The workers’ compensation system is designed to provide compensation to those who suffer work-related injuries to help cover the costs associated with the employee’s medical care. However, when an employee is injured at work, they are entitled to workers’ compensation benefits (which are typically handled by the Washington State Department of Labor & Industries, or L&I for short). They are not allowed to sue their employer, even if their employer or a fellow employee was negligent. In other words, employers in the state of Washington are shielded from personal injury lawsuits brought by their employees. In some cases, however, there are certain exceptions to Washington’s laws prohibiting employees from directly suing their employers for workplace injuries. For instance, if a worker’s injury was caused by an intentional injury on behalf of the employer, the injured party may have the right to file a lawsuit against their employer for knowing that workers would sustain an injury and willfully disregarding this knowledge. These claims can be challenging to prove, but enlisting the guidance and support of a highly experienced and trusted Seattle personal injury attorney can maximize your chances of securing a fair and favorable outcome.
Additionally, workplace injuries involving a negligent third party (i.e., a manufacturer who produced defective machinery) may entitle you to file a third-party claim to recover damages. This post will address some common questions about workplace injury claims, such as “Can I sue my employer for negligence?” and “Can I sue my workplace for an injury?” among other important considerations related to personal injury and workers’ compensation claims in the greater Seattle area.
I Was Injured at Work—Can I Sue?
First, it’s helpful to understand how workers’ compensation claims work in Washington state. According to L&I, “Workers’ compensation pays for medical care directly related to your accident or illness. If you are unable to work following your injury, you may be eligible for a portion of your lost wages.” Essentially, most cases in which an employee sustains a work-related injury are processed as workers’ compensation claims. The injured employee must seek medical help and notify their employer in order to proceed with a workers’ compensation claim. As you put together your workers’ compensation claim, you will need to gather several pieces of information, such as the location where the injury occurred, wage information, contact information for anyone who witnessed the incident, and other relevant details. You may submit your workers’ compensation claim online, by phone, or at your doctor’s office. Although you are not required to hire an attorney to help you complete and submit the workers’ compensation claim, doing so ensures that your claim is completed thoroughly and accurately (and, therefore, increasing your chances of securing the benefits you need to support your recovery).
Can You Sue For Getting Hurt at Work?
Those who suffer a workplace injury often ask the question, “Can I sue my employer for negligence?” Although you cannot sue your employer directly for a negligent act that resulted in your injury, you may be able to sue your employer if you can show that they acted with intentional injury (RCW 51.24.020). Under this code, “If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker or beneficiary of the worker shall have the privilege to take under this title and also have cause of action against the employer as if this title had not been enacted, for any damages in excess of compensation and benefits paid or payable under this title.” In other words, if you can present clear and compelling evidence that shows that your employer had certain knowledge that workers would suffer injuries and yet willfully disregarded this knowledge by taking no action or providing no warning of the dangers, you may hold your employer legally and financially liable for these failures. It’s important to recognize that these types of lawsuits can be challenging to prove, so it’s best to work with a highly experienced and dedicated Seattle personal injury lawyer to identify the most strategic course of action.
Can You Sue a Company for a Work Injury?
Some workplace accidents are caused by faulty or defective equipment. For example, if you work in an industry that uses heavy machinery and the equipment malfunctions in a way that injures you, it’s worth discussing the specifics of your situation with Seattle’s go-to personal injury law firm. You may be able to file a third-party claim against a party (other than your employer) that is responsible for your injury. A third-party lawsuit may be brought against a manufacturer who’s responsible for producing the defective product or machine that caused you harm. In some cases, you may be able to pursue both a workers’ compensation claim and a personal injury claim to obtain the compensation you need to support the vast and varied costs associated with your recovery. While workers’ compensation claims are processed through L&I, third-party claims are usually litigated directly using the Washington State Superior Courts. In the Seattle area, cases are filed in King County Superior Court. When you meet with your experienced and knowledgeable Seattle personal injury lawyer, you can discuss the details of your case to determine the most strategic path forward.
Learn More About Suing an Employer for Negligence Today
Suffering a work-related injury is often a destabilizing and stressful experience. In addition to coping with the physical injuries and facing a long and complicated path to recovery, you’re likely concerned about the costly medical bills and lost wages that are quickly piling up. However, as daunted and overwhelmed as you may feel right now, you do not have to navigate this stressful time alone. When you enlist the guidance of a trusted and caring personal injury lawyer, you can rely on their expertise to ensure that your best interests remain safeguarded at all times. Your attorney can step in to negotiate a fair and favorable outcome on your behalf while you continue to focus on what matters most—your recovery.
The highly qualified and experienced legal professionals at Scott & Scott, PLLC, are committed to helping injured workers collect the compensation they need to support the costs of their recoveries. Please contact our Seattle, Washington office today at (206) 622-2200 to get started with a knowledgeable workers’ compensation attorney.
