What Legal Rights Do I Have After a Construction Accident?
There are many risks when working on a construction site. Uneven ground, vehicles driving in and out of the lot, and multiple teams performing multiple tasks that may not have communicated with each other are just a few of the daily obstacles construction workers face.
If you’ve been involved in a construction site accident in Washington State, you probably have loads of questions. Knowing what legal rights you have and what steps are necessary to take to receive proper compensation can quickly become overwhelming.
In this article, we’ll discuss all you need to know about your legal rights if you’ve been injured on a construction site.
Is My Employer Liable for My Injury?
You would think the answer to this valid question would be a resounding yes; however, it’s quite the opposite. It would seem as if a construction site employer is responsible for their workers’ safety, and, to a degree, this is true. However, from a legal standpoint, they aren’t legally liable if one of their employees has a workplace accident.
In the State of Washington, workers hurt on the job are forbidden to file a personal injury lawsuit against their employers. There is, however, one exception. Washington State Law RCW 51.24.20 states that an employee can file a personal injury lawsuit against an employer if the employee was harmed by the deliberate intention of their employer.
What Should I Do If I’ve Had a Construction Site Accident?
Since it’s highly unlikely that your employer deliberately caused your workplace injury, the first thing you should do is consult with a Washington construction accident lawyer. It can be difficult to jump through all of the necessary hurdles and hoops required to be properly compensated. Working with an attorney who has experience with Washington State workplace injury laws will lessen your headaches and allow you the peace of mind required to heal your injuries.
Workers’ Compensation Claim
The first step is to file a Workers’ Compensation Claim. Any employee in the State of Washington who’s been injured on the job has the right to file a Worker’s Compensation claim. To do so, the injured party will need to contact the Washington State Department of Labor & Industries and fill out the appropriate forms. You have the right to file for a Worker’s Compensation claim even if you intend to take further legal action.
File a Third-Party Claim
Just because you can directly sue your employer for a construction site accident doesn’t mean you don’t have other legal options. With the guidance of your lawyer, you can file a personal injury suit against a third party.
Washington State law allows for those injured at a workplace job site to file a claim against other parties who were present on the work site and were responsible for your accident and injury. This includes contractors, subcontractors, and their employees.
You’ll have two options to hold the negligent party liable for your accident.
- The Department of Labor & Industries can file a claim on your behalf
- Hire a construction accident lawyer
The obvious choice is to hire a lawyer with construction accident experience. Although allowing the Department of Labor & Industries to file on your behalf may seem like the easier path, they will not be working for you with the same passion as a personal attorney.
Who Can I File a Third-Party Negligence Claim Against?
There are usually several subcontractors working at the same time on construction worksites. If any of them were negligent and were a direct cause of your accident, your lawyer can file a suit against them. Possible responsible parties include:
- HVAC
- Roofers
- Electricians
- Carpenters
- Plumbers
- Material suppliers
- The property owner
- Heavy machinery operators
To be successful with a third-party negligence claim, evidence is of the utmost importance. It’s your lawyer’s responsibility to prove fault. Having photos of the job site that prove negligence, statements from witnesses and job site inspectors, and other valuable information that your lawyer can help you gather will help to prove your claim.
Leave the Details to an Experienced Construction Accident Lawyer
If you’ve been injured due to the negligence of others while working on a construction site, your number one priority is to heal. Working with a professional attorney who has knowledge of Washington State laws regarding workplace accidents and workers’ compensation settlements is the best way to be fairly compensated for your accident.
