Even though workplaces across the country have strong protections to keep their employees safe, work-related injuries can and do happen. According to the U.S. Bureau of Labor Statistics, approximately 2.6 million employment-related injuries and illnesses were reported in 2023 (the year with the most recently available data). As an injured worker, you may have heard about your employer’s workers’ compensation benefits that are designed to provide you with the financial benefits you need to support the costs of your recovery (i.e., lost wages, medical expenses). In order to access workers’ compensation benefits, you agree to release your employer from liability. In other words, you cannot file a lawsuit against your employer. However, depending on the specifics of your case, it may be possible to hold a third-party responsible for your work-related injuries. If this is the case, you may decide to file a personal injury lawsuit against a party other than your employer to collect additional damages.
If you’re ready to explore your workplace accident compensation options in Washington state, it’s worth enlisting the guidance and support of a highly qualified and experienced Seattle workers’ compensation attorney who can provide you with the customized and effective legal advocacy you need during this challenging time. Together, you can identify the key differences between workers’ compensation and personal injury claims in Washington so that you can make an informed decision with greater understanding and confidence. Let’s take a closer look at how Washington workers’ compensation claims work and when it may be possible to file a personal injury claim against a third-party to maximize the benefits you are able to recover after your workplace accident.
How Does Workers’ Compensation Work in Washington State?
According to the Washington State Department of Labor & Industries (L&I), “Workers’ compensation pays for medical care directly related to your accident or illness.” Additionally, those who are unable to work because of the injury or illness may be entitled to receive a portion of their lost wages. Essentially, workers’ compensation is a no-fault system that provides injured workers with financial benefits while releasing the employer from all legal liability. In other words, by receiving workers’ compensation, you cannot turn around and file a lawsuit against your employer. Immediately following the incident, you must seek medical attention and report the injury to your employer. From there, you can file a workers’ compensation claim with L&I and begin receiving compensation once the claim is reviewed and approved. The final step of the workers’ compensation process is coordinating a safe and timely return to work with the support of L&I (or your self-insured employer).
Can I Sue My Employer in Washington State?
Since workers’ compensation is a no-fault system, injured employees may receive workers’ compensation benefits without having to prove fault. This also means that the injured party may not sue their employer for the injuries they sustained; instead, the workers’ compensation benefits will cover their medical bills and a portion of their lost wages. However, if a negligent third-party played a role in your work-related injury, you may be able to file a personal injury claim against them to recover additional damages. The major difference between workers’ compensation and personal injury is that personal injury claims require that the party seeking damages must prove that their injuries were directly tied to the other party’s negligence or fault. In other words, another party acted negligently and this breach of duty resulted in your injury. For example, if the heavy machinery you were using at work malfunctioned due to a defect, you may be able to file a personal injury lawsuit against the manufacturer and recover damages.
Notable Differences Between Workers’ Comp and Personal Injury
As we explored briefly in the section above, Washington’s workers’ compensation benefits follow a no-fault system. In contrast, personal injury claims require the plaintiff to establish fault on the part of a negligent third-party (other than the employer). Another key difference between these types of claims is the legal process they follow. To file a workers’ compensation claim, the employee can go through L&I or a self-insured employer. However, to file a personal injury claim, the plaintiff needs to go through the civil court system—which can take a considerable amount of time to move forward. While workers’ compensation benefits often cover medical expenses, a portion of the worker’s lost wages, and disability benefits, the damages awarded in a personal injury lawsuit can encompass additional considerations, such as pain and suffering, emotional distress, and a larger portion of the employee’s lost wages. To learn more about the differences between workers’ compensation claims and personal injury lawsuits, reach out to Scott & Scott, PLLC, Seattle’s go-to law firm for injured workers, today.
Situations When a Washington Workplace Injury Lawsuit Could Be Possible
Most work-related accidents are handled through Washington’s workers’ compensation system. However, there are certain cases where a third-party may have played a role in injuring the worker, making it possible for the plaintiff to file a personal injury lawsuit against this negligent party. Situations involving defective equipment that was produced by a negligent manufacturer, or where a negligent proprietor failed to keep their premises free of hazards and caused a delivery driver to slip and fall, may entitle the injured worker to file a personal injury lawsuit in addition to collecting workers’ compensation benefits. The best way to fully understand your workplace accident compensation options in the greater Seattle area is to enlist the guidance of a trusted and knowledgeable personal injury attorney as soon as possible.
Get Started With a Skilled Seattle Workers’ Compensation Lawyer Today
If you have been injured in a work-related accident, the dedicated legal team at Scott & Scott, PLLC, is ready to help you understand your rights and options for securing the compensation you need to support the costs of your recovery. Please get in touch with our Seattle, Washington office today at (206) 622-2200 to get started with an experienced and trusted personal injury attorney.