What To Do In The Case Of A Construction Site Or
An On-The-Job Injury
Often workers are injured on the job or on a construction site by reason
of no fault of their own. Usually there may be many trades on a construction
site. One trade or even the general contractor may accidentally cause another
worker from a different trade to be seriously injured. In Washington, the
general contractor of all work sites and/or an owner developer have a non-delegable
duty to provide a reasonably safe work place and to enforce specific WISHA
regulations. (Washington Industrial Safety and Health Act)
If a worker is injured in the work place, he may file a worker's compensation
claim. An injured worker not only has a right to file a worker's compensation,
e.g. a Labor and Industries claim, but he may also have a viable "third
party claim" to recover damages against the negligent contractor, subcontractor
or independent trade. This would be a claim against a negligent company
or its employee on a job site which caused the worker's injury. The injured
worker may file a third party claim against the employer of the negligent
worker. Remember, an injured worker may not bring a third party claim against
his or her own employer.
However, it is very important to understand that an injured worker may recover
general damages on a third party claim on top and in addition to a recovery
of his or her full worker's compensation benefits. The election of a third
party claim will not compromise or affect your right to receive complete
L & I, or workers' compensation benefits. It would simply be foolish not to
hire an attorney to pursue a third party claim for you. Typically, the State
of Washington will not zealously pursue a third party claim for you as its
concern is merely the recovery of its worker's compensation benefits and
not the general damages for you, the injured worker, which could include
pain and suffering, disability, loss of earning capacity, and future and permanent
problems. The State is not cut out or set up to recover these types of third party damages
for workers. For this reason, it is so important that you elect not to assign
your third party recovery to the State, and that you elect to pursue it on your own with the assistance of an experienced lawyer.
REMEMBER, a worker who elects to bring a third party claim does not give
up his right to workers compensation benefits for wage loss, medical expenses,
vocational retraining, and whatever other benefits are provided. It behooves
all workers who are injured by reason of the fault of another, other than
a fellow employee, to bring a third party claim. This allows an injured
worker to recover general damages for your pain and suffering, inconvenience,
loss of opportunity to enjoy life, loss of and including the companionship
of family members, loss of services, emotional and psychological distress,
death, disability, permanent injuries, dismemberment, and other damages.
L&I will not fully compensate you for these damages, which often are the major and most substantial
portion of any injury claim.
There is a time limit by which you must file a worker's compensation claim
and a different statute of limitations governing the filing of a third party
claim.
If you were injured by the negligence of another while on the job, consult
the Law Offices of Robert Kornfeld to determine if you have a viable third
party claim.
  
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