Do I Have a Personal Injury Claim if I'm Injured at Work?

Workplace injuries can be both physically and emotionally challenging. If you find yourself injured on the job, you might wonder whether you have a personal injury claim. Understanding your rights and the legal options available is crucial, as this knowledge can empower you to navigate this complex situation confidently.

Workers' Compensation vs. Personal Injury Claims

When you're injured at work, the first line of recourse is typically through workers' compensation. Workers' compensation is a no-fault system designed to provide benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical expenses, lost wages, and vocational rehabilitation. However, there are certain situations where you might have grounds for a personal injury claim instead of, or in addition to, a workers' compensation claim.

When Can You File a Personal Injury Claim?

1. Third-Party Negligence: If your injury was caused by the negligence of a third party (someone other than your employer or a co-worker), you might have a personal injury claim. For example, if a defective piece of equipment injured you, you may be able to sue the manufacturer, or if you are hit by a third-party driver while on the job, you could sue the driver.

2. Intentional Harm: If your employer or a co-worker intentionally caused your injury, you may be able to file a personal injury lawsuit. Workers' compensation typically does not cover intentional acts of harm.

3. You Aren’t Covered by Worker’s Compensation: Though most employers are required to carry workers’ compensation coverage for their employees in Washington State, there are certain exceptions. For instance, employers are not required to obtain worker’s compensation insurance for independent contractors. If you are an independent contractor and neither you nor your employer have workers’ compensation insurance, then you may be able to pursue a personal injury claim against your employer for their negligence.

Steps to Take if Injured at Work

1. Seek Medical Attention: Get the necessary medical treatment for your injury. Keep detailed records of your medical visits and treatments.

2. Report the Injury: Notify your employer and report your injury by filing an L&I claim. In Washington State, you must file your workers’ compensation claim within one year of your injury or you will lose your right to pursue your claim. RCW 51.28.050. For an occupational disease in Washington State, you must file the Report of Industrial Injury or Occupational Disease within two years of receiving written notice from a physician or a licensed advanced registered nurse practitioner of the existence of the disease and that a claim for disability benefits may be filed. RCW 51.28.055. There are slightly different time limitations applicable to hearing loss claims. Since it may be confusing to determine whether you have a timely claim, you should get advice from an experienced workers’ compensation attorney as soon as possible.

3. Document Everything: Document the incident thoroughly, including photos, witness statements, and any communication with your employer.

4. Consult an Attorney: An experienced attorney can provide the support and guidance you need to navigate the complexities of workers' compensation and personal injury claims and can help you to understand your rights and determine the best course of action.