Injured by a Third Party?

Injured by a third party.
	Workers in Washington cannot sue their employer or co-workers for injuries caused by a workplace injury or occupational disease. However, if it was caused by a defective product, a defective machine or someone who is not a co-worker, the law requires that this "third party" be asked to pay for the injured worker's medical treatment and other claim expenses.
Questions workers have: What are some examples of a third party? The driver of the car that hit the worker (not an employee of the worker's company). The manufacturer of a defective product that injured the worker. A property owner who failed to properly maintain a safe workplace. A injury that was not the employer, employee, or co-worker's fault. (Example: Another contractor on the job site whose negligence caused the worker's injury.) The owner of an animal that bit a worker. How do I take legal action against a third party? If your doctor noted that your injury may have been caused by a "third party", L&I will automatically send you a "Third Party Election Form." Follow the instructions you receive. Who receives money collected from a third party action? The attorney is paid reasonable fees and costs. The injured worker receives 25 percent of the net recovery. L&I is then reimbursed for benefits paid, less its proportionate share of fees and costs. Any remaining balance is paid to the worker. The amount of this remaining balance, less the department's proportionate share of fees and costs, is subject to offset against any future benefit entitlement under the claim.
Did you know? Read the Injury by a Third Party? pamphlet (F249-008-000) for more detailed information about third party claims. Get Help Downloading Files (files open in a new window).

Labor & Industries (L&I), Washington State

Workers' Comp Claims

Injured by a Third Party?