Vancouver, WA Accident Attorney: Workplace Injuries
Know your rights as an injured worker!
If you were injured on the job and your claim is accepted, workers’ compensation (or in some instances your self-insured employer) will pay for your medical care and a portion of your lost wages that are directly related to the accident. If your injuries were caused by someone other than your employer, you may be entitled to additional compensation by making a claim against the at-fault party. This is generally referred to as a third party claim. Examples include:
- You were bit by a dog while working on someone else’s property
- Your were involved in an auto collision while working and it wasn’t your fault
- You were injured by a defective piece of equipment at work
- You were injured at work due to a dangerous condition created by a negligent property owner, general contractor, subcontractor, or employee working for another company
If you were injured on the job and want to know if you have a third party claim, contact our Vancouver, WA accident attorneys today and speak with a personal injury attorney who can provide a free case evaluation and answer your questions. Call: (360) 718-3640.
Frequently Asked Questions about Third Party Claims in Workers’ Compensation Cases
Should I file a third party claim?
Should I talk to the insurance company about my third party claim?
Can I file a third party claim against my employer?
Additional questions about making a third party claim in a workers’ compensation setting?
There are limits to the amount of compensation you can receive under the workers’ compensation laws. To overcome these limitations and receive additional money, including money for pain and suffering, you must generally file a third party claim.
Before speaking with the insurance company, you should consult with an attorney to discuss your legal options. It isn’t necessary to file a third party claim in every case. However, delaying to file a third party claim may result in losing your right to receive compensation. Therefore, if you intend to pursue a third party claim, you should consult with an attorney.
Generally speaking, you cannot sue your employer (or a negligent co-worker employed by the same company) for an injury that is already covered under the workers compensation laws in the State of Washington. There is an important exception to this rule if your employer or co-worker injures you intentionally. See RCW 51.24.020. In order to satisfy such a claim, you must show: (1) your employer had certain knowledge you would sustain injury; and (2) your employer willfully disregarded this knowledge. Intentional injury claims may arise in a variety of contexts. The most clear-cut example is when a supervisor or co-worker deliberately assaults an employee, but may arise in other contexts as well. See Birklid v. Boeing, 127 Wn.2d 853, 904 P.2d 278 (1995).
To learn more about how our firm can assist you with a third party claim in a worker’s compensation setting, contact The Scott Law Firm, PLLC today and speak with a Vancouver, WA personal injury attorney who can provide a free case evaluation and answer your questions: (360) 718-3640.
Disclaimer: Web content is not legal advice. Using this website does not establish an attorney-client relationship. If you have questions about a legal matter, you should consult with an attorney who is licensed to practice law in the appropriate jurisdiction and is familiar with the facts in your situation. To learn more about how The Scott Law Firm, PLLC can assist you with a personal injury related matter, contact our office today for a free consultation: (360) 718-3640.