Washington Construction Accident Attorneys

Construction work consistently ranks among the top 10 most dangerous professions in the nation. It’s not hard to see why. Falling objects, exposed wiring, heavy machinery, and other common hazards around construction sites can easily cause catastrophic injuries or death. Although no-fault workers' compensation systems like the one in Washington State have many advantages, they often fall short of meeting injured workers’ needs. If someone other than your employers caused your workplace injury, state law entitles you to recover excess damages from that third party.

A qualified Washington construction accident lawyer can help you decide if you have a case, coordinate with state officials, and push for the maximum settlement. Call Freeman Law Firm, Inc. at (253) 383-4500 for a free consultation.

You Can Take Legal Action if a Third Party is at Fault

Washington handles workers’ compensation through a no-fault system. A worker injured on the job does not need to establish that their employer was at fault to file a claim with the Washington State Department of Labor & Industries (L&I) and receive benefits.

At the same time, workers generally cannot sue their employers for workplace accidents except in rare cases where an employer assaults or intentionally injures their employees. However, state laws allow people to recover damages from third parties who caused or contributed to their accidents. Some examples of third parties who may be liable:

General contractors: If you work for a subcontractor, you may file a lawsuit against the general contractor in control of the construction site if they failed to maintain a safe working environment or enforce Washington Industrial Safety and Health Act (WISHA) regulations among their subcontractors.
Property owners: Under the doctrine of “premises liability,” the owner of the property undergoing construction has a duty to keep it free of hazards and may be liable if they do not meet this obligation.
Materials suppliers: Companies that provide construction materials are responsible for their safe delivery and disposal. They can be sued for any mishandled or unsecured materials that cause harm.
Other subcontractors: Job sites frequently involve workers from multiple companies. Negligence on the part of another subcontractor’s employees can be grounds for a lawsuit.
Equipment manufacturers: The companies that produce or maintain construction equipment may be at fault if the equipment malfunctions because of a design flaw or manufacturing defect.
Rental companies: Construction companies frequently rent heavy machinery, like bulldozers, loaders, and telehandlers and poor maintenance can cause catastrophic on-the-job accidents.

An experienced Washington State construction accident attorney can help you gather the necessary evidence to demonstrate who is at fault and prove it in court.

Receive L&I Benefits While Pursuing Your Case

Lawsuits take a long time to settle. Fortunately, you don’t need to forgo receiving L&I benefits while you pursue your case against third parties. Washington law allows you to file a workers’ compensation claim and receive payments for lost wages and medical bills while you are in litigation. L&I will place a lien on any future recovery, and the cost of benefits provided will be deducted from the final amount.

Here are the steps you should take so that you aren’t forced to shoulder the burden of medical bills or miss out on essential treatment while you’re recovering from a construction injury:

File a Report of Accident with the Washington Department of Labor & Industries.
Submit a Third-Party Election Form.
Periodically update L&I about the progress of your litigation.
Seek approval from L&I if the settlement amount is less than the benefits paid.

A Washington personal injury attorney specializing in construction claims can walk you through the process of filing a workers compensation claim, coordinate with L&I personnel to make sure that benefits are distributed in a timely fashion, and maintain compliance with applicable laws so that settlement funds are released quickly.

Evidence Needed to Prove Negligence in Court

It’s important to begin building a case against the party responsible on the day you were hurt. Evidence can be lost by accident or willfully destroyed to hide negligence or misconduct, so you have to act quickly to preserve it.

The following kinds of evidence help prove your construction accident claim:

Medical documentation: Medical documentation: Treating provider records establish diagnosis, causation, and work restrictions for the L&I claim. L&I or a self-insured employer may later request an Independent Medical Exam to address disputed issues or impairment rating; it isn’t required to file a claim.
Corporate records: General contractors have contracts that demonstrate their control over the job site and how responsibilities are delegated among subcontractors. Businesses will often conduct a job hazard analysis outlining potential risks and how they are mitigated. They may also keep records of safety trainings as well as measures taken to comply with state and federal regulations.
Heavy equipment telematics: Most heavy machinery in use on construction sites collects detailed data on the operator’s behavior and the positioning of the equipment that can be used to forensically reconstruct an
Maintenance logs: Inadequate maintenance can lead to injuries caused by equipment failure. Logs can demonstrate that the owner or provider of equipment failed to properly maintain it.
Public information: Inspections by federal and state authorities can identify past noncompliance with safety regulations. Court records from previous safety lawsuits against a third party might also demonstrate a pattern of wanton disregard for worker safety.
Photos and videos: Photographs of your injury and the area surrounding the accident can be used to establish negligence. Construction sites are frequently equipped with surveillance cameras to deter theft or monitor employees,
Designs and site plans: Architects and designers can make mistakes in the design phase that cause accidents. For example, workers might be instructed to dig into a live power line based on faulty designs. The blueprints can document this.

Construction accident attorneys play an important role in preserving evidence. Videos might be erased and documents could be shredded in the normal course of business. A lawyer can identify critical evidence and send a letter demanding the company retain it under the threat of court sanctions.

Hiring an Attorney Vs. Letting L&I Take Over

If you have a third-party claim, you can choose to allow L&I to pursue damages on your behalf. This is your easiest option, and it may be your best if your injuries are minor, and you’re unlikely to recover a large amount.

On the other hand, the state is incentivized to resolve cases quickly. L&I may not pursue the maximum amount allowed under the law for pain and suffering, lost wages, and medical bills. Consider hiring an attorney if you’ve experienced workplace injuries that are so painful and debilitating that your compensatory damages will likely exceed the benefits L&I offers. A construction accident attorney can help you estimate your recovery and make an informed decision.

Important Deadlines

Don’t delay when seeking compensation from L&I or filing a lawsuit against third parties. The window to act is relatively generous, but it’s not unlimited.

One year to file an L&I claim for an industrial injury.
Two years from written notice by a physician or ARNP to file an L&I claim for an occupational disease.
Three-year statute of limitations to begin litigation against a third party.

Protect Your Washington Construction Case Now

If you or someone you know has been seriously injured in a construction accident in Washington State, our personal injury attorneys can help you recover the maximum amount you’re entitled to by law. We coordinate with L&I to secure access to benefits while you pursue damages and avoid losses if settlements don’t cover the benefit costs.

With compassion and empathy for our clients, our attorneys act quickly to prevent evidence destruction. We utilize a team of investigators and expert witnesses to hold negligent parties accountable. Call Freeman Law Firm, Inc. at (253) 383-4500 for a free case review.