In Washington State, the general rule is that you cannot sue your employer for workplace injuries. In exchange for providing no-fault workers’ compensation benefits through the Washington State Department of Labor & Industries (L&I), employers are generally immune from lawsuits for workplace injuries. The L&I workers’ compensation system replaces a worker’s ability to file a lawsuit for workplace injuries caused by employer negligence, and the injured worker is not required to prove fault in order to obtain benefits. If you are injured on the job, you should file a claim for workers’ compensation benefits.

Injured workers commonly think they are eligible to receive additional funds or a larger sum of money by pursuing a claim for personal injuries; however, these can generally only be brought against at-fault parties other than your employer.

If you were injured in a workplace accident, our experienced personal injury and workers’ compensation attorneys can analyze your situation, help you evaluate your options, and fight for the compensation you deserve.

Washington State L&I Laws on Job Injury

The Washington State Department of Labor & Industries manages and oversees claims for benefits when an employee is hurt on the job. The Washington State L&I system was established to minimize risk to employers and employees when a workplace injury occurs. In exchange for defined benefits and a no-fault administrative system, workers gave up the right to file a lawsuit for personal injuries.

When Can You Sue Your Employer?

In most situations involving a workplace injury, the injured worker cannot sue their employer. However, there are important exceptions.

Intentional Injury

You can sue your employer or a co-worker if the conduct that caused your injuries was intentional. Known as an “employer intentional tort” claim, the injured worker must be able to prove:

1. The employer had actual knowledge the injury would occur; and
2. They wilfully disregarded this knowledge.

Intentional conduct is not the same as negligent conduct. Even if your employer acted carelessly or recklessly, that is not enough to prove intent. Instead, you must be able to prove your employer acted deliberately to cause your injuries.

Temporary Worker Exception

If you are a temporary worker employed through an agency or placement service and you are injured on the job, you may be able to file a personal injury lawsuit against your place of employment. The same rules of immunity apply, but you may be able to file a lawsuit against the place of employment because the parties are in different positions.

You may be able to file a lawsuit against your place of employment if:

1. You are a temporary employee working through an agency or placement service;
2. The temporary agency is your employer; and
3. The place where you were injured is a third party, not your employer.

In this situation, you would have two claims:

1. An L&I claim; and
2. A third-party claim against the place of employment for the negligence that caused your injuries.

Car Accident While Working

If you were injured in a car accident that occurred while you were on the job, you can pursue a third-party claim against the at-fault driver to seek compensation beyond what would be covered in your L&I claim, such as damages for pain and suffering and loss of enjoyment of life.

Construction Site Accident While Working

A worker injured in a construction site accident caused by a third-party other than their employer may be able to file a claim against a general contractor or other subcontractor other than their employer to seek compensation for losses not covered in their L&I claim, such as pain and suffering, non-medical expenses related to their injuries, and emotional distress.

To be successful, you must prove the third party was negligent. You will need to establish duty, breach, causation, and damages.

How a Labor and Industries Attorney in Washington State Can Help

If you were hurt on the job, the Washington State L&I attorneys at Robinson & Kole can help. We can analyze your situation, help you evaluate your options, and fight for the compensation you deserve.

Contact Robinson & Kole Today

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.