Washington Construction Injury Law
In Washington, under the Washington Industrial Safety Act (WISHA), the general contractor on any work site has a nondelegable duty to enforce all safety regulations for all employees on site, not just the employees of the general contractor. This duty runs from all upper tier subcontractors to all lower tier subcontractors which the sub may hire on the job site. This nondelegable duty to enforce all safety regulations on all work sites applies not just to general contractors but to owners, developers and those with supervisory authority in the work place. All employers are obligated to provide a reasonably safe work place for its employees and those with whom it contracts with to furnish labor and materials for it.
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 may also have a viable “third party claim” to recover damages against the contractor, subcontractor or any other independent trade which was negligent. This would be a claim against any negligent company or an employee of another company 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 and arguably claim that the employer or its employee failed to enforce or follow certain WISHA or OSHA regulations.
Remember, an injured worker may not bring a third party claim against his or her own employer. An employer is immune from suit under Title 51. However, it is very important to understand that an injured worker may recover general damages on a third party claim in addition to a recovery of his or her full worker’s compensation first party benefits.
The election of a third party claim will not compromise or affect your right to receive complete workers’ compensation benefits. It would be foolish not to hire an attorney to pursue a third party claim for you, as the State of Washington will not zealously pursue a third party claim. Its concern is merely the recovery of its worker’s compensation benefits and not the general damages to which you are entitled. This includes recovery of your pain and suffering, disability, loss of earning capacity, and future permanent problems. 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 personal injury lawyer.
If you have been injured on the job in or around Renton, Washington feel free to contact us for a free and confidential consultation. Our Renton Injury Attorneys have over 100 combined years of experience dealing with personal injury lawsuits!