Construction Site Injuries in Washington
Whether an injured construction worker in Washington can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Washington's industrial insurance law abolished civil lawsuits by injured workers against employers, replacing them with no-fault benefits 'to the exclusion of every other remedy' except as the law provides. Rev. Code Wash. §§ 51.04.010, 51.24.020, 51.24.030(1)
| Construction site injuries | Washington's industrial insurance law abolished civil lawsuits by injured workers against employers, replacing them with no-fault benefits 'to the exclusion of every other remedy' except as the law provides. The exceptions in the statute are an injury caused by the employer's deliberate intention to injure, and claims against a third person not in the worker's same employ (such as another contractor or equipment maker). |
|---|---|
| Fault rule (comparative negligence) | Pure comparative fault. An injured person's own fault reduces their damages proportionately but does not bar recovery, no matter how large their share of fault. Source: Rev. Code Wash. § 4.22.005 |
| Deadline to sue for an injury | Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes. Source: Rev. Code Wash. § 4.16.080(2) |
More Washington personal injury & wrongful death
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FAQ
Can you sue for a construction accident in Washington?
Washington's industrial insurance law abolished civil lawsuits by injured workers against employers, replacing them with no-fault benefits 'to the exclusion of every other remedy' except as the law provides. The exceptions in the statute are an injury caused by the employer's deliberate intention to injure, and claims against a third person not in the worker's same employ (such as another contractor or equipment maker).
Can you recover damages if you were partly at fault in Washington?
Pure comparative fault. An injured person's own fault reduces their damages proportionately but does not bar recovery, no matter how large their share of fault.
What is the statute of limitations for personal injury in Washington?
Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.