
Every year, there are thousands of workers across the nation who are injured while performing work-related tasks. While most of these workers reserve the right to file a workers’ compensation claim for injuries, workers’ compensation is not the only source of recovery following a workplace injury.
If you have been told by your employer that all you can do to recover compensation after being harmed at work is to file a workers’ compensation claim, we urge you to schedule a consultation with our Spokane workplace injury lawyer. While you may be barred from filing a claim against your employer, if you are injured while working as a result of a third party’s negligence, you deserve to be compensated. Our law firm can help.
An employee in nearly any industry can suffer an on-the-job injury. Some of the most common types of workplace accidents and injuries include:
A workplace accident can leave a worker with a disabling injury that is expensive to treat, and which prevents them from returning to their job and earning an income. The worker may also require special assistance or care as a result of their disability, and even be forced to make modifications to their home. Noneconomic losses, such as pain, suffering, and a diminished quality of life are also possible.
In Washington State, workers’ compensation coverage is mandatory for most employers, and therefore the majority of employees are covered under this coverage type. Workers’ compensation insurance is a no-fault insurance system; workers do not have to prove fault for their injuries and are not barred from recovery if their own fault contributed to an accident. In exchange, employers are immune from liability, which means that an injured employee cannot file a suit against their employer for damages. What’s more, only economic damages, such as compensation for lost wages and medical expenses, are recoverable in a workers’ compensation suit; an employee who’s injured cannot seek compensation for pain and suffering.
While you are barred from filing a lawsuit directly against your employer following a workplace injury, you may maintain the right to file a third-party liability claim against a negligent third party, such as another business, contractor, property owner, manufacturer, driver, etc. In a third-party liability claim, you must prove that:
Examples of third-party claims include:
Being injured at work often results in serious losses, and workers’ compensation coverage is often not an adequate source of recovery. When you are harmed at work and you call our Spokane workplace injury attorneys, we will investigate your case to determine whether or not the negligence of a third party contributed to your harm. If it did, we can represent you in your claim, gather evidence on your behalf, issue a demand letter, and represent you in settlement negotiations. Note that you may maintain the right to bring forth both a workers’ compensation claim and a third-party liability claim. The statute of limitations on a third-party workplace injury claim is three years from the date of the accident in Washington, but our lawyers advise getting started well before the statute of limitations is breached.
To learn more, please call (509) 495-1246 today or send us a message. We are here to serve you.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.