You did everything right on the job. Then, one accident changed everything. While Washington’s L&I benefits can cover your medical care and some lost wages it does not always protect you from the full impact of someone else’s negligence. That is where a third-party claim comes in. Knowing how to pursue both claims at the same time can make the difference between struggling and getting the full recovery you deserve.

Washington State L&I Claims

L&I is the acronym for the Washington State Department of Labor & Industries. It is a state agency that manages workers’ compensation claims and functions much like an insurance company. When you are injured on the job or develop a work-related condition, L&I evaluates your claim, decides what is covered, and issues benefit payments. Washington’s system covers injuries and occupational diseases. L&I provides coverage for medical treatment, partial wage replacement, and disability benefits. It can provide vocational support if you cannot return to your previous job.

Some large employers are approved by the state to self-insure. They manage workers’ compensation claims internally. L&I still oversees the process to make sure injured workers receive the same benefits and protections.

What Is a Third‑Party Personal Injury Claim

In Washington you cannot bring a personal injury claim against your Employer or coworkers. A third-party personal injury claim allows you to hold someone outside your employer and coworkers accountable for your injury. The key difference is fault. An L&I claim does not require you to prove who caused the accident as it is a no fault system, but a third-party claim does.

When a Worksite Injury Gives Rise to Both an L&I Claim and a Third‑Party Claim

Many injured workers do not realize they have more than one path forward. The same incident can support both an L&I claim and a third-party case. These are some of the most common situations where that overlap occurs.

Motor Vehicle Accidents

If your employment requires you to be on the road, another negligent driver could cause an accident. That driver is not shielded from liability by L&I. You can make a claim against the other driver and their insurance company.

Defective Products

If a piece of machinery, equipment, or tool used at the workplace malfunctions, there may be a product liability claim. These claims focus on the injury being caused by a design or manufacturing defect. The manufacturer, distributor, or retailer can be held liable.

Premises Liability

Property owners have a duty to maintain safe conditions for the people who come onto the property. This includes employees of companies hired to provide services. Property owners that are negligent and allow unsafe conditions can be liable for the injuries those unsafe conditions cause.

Negligence of Other Contractors

Multiple companies on one site can increase the risk of mistakes. Construction and industrial sites often face this situation with multiple contractors. If another company’s employee caused the injury, that company may be responsible. Further, general contractors on a construction site have a duty to keep the job site safe.

Toxic Substances

Exposure to hazardous materials can lead to serious health issues over time. If proper warnings or safeguards were missing, the companies involved in producing or supplying those materials may be liable.

Benefits and Risks of Pursuing a Third‑Party Claim

A third-party claim can increase the total compensation available after a worksite injury. While your L&I claim covers medical care and a portion of your lost wages, it does not account for what the injury has really cost you. A third-party claim allows you to seek damages for pain and suffering, full wage loss, and even future earnings if your ability to work has changed. L&I will be entitled to be paid back for a portion of what they paid on your behalf from any third party settlement or judgment.

Speak With a L&I Attorney

Filing a workers’ compensation claim is only one option for recovering from an injury caused by someone else other than your employer or coworkers. Balancing L&I benefits with a third-party claim requires knowledge, precision, and timing. At Robinson & Kole, we help injured workers in Washington take a proactive approach. We handle paperwork, advocate for fair compensation, and maximize recoveries from responsible parties. Schedule a consultation today to make sure your claim works as hard as you did.