Washington Workplace Injury Attorney
A worker hurt on a job site in King County usually has two tracks running at once: a no-fault industrial insurance claim through the Department of Labor & Industries or a self-insured employer, and, in many cases, a separate lawsuit against someone other than the employer. Injury Law Group NW is a personal injury firm that represents people hurt by someone else’s negligence throughout King County, the Eastside, and the greater Seattle area, and the second track is where our work as a Washington workplace injury attorney begins.
The reason that second track matters is simple. Industrial insurance pays medical care and partial wage replacement, but it does not pay for pain and suffering, and it does not make up the full difference in lost earning power. Washington law allows an injured worker to pursue a claim against a negligent third party who was not in the worker’s same employ. On a busy construction site, in a warehouse, on a roadway, or at a client’s facility, that third party can be a general contractor, a property owner, a subcontractor from another company, an equipment manufacturer, or a driver who hit you on the clock.
Many workplace injuries never needed to happen. Falls from scaffolds and ladders, trench collapses, electrocutions, forklift and crane incidents, and crashes involving commercial vehicles all trace back to decisions someone made about safety. Our job is to find out who made them, whether workers’ compensation is the only remedy or merely the first one, and how much the full claim is truly worth.
Why Choose Injury Law Group NW for a Workplace Injury Claim
Injury Law Group NW is a Washington personal injury firm serving injured people and grieving families across King County, Issaquah, Bellevue, Seattle, Sammamish, Redmond, Kirkland, Kent, Renton, and the wider Puget Sound region. We handle construction accidents, truck and car crashes, premises injuries, traumatic brain injuries, medical malpractice, and wrongful death, and we work on a contingency fee basis, so there is no attorney fee unless we recover money for you. The first consultation is free and confidential, and if your injuries make travel hard, we will meet you at home or at the hospital.
What sets the firm apart is where our lawyers learned the work. Troy Hunter, Founding Partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, defending insurers and corporate clients against personal injury, wrongful death, and construction defect claims. Attorney David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov trying wrongful death, catastrophic injury, and product liability cases, and he teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Both are rated AV Preeminent by Martindale-Hubbell, David has been selected to the Super Lawyers list, and Troy also serves as a dispute mediator. Associate attorneys Warren Barreiro and Hannah Shergold complete the team, and our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court. The firm is a member of the Washington State Association for Justice.
In a third-party workplace case, that defense-side history is practical. The defendants are usually corporations with insurers and risk managers behind them, and they evaluate claims by looking at how well the injured person’s lawyer has documented fault, medical causation, and future losses. We know which records those evaluators look for and when they are preparing to settle versus preparing to fight. We prepare every claim as though it will be tried, because insurers pay more fairly when they believe the lawyer across the table will go to a jury. Our recoveries include more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep, a result that also led the hospital to change its procedures, along with mid-six-figure settlements for a family of five forced into the I-5 center barrier by a semi-truck and for an elderly woman struck by a transit bus in a Seattle crosswalk. Past results do not guarantee a future outcome.
Clients tell us what they notice most is communication: prompt responses, honest assessments, and attorneys who explain what is happening. Our case managers return calls and texts promptly, David Mordekhov is fluent in Russian, and Warren Barreiro speaks Spanish, which matters on job sites where workers may be more comfortable in another language.
Where Workplace Injury Claims Come From in King County
- Construction Site Falls: Falls from ladders, scaffolds, roofs, and unprotected edges are among the most serious injuries on Puget Sound job sites. Fall protection and scaffold erection are shared responsibilities among owners, general contractors, and subcontractors, and a worker employed by one company may have a third-party claim against another company whose crew or equipment created the hazard.
- Trench Collapses and Excavation Accidents: Utility and foundation work across the Eastside and Seattle puts crews in excavations where shoring failures can bury a worker in seconds. Responsibility often involves the excavation contractor, the site controller, and sometimes an equipment supplier.
- Electrocution and Electrical Contact: Contact with energized lines during building, roofing, and tree or utility work causes severe burns and cardiac injuries. These cases turn on who controlled the site, who marked or de-energized the hazard, and whether a different company’s equipment or work created the danger.
- Forklift, Crane, and Heavy Equipment Incidents: Warehouses, distribution centers, ports, and construction sites rely on powered equipment. Operator error, poor maintenance, missing safety devices, and defective design can each give rise to claims against parties other than your employer.
- Work-Related Vehicle Crashes: Delivery drivers, tradespeople, and field employees spend their days on I-90, I-405, I-5, and local arterials. If another driver caused the crash, you may pursue that driver and any responsible company in addition to your industrial insurance benefits, and commercial carriers add federal safety rules to the analysis.
- Defective Tools and Machinery: Saws, lifts, press equipment, harnesses, and similar products can fail and cause amputations, crush injuries, and falls. Washington’s product liability statute includes a useful safe life concept, and a twelve-year presumption can arise for older products, so the age and history of the equipment matter early.
- Injuries at Another Company’s Premises: Delivery workers, inspectors, cleaners, and contractors are regularly hurt on property controlled by someone other than their employer, including stores and apartment complexes. Wet floors, broken stairs, poor lighting, and unsecured merchandise can support a premises claim against the owner or manager.
- Traumatic Brain Injuries: Head injuries from falls, falling objects, and crashes may not show clearly on a scan, and symptoms can emerge over days or weeks. We push for prompt diagnosis and build medical and vocational evidence to show how the injury affects your capacity to work.
What to Do After You Are Hurt on the Job in Washington
Start with medical care and make sure the injury is documented the same day, even if it seems minor. Tell the treating provider that the injury happened at work, describe every symptom, and follow through with referrals. Gaps in treatment give both the industrial insurance system and any third-party insurer room to argue that your injury was not serious or was unrelated to the incident. Report the injury to your employer promptly, and ask for the claim to be filed with the Department of Labor & Industries, or with your employer’s insurance administrator if the company is self-insured.
Then preserve what a third-party claim will need. Photograph the area, the equipment, any missing guards or railings, and your visible injuries. Write down the names of coworkers and any other company’s crew who saw what happened, along with the names of the general contractor, property owner, and any subcontractors on site. Keep the clothing, harness, or tool involved if you can. Do not post about the incident online, and do not give a recorded statement to any insurer other than your own workers’ compensation claim handler without speaking to a lawyer first. Adjusters for a third party are trained to ask questions that shrink the injury or shift blame toward you.
Deadlines matter. Washington generally gives you three years from the date of injury to file a personal injury lawsuit, and a wrongful death claim runs three years from the date of death. A lawsuit is treated as commenced for limitations purposes if you either file or serve, as long as the other step follows within 90 days. If the harm was caused intentionally, the period is shorter, at two years. If a government body may be responsible, such as a state agency, a city, a county, or a school district, a formal claim must be presented first, and no lawsuit can be filed until sixty calendar days after that presentation. The limitations period is tolled during those sixty days, but the claim paperwork has to be done right, and state claims must be made on the standard tort claim form kept by the state Office of Risk Management. Local entities have their own claims agents, whose identity is recorded with the county auditor.
In King County, most civil injury lawsuits with substantial damages are filed in King County Superior Court, which sits in Seattle and at the Maleng Regional Justice Center in Kent. Eastside cases are typically heard at the courthouse in Seattle, while cases from south of Seattle and I-90 are more likely to be heard in Kent. King County District Court, with East, West, and South divisions, hears smaller civil claims, and its civil jurisdiction is capped at a level that serious workplace injuries will exceed. Cases involving federal issues or parties from other states may proceed in the United States District Court for the Western District of Washington in Seattle. Whichever court applies, call a lawyer early so evidence is preserved and deadlines are tracked from the start.
How Workers’ Compensation and a Third-Party Lawsuit Fit Together
Washington’s industrial insurance system generally prevents an injured worker from suing their own employer for a workplace injury. In exchange, benefits are available without proving fault. The law carves out a path for claims against others: if a third person who was not in your same employ is or may become liable for an injury covered by industrial insurance, you may elect to seek damages from that person. That election is where a case worth a fraction of its potential becomes a case that fully accounts for what you lost.
These claims have rules unique to this setting. When a third-party action is filed, the plaintiff must give notice to the Department of Labor & Industries or the self-insurer. The department or self-insurer may file a notice of statutory interest in the recovery and can intervene to protect its interest, which means part of any recovery may go toward reimbursing benefits paid. A lawyer experienced with these claims can address that reimbursement interest during negotiations so you understand your net recovery before you decide to settle. Underinsured motorist recoveries are treated differently, and the industrial insurance recovery rules apply only if the policy owner is your employer. There are also limits on who can be sued: an injured worker generally cannot pursue a design professional retained on a construction project unless that professional specifically assumed responsibility for safety practices. There is also an exception where an employer deliberately intended to cause the injury, in which case the worker can receive industrial insurance benefits and also sue the employer for damages beyond those benefits.
Fault is evaluated under Washington’s pure comparative fault rule. If you share some responsibility, your damages are reduced by your percentage of fault, but you are not barred from recovery, and there is no 50 or 51 percent cutoff. That matters on job sites where defendants like to point to a worker’s choices while ignoring the missing guardrail, the rushed schedule, or the defective equipment.
If a loved one died in a workplace incident, Washington’s wrongful death statutes allow the personal representative to bring an action for the benefit of the spouse or state registered domestic partner and children, including stepchildren, or, if there are none, the parents or siblings. The estate may also recover economic losses and, where qualifying beneficiaries exist, the decedent’s own pain and suffering and emotional distress. Industrial insurance survivor benefits operate alongside these claims, and we coordinate the two.
Questions About Washington Workplace Injury Claims
Can I sue my employer if I was hurt at work in Washington?
Generally, no. Industrial insurance is the exclusive remedy against your own employer. The main exception is an injury the employer deliberately intended to cause, in which case you can take industrial insurance benefits and also sue for damages beyond what those benefits provide. Most workplace lawsuits instead target third parties whose negligence contributed to the injury.
Who counts as a third party in a workplace injury case?
A third party is any person or company not in your same employ whose negligence caused or contributed to your injury. Common examples include a general contractor when you work for a subcontractor, a property owner, another trade’s crew, an equipment manufacturer or maintenance company, and a negligent driver. Identifying them often requires looking at contracts and who controlled the site.
Will filing a lawsuit affect my workers’ compensation benefits?
Your industrial insurance claim continues while a third-party case moves forward. The Department of Labor & Industries or your self-insured employer has a statutory interest in any recovery to reimburse benefits paid, and it must be notified when a third-party action is filed. We account for that interest in settlement discussions so there are no surprises about what you take home.
How long do I have to file a workplace injury lawsuit?
Most personal injury claims in Washington carry a three-year deadline from the date of injury. Wrongful death claims also run three years from the date of death. Claims against state or local government require a formal claim to be presented first, followed by a sixty-day waiting period before suit. Because these timelines interact, it is best to speak with a lawyer soon after the injury.
What if I was partly at fault for my accident?
You can still recover. Washington’s pure comparative fault rule reduces your damages by your percentage of fault but does not bar your claim. Defendants and adjusters often exaggerate a worker’s share of blame, so having a lawyer review the facts early can make a real difference in the outcome.
What can I recover in a third-party claim that workers’ compensation does not pay?
A third-party case can seek damages for pain and suffering, the full measure of lost earning capacity, and other losses that industrial insurance does not fully cover, along with future medical needs. The value depends on the severity of your injuries, your medical care, your work history, how the injury changes your daily life, and the insurance coverage available.
My employer says the injury was my own fault. Does that end my claim?
No. Industrial insurance is no-fault, so your workers’ compensation claim does not depend on who caused the injury. And in a third-party case, shared fault only reduces damages proportionally. Statements by an employer or supervisor are not the final word, and the physical evidence and witness accounts often tell a different story.
I was injured on a job site but I am an independent contractor. Do I have options?
Possibly. Whether you are covered by industrial insurance depends on the facts of your working relationship, and that question can change who you can sue. If you are not covered, you may have claims against the property owner, the general contractor, or others directly. A lawyer should review how you were hired, who directed your work, and what insurance applies.
What if a defective tool or piece of equipment injured me?
A product liability claim against the manufacturer or seller can be brought alongside your industrial insurance claim. Washington law recognizes a useful safe life for products, and harm occurring more than twelve years after delivery raises a presumption that the product’s safe life had expired, though that presumption can be rebutted. A product liability claim generally must be brought within three years of when you discovered or should have discovered the harm and its cause, so preserve the equipment and do not let anyone repair or discard it.
Is it worth hiring a lawyer for a workplace injury that seems minor?
It can be, especially if there is any chance of lasting symptoms. Back, shoulder, and head injuries often worsen over time, and a settlement or closed claim can be hard to reopen. A short consultation costs nothing and can tell you whether another party shares responsibility and whether your benefits are being handled correctly.
Will my health insurance cover treatment while my claim is pending?
For a work injury, industrial insurance should cover accepted treatment. If a claim is delayed or denied, health insurance may step in, though it may seek reimbursement later. We help clients coordinate these sources so care continues while the claim moves forward.
Do I need to give a recorded statement to an insurance company?
You are generally not required to give a recorded statement to a third party’s insurer, and it is wise to speak with a lawyer first. Having spent years on the defense side, our attorneys know how those statements are used to minimize injuries or shift blame.
Serving Workplace Injury Clients Across King County and Washington
Injury Law Group NW represents injured workers and families throughout King County, from Issaquah and the Eastside communities of Bellevue, Sammamish, Redmond, and Kirkland, to Seattle and its surrounding neighborhoods. We also serve clients in Kent and Renton and across the greater Seattle area, along with the broader Puget Sound region and communities throughout Washington. Dedicated pages serve clients in Bellevue and Renton as well.
That range matters in workplace cases because the places where people get hurt are spread out: construction sites in downtown Seattle and Bellevue, warehouse and distribution work in the Kent valley, development projects on the Eastside, and commercial corridors along I-90, I-405, and I-5. Whether the incident happened on a high-rise site, at a retail property, or on the highway between jobs, our attorneys can work with you where it is easiest for you, including at your home or the hospital if you are recovering.
Talk With a Washington Workplace Injury Attorney Today
If you were hurt on the job, you do not have to sort out industrial insurance, third-party liability, and insurer tactics by yourself. A Washington workplace injury attorney at Injury Law Group NW can review what happened, identify who besides your employer may be responsible, and explain what a fair recovery looks like. The consultation is free and confidential, and you pay no attorney fee unless we recover money for you.
Call or text us to schedule a time to talk. We will listen to what happened, answer your questions, and tell you honestly what we see. We give hope. We get results.
