If You've Been Injured At Work, Our Law Firm Can Help
Colin fights to protect injured workers in Vancouver, WA
When workers are hurt on the job, their lives can change very quickly. Suddenly they are left with a serious personal injury. They also suffer a loss of income while they can't work. Work injury attorney Colin Scott of The Scott Law Firm, PLLC fights for the rights of injured workers so they can get the compensation they need to get their lives back on track.
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. To be clear, we are not a workers’ compensation law firm. However, 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.
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FAQs About Work Injury Claims in Washington
Here are some questions many people have about third-party work injury claims:
- What are examples of a third-party claim?
- Should I file a third-party claim if I was hurt on the job?
- Should I talk to the insurance company about my third-party claim?
- Can I file a third-party claim against my employer?
- How does a third-party claim differ from a workers’ comp claim?
- Can I pursue a third-party claim while receiving workers’ compensation?
- What steps should I take after a third-party work injury?
- Can I file a third-party claim against the property owner where I was injured?
- What if I was injured by defective equipment on the job?
- Can I sue another driver if I was injured in a work-related vehicle accident?
- What if a subcontractor caused my workplace injury?
- How does Washington’s statute of limitations apply to third-party claims?
- What if the responsible third party denies fault?
- How long does a third-party claim take to resolve?
- Should I accept a settlement from the third-party’s insurer?
- How do I contact a Vancouver work injury lawyer?
What are examples of a third-party claim?
- You were bitten by a dog while delivering mail or working on someone else's property.
- You were injured in an auto collision while driving for work.
- You were injured by a defective piece of equipment at work.
- You were injured at work due to a dangerous condition created by someone other than your employer – such as a negligent property owner, general contractor, subcontractor, or employee working for another company.
Should I file a third-party claim if I was hurt on the job?
The short answer? Sometimes. 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.
Should I talk to the insurance company about my third-party claim?
Before speaking with the insurance company, you should consult with a Vancouver, WA work injury attorney (also known as a workers’ compensation attorney) to discuss your legal options. It isn’t necessary to file a third-party claim in every case. However, if you delay filing a third-party claim, this may result in losing your right to seek financial compensation. Therefore, if you intend to pursue a third-party claim, you should consult with a personal injury attorney who handles these types of claims.
Can I file a third party claim against my employer?
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 workers’ compensation laws in the state of Washington. However, there are several important exceptions to this rule.
One exception is under RCW 51.24.020 – Action against employer for intentional injury. In order to make such a claim, you must show: (1) your employer had certain knowledge you would sustain an 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, e.g., Birklid v. Boeing, 127 Wn.2d 853, 904 P.2d 278 (1995) (workers repeatedly exposed to a toxic adhesive where the company was substantially certain it was making them sick).
Another exception exists when a temporary employee is injured at a work site, in which case the temp may be able to sue the company they are working for, even if the temp is employed by a staffing agency.
Another exception exists under the recent Washington Supreme Court case Cockrum v. C.H. Murphy/Clark-Ullman, Inc. (No. 102881-4), which holds that under the “deliberate intention” exception applies where an employer intentionally exposed its workers to asbestos. (Overruling the “actual knowledge” standard set forth previously, in the context of an injured worker exposed to asbestos, established under Walston v. Boeing Co., 181 Wn.2d 391, 334 P.3d 519 (2014)).
Additional exceptions may exist, depending on the circumstances you are facing. Therefore, if you are considering whether to pursue a third-party claim against your employer, you should discuss your situation with a Washington personal injury attorney who can advise you whether it’s possible.
How does a third-party claim differ from a workers’ comp claim?
Workers’ compensation benefits are typically available without needing to establish who was at fault for the injury, meaning they can be obtained as long as the injury occurred within the course and scope of employment.
However, workers’ compensation benefits are generally limited to covering medical expenses, a portion of lost wages, and certain disability benefits, and they do not include financial compensation for pain and suffering or other non-economic damages that are typically available in personal injury cases. A third-party claim, on the other hand, can provide a more comprehensive recovery not covered under workers’ compensation alone.
Can I pursue a third-party claim while receiving workers’ compensation?
Yes, you have the right in Washington to pursue a third-party claim along with your workers’ compensation claim. Because workers’ compensation claims are filed through your employer’s insurance, they don’t affect your right to file a separate third-party claim against another individual or company. In fact, pursuing both claims can be an effective way to ensure you receive fair compensation that addresses all of your losses.
However, while workers’ comp benefits aren’t reduced by a third-party claim, your employer’s insurance provider may have a right to reimbursement, called a “lien,” on part of the third-party settlement. This means they may claim back some of the benefits they paid through workers’ compensation if your third-party claim results in additional compensation.
Attorney Colin Scott can help you understand and negotiate these liens, while maximizing the final amount you take home from your third-party claim.
What steps should I take after a third-party work injury?
After experiencing a work injury involving a third party, taking the right steps promptly can help protect your health and your potential claim for compensation. Here are the steps to follow after a third-party work injury in Washington:
- Report the injury to your employer: Notify your employer immediately about your injury or work-related illness. Prompt reporting helps to ensure your work injury is documented and can be used later to help support your workers’ compensation claim.
- Seek medical care: Even if your injuries seem minor, get a medical evaluation as soon as possible. Medical records are key in linking your injury to your work accident and will support both your workers’ comp and third-party claims.
- Document the work accident scene: Take photos or videos of the area where your work injury occurred. Make sure they show any relevant hazards, machinery, or equipment involved. This evidence may be useful later on when it comes time to prove liability (showing who is legally responsible for causing your injury).
- Collect witness information: If coworkers, bystanders, or others witnessed your work accident or workplace conditions, get their contact details. Witnesses can provide verbal or written statements that reinforce your account of the events leading to your injury or work illness.
- Retain evidence of defective equipment or unsafe conditions: If a piece of machinery or equipment was involved, make sure it’s documented before any repairs or modifications are made. This evidence can be valuable in a product liability claim against the manufacturer or supplier.
- Maintain a record of expenses and missed workdays: Keep detailed records of all injury-related expenses and time missed from work due to medical appointments or recovery.
- Get legal help: Vancouver work injury attorney Colin Scott can evaluate your case, determine if a third-party claim is available, and guide you through the legal process in Washington.
Can I file a third-party claim against the property owner where I was injured?
If unsafe conditions on a third-party property led to your work injury, or some other hidden or dangerous condition caused or contributed to your injury, you may have the right to file a third-party claim against the property owner in Washington. In some cases, you may also be able to file a claim against the maintenance company responsible for the premises (or someone else who caused or contributed to the hidden/dangerous condition).
This type of claim is based on Washington’s premises liability laws, which require property owners to maintain a safe environment for people who are lawfully on the premises (including workers). If they failed to address hazards such as broken stairs, slippery floors, poor lighting, or other unsafe conditions, and those conditions caused your injury, they may be held liable.
To strengthen your claim, document the hazard and any injury-related details, such as photos of the property, video, witness statements, and a record of medical treatment. Vancouver premises liability attorney Colin Scott can help gather and present this evidence to establish the property owner’s negligence for your work injury claim.
What if I was injured by defective equipment on the job?
If faulty equipment at work led to your injury, you may be able to pursue a third-party claim under Washington’s product liability laws. This claim allows you to hold accountable the manufacturer, distributor, installer, and/or others who may have contributed to the defective condition of the equipment.
For a successful claim, you’ll need to demonstrate that the product had an inherent defect in its design, manufacturing, or labeling that made it dangerous for use as intended. Product liability claims often require evidence such as maintenance records, expert testimony, and other evidence that shows the equipment was being used as intended but nevertheless resulted in injury. Attorney Colin Scott can help you build a case that shows how the defect caused your work injury.
Can I sue another driver if I was injured in a work-related vehicle accident?
Yes. If another driver’s negligence caused your work-related vehicle accident, you have the ability to file a third-party claim against them. In this case, you would typically seek to recover your damages from the at-fault driver’s insurance company. However, to prevail, you’ll need evidence that shows the other driver’s negligence caused the vehicle accident.
Attorney Colin Scott can investigate your work-related crash and fight to maximize your compensation through a settlement or judgment.
What if a subcontractor caused my workplace injury?
If a subcontractor or an employee from another company is responsible for your workplace injury, you may have grounds to pursue a third-party claim. For example, if someone left equipment unsecured or failed to follow safety protocols, they and their employer could be held liable, the legal term for being legally responsible for compensating you for your economic and noneconomic losses.
The Scott Law Firm can gather the necessary evidence, establish liability, and maximize your recovery while protecting your legal rights when this happens.
How does Washington’s statute of limitations apply to third-party claims?
The statute of limitations (the legal deadline) for most third-party claims in Washington is still generally three years from the date of the injury, but may vary depending on the circumstances. Other deadlines sometimes apply for taking legal action in response to other workplace injuries in Washington.
This is why it’s important to act promptly to make sure you meet all the deadlines that apply to workplace injury lawsuits in Washington. Plus, the longer you wait, the harder it often becomes to get the evidence you need to build a strong claim. Evidence can disappear such as video surveillance. Witnesses might forget details about your work injury accident. Or the work area itself may change before photographs are taken.
Once you decide to file your claim, Attorney Colin Scott can launch an immediate investigation into your Washington work accident to gather important evidence while it’s fresh. Our legal team can also file your workplace injury lawsuit on your behalf and be there with you in court every step of the way.
What if the responsible third party denies fault?
When a third party denies responsibility for your Washington work injury, Attorney Colin Scott can meticulously gather and analyze evidence that demonstrates their negligence and/or shows they are legally responsible for your injuries. He can collect video surveillance footage, obtain maintenance logs or safety records, and identify any violations of safety protocols.
Additionally, he can interview witnesses who observed the incident, gather their statements, and, if necessary, consult with a work accident reconstruction expert who can testify on your behalf and explain in detail what caused your work injury. With strong evidence, our law firm can effectively challenge the third party’s denial and advocate for your rights to recover damages, which is compensation for your economic and noneconomic losses due to your work injury.
How long does a third-party claim take to resolve?
The timeline for resolving a third-party claim can vary widely based on the evidence needed, whether liability is disputed, and how long it takes you to heal and fully recover from your injuries. If the third party accepts fault and offers a fair settlement, your case may resolve relatively quickly while cases that are in litigation may take years to resolve.
Attorney Colin Scott can keep you informed at each stage and may advise whether to accept a settlement or pursue litigation for maximum compensation.
Should I accept a settlement from the third-party’s insurer?
When considering a settlement offer from a third-party insurer, timing and thorough evaluation are key. Insurers often make an initial settlement offer that may be less than your injury and damages warrant. Their goal is to resolve your work injury claim quickly and for as little money as possible. Why? Because once you accept a settlement offer, you’re often prohibited from seeking additional compensation, even if your workplace injury expenses increase dramatically in the future.
It’s important to remain patient and wait until a work accident attorney carefully reviews your claim and any settlement offers you may have received and weighs this figure against the estimated value of your claim. Attorney Colin Scott has many years of doing this in his personal injury practice and can take steps to maximize the recovery in your case.
How do I contact a Vancouver work injury lawyer?
If you were hurt at work in Vancouver or anywhere else in Washington, get experienced legal support from The Scott Law Firm. During your free consultation, Attorney Colin Scott will review your case, answer your questions, and explain your available options for pursuing compensation. This free, no-obligation consultation can provide you with a straightforward assessment of your potential claim(s) and give you a clear idea of what to expect, what damages (financial compensation) you may qualify for, and how the legal process works .
Our law firm works on a contingency fee basis, which means you don’t pay unless we secure compensation for you. Colin Scott’s extensive experience in personal injury and third-party work injury cases in Washington State means he knows what it takes to stand up to insurers trying to minimize your claim. With Colin on your side, you’ll have an advocate who’s prepared to fight for the compensation you deserve for medical expenses, lost wages, and pain and suffering.
To get started, simply contact us online or call our law office to speak with Vancouver personal injury and third-party work injury lawyer Colin Scott.