Should I File Workers' Comp vs. Personal Injury in Washington?

Most people know that you file for workers' compensation benefits if you get hurt on the job. Workers’ comp will make sure your medical bills are paid, and you’ll get wage benefits while you’re off work and healing. But many people may not know that, depending on the facts of your case, you might be able to file a personal injury lawsuit along with your workers’ comp claim. The benefit of doing this is potentially receiving much more money for your injuries.

This article will discuss the differences between workers’ compensation and personal injury claims in Washington State so you can understand the benefits of filing both, if possible.

Workers’ Comp vs Personal Injury: What’s the Difference?

First, what is the difference between workers’ compensation and personal injury?

Workers’ Compensation Claims

Workers' compensation operates on a no-fault system. Employees can file a claim without having to prove that their employer or coworkers were negligent. The primary requirement is that the injury occurred during employment and was connected to the work performed.

• Designed for most workplace injuries.
• You don’t have to prove anyone was at fault.
• Covers medical expenses, lost wages, and disability benefits.
• Managed by Washington’s no-fault system, through the Department of Labor & Industries (L&I) or a workers' compensation insurance carrier.
• You generally can’t sue your employer.

Personal Injury Claims

In contrast to workers' compensation, personal injury claims require the injured party to establish another party's negligence or fault. This means showing that a duty of care was breached, directly causing the injury (for example, if the injury was caused by unsafe conditions on a property where a delivery driver stopped, such as a slip and fall on a wet floor without proper signage).

• You must prove someone else was at fault.
• Can be filed after a workplace accident if a third party caused the injury.
• Allows you to recover non-economic damages like pain and suffering, emotional distress, or future lost wages.
• Settlements can be much higher, depending on the case.
• Filed through civil court, not L&I.

So, through workers’ comp, you can get medical care, lost income, and maybe permanent disability benefits. A personal injury lawsuit, on the other hand, lets you pursue broader damages, but only when someone else’s negligence caused your injury.

Can You Sue Your Employer for Personal Injury?

Washington (like most states) follows the "exclusive remedy rule", which means that if your employer provides workers’ compensation insurance, you cannot sue them for a workplace injury — even if they were negligent. This is the tradeoff: you don’t have to prove fault to get benefits (even if you were negligent and caused your injury), but you also give up the right to sue your employer directly for damages like pain and suffering.

When Can a Worker Sue an Employer for an Injury?

Some workers aren’t covered by standard workers’ compensation laws and can sue their employers directly. Two notable examples are crew members of vessels and interstate railroad workers, who are covered under different federal laws.

Crew members on any type of vessel are covered under the Jones Act, not state workers' comp. This federal law lets them sue their employer for negligence if they're injured on the job — and recover damages like medical expenses, lost wages, and pain and suffering.

Similarly, interstate railroad workers are not covered by state workers’ comp systems. They fall under the Federal Employers Liability Act (FELA), which also permits lawsuits against employers for job-related injuries. Unlike the no-fault system of workers’ comp, FELA requires the injured worker to prove that the employer — in this case, the railroad — was at least partially negligent in causing the injury.

When Workers’ Comp Applies in Washington

In most cases, if you’re an injured employee, you’ll file a workers comp claim with your employer’s insurance. Washington law requires almost all employers to provide workers' compensation insurance, and the system is set up to handle everything from slips and falls to repetitive stress injuries.

Workers’ comp usually covers:

• Immediate medical treatment
• Ongoing care and rehabilitation
• Lost wages (partial)
• Permanent impairment or disability benefits
• Death benefits for families in fatal cases

You can receive workers' compensation benefits even if the injury was your own fault — that’s the tradeoff for giving up the right to sue your employer.

However, not every person in the workforce is covered. Generally, to be eligible for workers' compensation, you must be classified as an employee. In Washington, certain types of independent contractors, freelancers, and volunteers do not qualify. Some 1099 workers qualify, however, depending on the nature of their work.

When Should a Personal Injury Claim Be Filed?

If someone other than your employer caused your workplace injury, you may have the right to file a personal injury lawsuit. This is often called a third-party claim — and it can significantly increase the amount of compensation you receive.

Examples of third-party liability include:

• A driver hits you while you're on a work-related errand.
• You’re injured on a construction site due to another contractor’s actions.
• A defective tool or machine causes injury (you might sue the manufacturer of the machine).
• You work for a temp service and you are injured while on a contract job.
• You are bitten by a dog while making a delivery.

These cases let you recover:

• Full lost wages
• Future medical expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Punitive damages (in rare cases)

Compensation from a personal injury lawsuit has the potential to be much higher than that for a workers' compensation claim.

Can You File Both a Workers’ Comp and a Personal Injury Claim?

Yes — in some cases, you can file a workers’ comp claim and a personal injury lawsuit at the same time. For example, if a third party caused your work-related injury, you can collect workers' comp benefits through your employer’s insurance and pursue a separate personal injury claim against the at-fault party.

Just know that L&I (your employer’s insurer) may seek reimbursement from your personal injury settlement if they’ve already paid for your medical care. This is called subrogation, and it’s something a workplace injury lawyer can help you navigate.

Deadlines for Workers’ Comp and Personal Injury Claims in WA

First, you must notify your employer of the injury as soon as possible. Failing to notify them could jeopardize your benefits.

After notifying your employer, you have one year to file a formal workers' compensation claim. This deadline starts from the date of the injury.

Personal injury claims generally allow a longer period to initiate legal action. In Washington, you have three years from the date of the injury to file a lawsuit. This time limit applies to most types of personal injury cases, including auto accidents, slip and falls, and defective products.

Making the Right Move After a Workplace Injury

Deciding between filing a workers' compensation claim or a personal injury lawsuit depends on the specifics of your situation, including the nature of your injury and how it occurred.

If you’ve suffered a workplace injury and you’re unsure what path to take, contact Lehmbecker Law today. Our Seattle personal injury attorneys have decades of experience and are ready to help you determine the best course of action and fight for the justice and compensation you are entitled to.