Washington has a distinctive workers' compensation system run largely through the state's Department of Labor and Industries. While workers' comp covers many on-the-job injuries, an injured worker may also have a separate third-party claim that provides additional recovery.
How Washington Workers' Comp Works
Most Washington employers participate in the state-run workers' compensation system, which provides medical coverage and partial wage replacement regardless of fault. In exchange, workers generally cannot sue their employer directly.
Benefits are important but often do not fully compensate for serious injuries, especially non-economic harm.
When a Third-Party Claim Is Available
If someone other than your employer contributed to your injury — a negligent driver, an equipment manufacturer, a subcontractor, or a property owner — you may have a third-party personal injury claim in addition to workers' comp.
Unlike workers' comp, a third-party claim can recover pain and suffering and the full measure of damages.
Coordinating the Two
Third-party recoveries can involve reimbursement of workers' comp benefits, so the claims must be coordinated carefully. An attorney can maximize your total recovery.
If you were hurt at work in Washington, a free case review can identify whether a third-party claim exists.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.