You didn’t ask for this. But here you are.
You showed up. You did your job. And now you’re dealing with an injury, a stack of paperwork, and a paycheck that stopped coming.
Most workers in your position do one of two things: they try to tough it out and get back to work before they’re ready, or they file an L&I claim and assume that’s all they can do. Both can cost you more than you realize.
What many injured construction workers don’t know is that there may be two separate claims available, not just one. Filing an L&I claim allows you to get medical treatment and time loss benefits through the state, but it doesn’t cover pain and suffering, loss of ability to enjoy life, or other general damages. That’s what the personal injury claim is for. And if anyone other than your direct employer or a co-worker caused or contributed to your injury, you may have one.
We handle both. And we’ll help you understand exactly where you stand.
Two claims. One injury. Here’s what that means for you.
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Third-party personal injury claim: Available when someone other than your direct employer or a co-worker caused or contributed to your injury. This could be a general contractor, a subcontractor from a different company, an equipment manufacturer, or a site owner. Covers full lost wages, pain and suffering, loss of ability to enjoy life, and long-term earning capacity. You have 3 years from the date of injury to file. |
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L&I (workers comp): Available to any worker injured on the job in Washington, regardless of fault. Covers medical expenses and time loss benefits. Does not cover pain and suffering or other general damages. You have one year from the date of injury to file. We cover the L&I side in detail on our workers compensation page, and if both claims exist, we’ll handle both. |
These two claims run alongside each other. Pursuing a personal injury claim does not take away your L&I benefits. Washington law guarantees that if a third-party claim is successful, you keep a meaningful share of that recovery. The process is complex, but that’s exactly what we’re here to navigate.
How construction site injuries happen
Construction sites are among the most hazardous workplaces in Washington. The injuries we see most often involve:
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Scaffolding, roofs, ladders, elevated platforms |
Tools, materials, or equipment dropped from above |
Cranes, excavators, forklifts, equipment malfunction |
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Trench collapse, wall failure, scaffolding collapse |
Live wires, improper grounding, exposed panels |
Asbestos, lead, chemical exposure during demolition |
On a construction site, fault can come from many directions.
Construction sites involve a web of contractors, subcontractors, equipment suppliers, and site owners. When something goes wrong, figuring out who is legally responsible isn’t always straightforward.
Depending on the circumstances, potentially liable parties may include the general contractor overseeing the site, a subcontractor from a different company than your own, an equipment manufacturer whose product failed, a landowner who maintained unsafe conditions, or a supplier of defective materials.
The relationships between these parties, and the question of who bears legal responsibility for your injury, is exactly the kind of complexity we untangle. A free call is often enough to get a clear picture of who your claim might be against.
Deadline callout
| Third-party personal injury claim: 3 years from the date of injury. L&I claim: one year. Missing either deadline can permanently affect your rights. If you’re not sure where you stand, call us before the clock runs out. |
Things you might be thinking
“I already filed L&I. Isn’t that all I can do?”
Not necessarily. L&I is the starting point, not the finish line. Depending on who caused your injury, you may have a personal injury claim on top of your L&I benefits. It’s worth a conversation before that window closes.
“I don’t want to make trouble for my employer or my crew.”
A personal injury claim goes after a third party, not your own employer or co-workers. Washington law handles your employer’s side through L&I. We’ll be straight with you about who the claim is actually against.
“The insurance company already called me. They seemed pretty reasonable.”
Insurance adjusters are experienced at settling quickly and cheaply. A reasonable-sounding offer made before you know the full extent of your injury is almost never the right one to take. Talk to us first.
“I want a firm that handles both sides. How do I know you actually do that?”
We work both the personal injury claim and the L&I claim when both exist. The two affect each other in important ways, and having one attorney across both means nothing falls through the cracks.
