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. 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.
Here are some questions many people have about third party work injury claims:
- What are some examples of a third party claim?
- Why 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?
If you were injured on the job and want to know if you have a third-party claim, contact us online for a free consultation with a work injury attorney, or call 360-718-3640. Attorney Colin Scott can meet with you personally to review your case. Colin can also answer any questions you may have.
What are examples of a third-party claim?
- You were bitten by a dog while 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 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?
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 an 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 an attorney.
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. There is an important exception to this rule if your employer or co-worker injures you intentionally. RCW 51.24.020. 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).