Employers are required to keep their environments as safe as possible to prevent accidents and injuries. Unfortunately, on the job injuries do happen, which can lead to serious physical, mental, and emotional issues for injured workers. In addition to facing painful and complex physical recoveries, injured employees often face additional stress from lost wages, costly medical bills, and psychological tolls (i.e., anxiety, post-traumatic stress, depression, etc.) caused by workplace accidents. Washington state’s Department of Labor and Industries (L&I) oversees the Workers’ Compensation program that provides financial assistance to workers who are injured on the job. However, there are some cases where a worker may be entitled to pursue the financial damages they need outside of the Workers’ Compensation system. These cases tend to be complex and difficult to navigate without trusted and experienced legal guidance—which is where the dedicated team of workplace injury experts at Menzer Law comes in. Our systematic approach to workplace accident injury claims outside of Washington’s Workers’ Compensation system is designed to secure justice and fair compensation for the injured workers we proudly serve.
We at Menzer Law recognize the significant dangers that construction and other high-risk industries pose to their workers. Our mission is to provide customized legal services to every client we serve. To that end, we carefully review each potential claim to ensure that we can focus our efforts on cases where we believe our expertise can have the most profound impact. If you have been severely injured while on the job and you want to know what your options are for collecting the compensation you need to begin putting your life back on track, we invite you to contact our Seattle office for a complimentary review of your claim. This post will cover how on-the-job injury compensation cases typically unfold in Washington state and how enlisting the guidance of a trusted and experienced personal injury legal advocate can provide you with the support and encouragement you need during this challenging time.
On the Job Injury Workers’ Compensation Claims in Washington State
In many cases where a worker is injured on the job, the injured party can file a claim through Washington’s Workers’ Compensation system to receive compensation that “pays for medical care directly related to your accident or illness.” These claims generally involve the injured worker seeking medical care and working with their doctor to file a Workers’ Compensation claim through the Department of L&I. Although these claims typically progress smoothly, there are issues that can arise that may require legal guidance or dispute resolution services. Moreover, on the job injury cases can become more complicated when they involve high-risk industries like construction, where there may be more than one liable party or non-traditional relationships between the worker and the employer (i.e., contractors, subcontractors, equipment manufacturers, etc.). In these cases, it’s important for the injured worker to seek the counsel of a knowledgeable and highly experienced workplace injury law firm that understands the nuances and complexities of these industries. At Menzer Law, our team of legal experts is familiar with cases involving workplace injury claims outside of the Workers’ Compensation system, and we are prepared to help those injured on the job secure the compensation they need to support the wide-ranging costs of the recovery process.
Common Causes of Workplace Accident Injuries in Washington
While workplace accidents can happen to anyone, those who work in high-risk industries—especially the construction industry—are particularly vulnerable to on the job injuries. Understandably, the construction industry carries certain inherent dangers, as building sites are often bustling with heavy machinery. Construction workers are routinely exposed to safety hazards, some of which are highlighted below.
Equipment or Machinery Failures
Construction sites are usually full of heavy machinery, such as cranes, forklifts, scaffolding, and other types of equipment that can malfunction without warning. Even highly trained and experienced machine operators can experience equipment failure, which can cause substantial damage and catastrophic injuries. Defective or poorly maintained machinery can also result in severe injuries that require extensive medical treatment and lengthy recoveries.
Falls From Considerable Heights
Many construction workers spend a substantial amount of time on scaffolding or ladders. Slick surfaces or poorly maintained ladders can cause a worker to lose their footing and fall from a considerable height. In other cases, an improperly positioned ladder can lead to a fall, which can also cause serious injury or even death to the worker who falls from a great distance.
Electrical Accidents
Construction projects often involve wiring and electrical equipment. Faulty wiring, live power lines, and other electrical system mishaps can cause life-threatening shocks or severe burn injuries. Workers who suffer on the job electrical injuries often face long and complicated physical recoveries.
Structural Collapses
Another common construction site accident involves structural collapses. Unstable structures and poorly erected scaffolding can collapse without warning, causing catastrophic injuries to nearby workers.
Pursuing a Workplace Injury Claim in Washington State
In Washington state, employers and coworkers that are obligated to carry workers’ compensation insurance will typically have immunity from personal injury lawsuits from within their own company. This means that most workplace accident injury claims where the employer carries workers’ compensation insurance will be processed through the L&I’s system. When the injured worker files a workers’ compensation claim, they are also agreeing not to file an additional lawsuit against the employer. However, it’s important to recognize that construction accidents may involve several parties, such as the construction site owner, contractors, subcontractors, or even equipment manufacturers. In some cases, the injured worker may seek compensation from a third party, and this process occurs outside of the Workers’ Compensation system. Let’s take a closer look at some of the potential third parties that could be held liable for paying injured on the job settlements to workers who are harmed in workplace accidents.
Construction Site Owners
In some cases, the owner of the construction site may be held liable for accidents that occur on their premises. Their liability will depend on how much control the owner has over the property compared to the level of control they have over the work being performed at the site.
Engineers or Architects
Sometimes, the contract between the construction company and an engineer or architect requires these parties to check on the progress of the construction and ensure that all activities remain in compliance with all relevant code regulations and plans. Failure to verify compliance may make a party liable for any accidents that occur because of their negligence.
General Contractors
General contractors are responsible for any work stipulated to in their contract as well as any work that they delegate to subcontractors. Washington law also requires general contractors to provide a safe workplace environment for everyone, even subcontractors and their employees.
Product Manufacturers
When a construction site injury occurs because of an equipment malfunction, product liability may be a factor. Product manufacturers can be held responsible for defective equipment that they put out there on the market when these failures or defects cause injuries.
Learn More About Recovering Injured at Work Compensation
On the job injuries can range in severity from relatively minor sprains or scrapes to catastrophic, life-changing injuries. Whether you decide to pursue the financial support you need through the Workers’ Compensation system or by filing a personal injury lawsuit against a third party, it’s highly recommended that you seek out the guidance of a knowledgeable and experienced legal professional who can support you at every stage of the recovery process. At Menzer Law, we are highly skilled in third-party litigation, settlement negotiations, and taking cases to trial before juries. Should we take on your case, we will work hard to ensure that you receive the compensation you deserve that accounts for all the injuries, losses, and damages you’ve suffered. In order to maximize the settlement offer you receive, it’s worth taking the following steps as soon as possible so that you and your dedicated legal team can put together a strong and compelling case.
Seek Medical Attention
It’s essential to visit a medical professional within a day or two of your accident to receive a comprehensive evaluation. The medical records established by your visit will attest to the nature, severity, and prognosis of the injuries, which will be vital to the strength of your personal injury claim. It’s also important to follow through on all your doctor’s recommendations (i.e., medication, physical therapy, follow up visits, etc.) to show how seriously you are taking your physical recovery.
Document Everything
Workplace accident injuries can be financially devastating, as you are suddenly facing costly medical bills and lost wages because you are unable to work. Be sure to keep track of all the bills and any documents that can attest to the financial toll that this incident is taking. Your knowledgeable and experienced legal advocate will help you compile sufficient evidence that maximizes your chances of recovering the compensation you need to get your life back on track after the workplace injury.
Workplace accidents can present complicated legal issues regarding whether a worker can sue for damages outside of Washington’s Workers’ Compensation system. At Menzer Law, we have the experience and expertise to successfully navigate these complexities and obtain fair and just compensation for our clients. Call our Seattle office today at (206) 903-1818 to arrange a complimentary review of your claim.