder if you should contact an experienced L&I attorney, ask yourself the following:

If any of the above apply to you, Emery | Reddy may be able to help.

Navigating a Washington state L&I claim can be difficult and very time-consuming, especially when you’re ill or injured. You want to focus on healing and make sure your bills are paid, but if you don’t file things properly or on time, your health, home, and job could be in jeopardy. Many individuals miss out on much-needed L&I benefits because they don’t understand what to do or how to get the most compensation for their injuries. If you are experiencing any challenges in your case, a Seattle workers’ compensation and L&I attorney can assist you. By contacting Emery | Reddy as soon as possible after you’ve been injured, we can help you avoid the common pitfalls of filing and navigating an L&I claim. Emery | Reddy’s local L&I Attorneys are here for you every step of the way.

Emery | Reddy Can Help You with Your Washington State L&I Claim

Emery | Reddy is the only law firm in Washington state that is equipped to provide comprehensive representation on your case from every angle. Our L&I Lawyers thoroughly assess every case to determine if our clients have additional claims, and at times this can extend far beyond the underlying workers’ compensation claim.

If you have been injured in the workplace, call Emery | Reddy today for a Free Case Review with an experienced Intake Specialist to learn more about how we may be able help. No fee unless we recover for you.

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