How Does Workers’ Compensation Impact Your Personal Injury Claim?

If you were hurt on the job in Washington, you might be receiving workers’ compensation benefits. But can you also file a personal injury claim? It’s a common question with an important answer. In Washington State, workers’ compensation is generally the exclusive remedy for injured employees against their employer – meaning you usually cannot sue your employer for negligence. However, that doesn’t mean you’re always limited to workers’ comp alone. This article explains how workers’ compensation can affect your personal injury claim and what exceptions might allow you to pursue additional compensation.

If someone other than your employer or co-worker caused your work-related injury, you may have a third-party claim in addition to workers’ comp.

Understanding Workers’ Compensation vs. Personal Injury Claims

Workers’ compensation is a no-fault insurance system that covers medical bills and a portion of lost wages for employees injured in the course of employment. You don’t have to prove your employer was negligent to get these benefits, but in exchange, you give up the right to sue your employer for most injuries. On the other hand, a personal injury claim is a fault-based claim seeking full damages (including pain and suffering) from a negligent party. Typically, you cannot file a personal injury lawsuit against your own employer for a work injury in Washington – the Industrial Insurance Act makes workers’ comp your sole remedy in that case. However, if someone other than your employer or co-worker caused your work-related injury, you may have a third-party claim in addition to workers’ comp.

Example: If you’re a delivery driver and another motorist’s recklessness causes a crash that injures you on the job, you can receive workers’ comp and file a personal injury claim against the at-fault driver. The claim against the driver (the third party) is separate from your workers’ comp claim. Washington law allows injured workers to pursue these third-party claims to recover damages not covered by workers’ comp, like pain and suffering or the full extent of lost wages.

How a Workers’ Comp Claim Interacts with a Third-Party Lawsuit

Workers’ comp does not pay for non-economic damages like pain, suffering, or loss of enjoyment of life, and it only covers a percentage of lost wages.

When you pursue a personal injury lawsuit against a third party, your workers’ comp insurer (the Department of Labor & Industries or self-insured employer) will likely assert a lien on any recovery. This means a portion of what you win from the third party may have to reimburse the workers’ comp system for benefits paid. While this might sound frustrating, remember that a personal injury claim can provide additional compensation beyond what workers’ comp offers. Workers’ comp does not pay for non-economic damages like pain, suffering, or loss of enjoyment of life, and it only covers a percentage of lost wages. A successful personal injury claim can make up these differences. Your attorney will navigate the lien issues to maximize your net recovery.

Exclusive Remedy and Its Exceptions

Washington’s workers’ comp is an exclusive remedy, but there are limited exceptions where you could sue your employer. One rare exception is if the employer intentionally injured the worker (a very high bar to prove). Another example is if a product or machine caused your injury – you might sue the product manufacturer (third party) even though the injury happened at work. It’s crucial to have a lawyer evaluate the circumstances to identify all possible avenues of compensation.

Focus on Healing – Let Professionals Handle the Rest

We handle the heavy lifting of dealing with insurance adjusters, L&I paperwork, and legal filings, so you can focus on your recovery.

Dealing with an on-the-job injury is stressful. You may be juggling doctor appointments, physical therapy, and worries about bills. Workers’ comp helps with immediate medical bills and some wage loss, but it might not cover everything. An experienced personal injury attorney can handle communication between the workers’ comp insurance and the third-party claim, ensuring that all paperwork, deadlines, and legal requirements are met for both processes. They can also negotiate any reimbursement to workers’ comp to potentially reduce the lien, putting more in your pocket.

Trust Church, Page & Gailan for Your Work Injury Claim

Church, Page & Gailan is uniquely equipped to manage cases involving both workers’ compensation and personal injury claims. Our legal team in Washington has deep knowledge of the state’s workers’ comp laws and extensive experience pursuing third-party lawsuits for injured workers. We understand the complex interplay between these claims and will fight to maximize your total compensation. At Church, Page & Gailan, you are not just another case number – you’re a valued client. We handle the heavy lifting of dealing with insurance adjusters, L&I paperwork, and legal filings, so you can focus on your recovery.

Call to Action: Suffering a workplace injury caused by someone else’s negligence? Contact Church, Page & Gailan PLLC today for a free consultation. We’ll review your situation, explain your rights, and help you pursue all the compensation you deserve – from workers’ comp benefits to third-party damages. Don’t settle for less than full justice: call us at (509) 638-1414 and let us champion your rights.