Suing Over a Work Injury in Washington
When Washington law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Generally no. Washington's industrial insurance law withdrew workplace injuries from private lawsuits and abolished civil actions and court jurisdiction over them, providing workers' comp benefits to the exclusion of every other remedy except as the law provides. Rev. Code Wash. §§ 51.04.010, 51.24.020
| Suing your employer | Generally no. Washington's industrial insurance law withdrew workplace injuries from private lawsuits and abolished civil actions and court jurisdiction over them, providing workers' comp benefits to the exclusion of every other remedy except as the law provides. If the injury results from the employer's deliberate intention to produce the injury, the worker may take benefits and also sue the employer for damages beyond the benefits paid or payable. |
|---|---|
| Suing someone other than your employer | Yes. If a third person not in the worker's same employ is liable for the injury, the worker may choose to sue that person, and must give notice to the Department of Labor and Industries or the self-insured employer when the action is filed; the department or self-insurer may intervene to protect its statutory interest. From any recovery, costs and attorney fees are shared proportionately, the worker receives 25 percent of the balance (or less if agreed in a settlement), and the department or self-insurer is reimbursed from the remainder to the extent of benefits paid. |
| If your employer has no workers' comp | An employer whose worker is injured before the employer has secured payment of workers' comp may be liable for a penalty of 50 to 100 percent of the cost of the injury, and an employer that failed to secure coverage may also be liable for a penalty of $1,000 or double the premiums owed for the uncovered period, whichever is greater. A separate section (RCW 51.48.022) covers stop-work orders for failure to secure coverage. Only the heading of RCW 51.48.022 was read. How benefits are paid to a worker of a non-complying employer was not confirmed from the statutes read. |
Where to get help in Washington
More Washington workers' compensation
- Filing a Workers' Comp Claim in Washington
- How Much Workers' Comp Pays in Washington
- Workers' Comp Settlements in Washington
- Retaliation for Filing Workers' Comp in Washington
- Appealing a Denied Workers' Comp Claim in Washington
- All Washington workers' compensation rules
FAQ
Can you sue your employer for a work injury in Washington?
Generally no. Washington's industrial insurance law withdrew workplace injuries from private lawsuits and abolished civil actions and court jurisdiction over them, providing workers' comp benefits to the exclusion of every other remedy except as the law provides. If the injury results from the employer's deliberate intention to produce the injury, the worker may take benefits and also sue the employer for damages beyond the benefits paid or payable.
Can you sue a third party for a work injury in Washington?
Yes. If a third person not in the worker's same employ is liable for the injury, the worker may choose to sue that person, and must give notice to the Department of Labor and Industries or the self-insured employer when the action is filed; the department or self-insurer may intervene to protect its statutory interest. From any recovery, costs and attorney fees are shared proportionately, the worker receives 25 percent of the balance (or less if agreed in a settlement), and the department or self-insurer is reimbursed from the remainder to the extent of benefits paid.
What if my employer doesn't have workers' comp insurance in Washington?
An employer whose worker is injured before the employer has secured payment of workers' comp may be liable for a penalty of 50 to 100 percent of the cost of the injury, and an employer that failed to secure coverage may also be liable for a penalty of $1,000 or double the premiums owed for the uncovered period, whichever is greater. A separate section (RCW 51.48.022) covers stop-work orders for failure to secure coverage.
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.