Can I Sue My Employer for Negligence in Washington State?

Employers in Washington State owe a duty of care toward their employees to provide safe working conditions and the right safety equipment to prevent injury. If you have been hurt on the job, you may wonder, “Can I sue my employer for unsafe working conditions?” The answer is it depends on your situation.

Workers’ compensation insurance is intended to prevent injured employees from suing employers for negligence. It provides medical treatment and wage loss for work-related illness and injury and usually precludes a lawsuit. Under some circumstances, though, an employer may be liable for a work-related injury. Our Seattle workers’ compensation injury attorneys will explain further.

Workers Compensation Coverage or Employer Liability — the Differences You Should Know

Washington workers' compensation law covers many situations where an employer’s workers' compensation policy should cover workplace injuries. Usually, these are genuine accidents or medical conditions that can be directly attributed to your job duties, like respiratory problems from toxic exposure or repetitive motion injuries like carpal tunnel syndrome.

Filing a workers' compensation claim for your injury doesn’t necessarily mean the employer is directly liable for your injuries. And an employer approving your workers’ compensation claim isn’t the same as admitting liability for the injury.

Workers' compensation benefits cover treatment associated with your workplace injury, like:

• Emergency medical treatment and aftercare, like physical therapy.
• 2/3 of lost wages from time missed at work.
• Cost of traveling to and from medical appointments.

The workers' compensation system doesn’t cover injuries that occurred because of specific causes, though, including those that happened because:

• You were under the influence of alcohol or drugs.
• It was a self-inflicted, intentional injury.
• The injury occurred during your commute to or from work.

You don’t need to prove the employer was negligent to receive worker’s comp benefits — just that you were injured while doing your job. You also get workers’ comp benefits even if you were negligent or careless in performing your job duties.

Situations Where You Can Sue Your Employer for Injuries

Aside from a few specific situations, Washington workers' compensation laws preclude a workplace negligence lawsuit. So, what can you sue your employer for?

Situations include:

• Not having workers' compensation insurance if they are required to by law.
• Intentional actions on the part of the employer caused your injuries.
• You have a non-L&I claim.

A negligent act isn’t the same as an intentional act. An intentional act is hard to prove.

Your lawyer must demonstrate that the employer knew you would be hurt by performing the action that led to your injury but asked you to do it anyway.

Can You Sue Your Employer for Emotional Distress?

Injuries at work don’t necessarily have to be physical. In Washington State, workers' compensation benefits can cover emotional distress or PTSD if it results from a single traumatic work-related event but not if it's caused by cumulative stress or is considered an occupational disease.

Can I Sue a Third Party for a Workplace Injury in Washington State?

A workplace negligence lawsuit might be your only option if you were injured by a third party not covered under workers' compensation insurance. A third-party claim is one in which the at-fault party isn’t your employer or co-worker but one that is related to your job.

For example:

• You drive for work and are hit by another car — the other driver may have been negligent and is, therefore, liable for your injuries.
• You were operating fundamentally defective machinery and were injured — the equipment manufacturer or designer may be the at-fault party.

Proving negligence in a third-party claim follows the same process as the four-step burden of proof. If you file a workers' compensation claim after being injured due to negligence by a third party, you may not receive benefits from your employer’s policy. Instead, you may file a suit against the third party to receive compensation for your medical treatment and other losses, like missed wages at work.

How Lehmbecker Law Firm Can Help You File a Negligence Claim

Have you been injured at work because of employer or a third-party’s negligence? Regardless of who is responsible for your injuries from an accident at work, our Washington State negligence lawyers can help you secure the compensation you deserve. At Lehmbecker Law, we fight to hold negligent and irresponsible companies and third parties responsible for their behavior, standing up for the rights of injured workers just like you. Contact us today for a free consultation with our professional legal team.