Construction work is one of the most dangerous professions in Washington state. With heavy machinery, multiple contractors, and hazardous environments, it’s no surprise that injuries are common. If you’ve been hurt on a construction site in Seattle, your first instinct may be to file a workers’ compensation claim. But what many don’t realize is that your injury might involve more than just L&I.
In some cases, injured workers may have a right to pursue a third-party personal injury claim in addition to receiving workers’ compensation benefits. This could significantly increase your financial recovery, especially if another party—someone other than your employer—was at fault.
Here’s what you need to know.
Workers’ Compensation in Washington: What It Covers—and What It Doesn’t
Washington’s workers’ compensation system, administered by the Department of Labor & Industries (L&I), provides no-fault benefits to injured employees. That means you don’t have to prove negligence to receive medical coverage, wage replacement, or disability payments. However, the system has its limits:
- Pain and suffering are not covered.
- Lost earning capacity is only partially reimbursed.
- Permanent impairment awards are limited.
This is why injured workers in Seattle often explore other legal avenues when the circumstances suggest that another party’s negligence caused or contributed to the injury.
What Is a Third-Party Claim?
A third-party claim is a personal injury lawsuit against someone other than your employer or co-worker whose negligence contributed to your injuries. This is separate from your L&I claim and allows you to seek full compensation, including:
- Pain and suffering
- Full wage loss
- Future lost earnings
- Medical costs not covered by L&I
- Loss of enjoyment of life
Common third-party defendants in construction site cases include:
- General contractors
- Subcontractors (other than your direct employer)
- Property owners
- Architects or engineers
- Equipment manufacturers
- Delivery drivers or other vendors on-site
For example, if a subcontractor from another company dropped materials that injured you, or if defective scaffolding collapsed due to poor design, you may be entitled to more than L&I benefits.
Washington Law: When Can You File a Third-Party Lawsuit?
Under RCW 51.24, Washington law allows injured workers to pursue a third-party claim if someone outside of their employment relationship contributed to the injury through negligence or misconduct. You must prove:
- The third party owed you a duty of care.
- That duty was breached (i.e., they were negligent).
- The breach caused your injury.
- You suffered damages as a result.
Importantly, your employer and co-workers are typically protected from lawsuits under the workers’ compensation system—but others on the job site are not.
Statute of Limitations
You have three years from the date of the injury to file a third-party personal injury lawsuit. This is separate from the one-year deadline to file a workers’ compensation claim with L&I.
Failing to act within this timeframe may result in losing your right to sue, even if your L&I claim was approved.
How Third-Party Claims and L&I Interact
One of the more complicated aspects of construction site injury claims in Washington is how the L&I benefits and third-party lawsuits overlap. If you file a third-party claim, you must notify L&I, and the agency may assert a lien to recover the benefits it paid out.
Here’s how it typically works:
- You file a third-party claim.
- L&I is reimbursed from any settlement or judgment for what they already paid.
- You receive the remaining amount—often significantly more than workers’ comp alone.
This process is called subrogation. While it may reduce your final award, it still often results in a higher net recovery than relying on L&I alone.
You’ll also need to complete a Third Party Election Form from L&I. This form gives you the option to pursue the claim yourself or allow L&I to take legal action on your behalf. Most injured workers prefer to retain their own attorney to ensure they have control over their case.
Construction Site Risks That Often Lead to Third-Party Claims
At the Law Office of J.D. Smith, PLLC, we have extensive experience handling complex construction injury cases. Some of the most common scenarios that may involve third-party liability include:
Defective Equipment
Faulty ladders, malfunctioning nail guns, or defective harnesses can cause devastating injuries. If a product was poorly designed or manufactured, a product liability claim may be appropriate.
Negligent Subcontractors
Construction sites typically involve multiple companies working together. If another contractor’s crew fails to follow safety protocols and causes an accident, they may be held responsible.
Dangerous Property Conditions
If the jobsite is poorly maintained, and a property owner or general contractor knew (or should have known) about hazards but failed to fix them, this may support a premises liability claim.
Vehicle-Related Incidents
Dump trucks, cranes, forklifts, or delivery vans are commonly present on construction sites. If you're hit by a negligent driver who doesn’t work for your company, you may have a strong third-party claim.
Why Construction Workers in Seattle Should Consider Legal Representation
While workers’ compensation provides fast relief for injured workers, it often falls short of covering the full scope of damages. Third-party claims offer a vital path to more complete justice—but they’re legally complex and require strategic coordination with L&I.
Working with a firm likeLaw Office of J.D. Smith, PLLC ensures that:
- Your third-party claim is filed properly and on time.
- All responsible parties are identified and pursued.
- L&I’s lien is handled in a way that maximizes your final compensation.
- You’re not pressured into accepting low settlements that fail to cover your future needs.
J.D. Smith is a former insurance defense lawyer who now advocates for injury victims across Seattle. His experience defending corporations gives him deep insight into how insurers evaluate and fight claims—making him a powerful ally for injured construction workers.
Final Thoughts
If you were hurt on a construction site in Seattle, don’t assume L&I is your only option. You could be missing out on substantial compensation for pain, suffering, and future losses. Third-party claims require legal skill, experience, and a deep understanding of personal injury law.
That’s where the Law Office of J.D. Smith, PLLC comes in. With a sharp focus on construction site injuries and auto-related accidents, our firm understands how to navigate the complex intersection of third-party liability and workers’ comp.
Contact us today at (206) 537-0106 for a free consultation. Let us help you take back control of your recovery and your future.
Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.
