Construction work comes with real physical injury risks, even on well run job sites. When an injury happens, you can turn to workers compensation through the Washington State Department of Labor and Industries, also called L&I. While this can cover your medical care and partial wage replacement, it does not cover the full impact an injury can have on your life.
Understanding the limits of L&I benefits
Workers’ comp through L&I is a no-fault system. This means you will receive limited benefits regardless of who caused the accident. However, L&I does not pay for non-economic damages that include pain and suffering or family losses.
Who counts as a third party on a job site
You can sue anyone who is not your employer if their negligence contributed to your injury. Third parties often include:
- General contractors
- Subcontractors
- Equipment manufacturers
- Property owners
- Delivery drivers
Each of these parties carries separate legal responsibility. Without identifying liability, compensation remains limited to workers compensation benefits alone.
The downside of winning your third party claim
Even if you win, you do not get to keep the full settlement. Washington law requires that if you recover money from a third party, the state must be repaid for any L&I benefits it already paid you. The law guarantees you at least 25% of the net recovery after attorney fees and costs. If the settlement is large, L&I can suspend your monthly time loss payments until the state’s share is complete.
Pursue your right to compensation
Construction injuries can affect your health and your paycheck at the same time. A workers’ comp lawyer can investigate whether someone besides your employer caused the accident and open additional claims. So secure your evidence and do not hesitate to push for the compensation you worked for.