Hurt at Work in Washington: Your L&I Claim and Your Right to Sue a Third Party

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Why L&I is usually the only remedy against your employer

Washington took work injuries out of the civil courts in 1911. RCW 51.04.010 says injured workers get “sure and certain relief” regardless of fault, and that civil actions against employers for those injuries are abolished except as the industrial insurance title allows. RCW 51.32.010 adds that the compensation is paid “in lieu of any and all rights of action whatsoever against any person whomsoever,” subject to the exceptions written into the title.

The Washington Supreme Court has called this a “grand compromise”: employers get immunity from suits by their workers, and workers get a swift, no-fault compensation system (Walston v. Boeing Co., 2014, quoting Birklid v. Boeing Co.). The same immunity covers co-workers. Your claim goes to the Department of Labor and Industries (L&I) or, if your employer is self-insured, to the employer’s claims administrator.

The deliberate-intention exception is narrow

Under RCW 51.24.020, if an employer acts with “deliberate intention” to produce the injury, the worker keeps L&I benefits and may also sue the employer for damages beyond those benefits. In Birklid v. Boeing Co., 127 Wn.2d 853 (1995), the court held this applies when the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge. The court later applied that test in Walston v. Boeing Co. and refused to widen it to injuries that were only “substantially certain.”

A known safety violation or careless supervision usually falls short. Cases that qualify tend to show that management watched workers getting hurt and kept them in the same exposure.

Who counts as a third party

RCW 51.24.030 lets an injured worker seek damages from any “third person, not in a worker’s same employ” who is or may become liable for the injury. L&I’s own third-party page lists these examples:

• A general contractor on the site, when you work for a subcontractor.
• A property owner who failed to maintain the building or premises where you were working.
• The manufacturer of a defective machine, tool, ladder or other device that injured you.
• The driver of another vehicle that hit you while you were driving or flagging for work.
• The owner of an animal that bit you on the job.

A separate subcontractor whose crew created the hazard can also be a third party. One limit applies on construction projects: RCW 51.24.035 shields licensed design professionals such as architects, engineers and surveyors unless they assumed safety duties by a negotiated contract or actually controlled the area where you were hurt, and the shield does not cover negligent design plans. A claim against a city, county or other local government must first be presented on a tort claim form under RCW 4.96.020.

Construction sites: WISHA rules and the general contractor’s duty

Construction is one of Washington’s deadliest industries. The state’s Fatality Assessment and Control Evaluation program (WA FACE) counted 24 construction worker deaths in 2022, the most since it began counting in 1998, and 83 from 2018 through 2022, with falls and motor vehicle incidents causing the most (L&I SHARP, 2023). Across all industries, WA FACE reported 74 workers died on the job in 2024 (preliminary), up from 72 in 2023.

Construction work is governed by the Washington Industrial Safety and Health Act (WISHA) and the rules in chapter 296-155 WAC. Fall protection rules for construction now sit in chapter 296-880 WAC. Under RCW 49.17.060, every employer must comply with these rules.

In Stute v. P.B.M.C., Inc., 114 Wn.2d 454 (1990), the Washington Supreme Court held that a general contractor owes a duty to every employee on the site, including subcontractors’ workers, to comply with WISHA rules. In Vargas v. Inland Washington, LLC (2019), the court reaffirmed that duty and the general contractor’s common law duty to keep areas under its supervision safe, and held that a general contractor may also be vicariously liable for negligence of other entities on the jobsite.

Electing to sue, notice to L&I, and L&I’s share of the recovery

If your accident report suggests someone else caused the injury, L&I sends a Third Party Election form. You may pursue the case yourself with your own attorney or assign it to L&I (L&I pamphlet F249-008-000). Under RCW 51.24.070, once L&I or the self-insurer serves a written demand, you have 60 days to elect. If you elect to proceed, you must then file suit or settle within the time L&I or the self-insurer allows, which is at least 90 days. Missing either deadline means the claim is treated as assigned. An assignment lets the department or self-insurer prosecute or settle the case in your name under RCW 51.24.050, and you receive 25 percent of the balance after its expenses plus anything left once its benefits are repaid.

When you file suit, RCW 51.24.030(2) requires notice to the department or self-insurer, which may file a notice of statutory interest and intervene. Your L&I benefits continue while the case is pending (RCW 51.24.040). A settlement that leaves L&I with less than your benefits paid and expected is void without its written approval under RCW 51.24.090. Under RCW 51.24.060, a recovery you obtain is divided this way:

L&I holds a lien for its share and has sole discretion to compromise it, considering collectability, liability disputes and problems of proof (RCW 51.24.060(3)). A spouse’s loss of consortium claim is excluded from the definition of recovery in RCW 51.24.030(5), so it is outside the lien.

Deadlines for Washington work injury claims

If a worker died, the family’s wrongful death case has its own timing rules, covered in our Washington wrongful death deadline FAQ.

Your own share of fault does not end the case

Washington uses pure comparative fault. Under RCW 4.22.005, a claimant’s contributory fault reduces damages in proportion but does not bar recovery. A jury that finds you 30 percent at fault for not tying off would cut your third-party award by 30 percent. L&I benefits themselves are paid regardless of fault.

How L&I benefits compare with third-party damages

The time-loss range comes from L&I’s wage replacement page. Texas works very differently; see our Texas non-subscriber work injury guide.

Evidence to preserve right away

• Photos and video of the scene and any missing guardrails, covers or warnings, before repairs.
• The tool, ladder, harness or machine involved; ask in writing that it be kept unaltered.
• Names of the general contractor, subcontractors, property owner and rental company, plus the site address and permit number.
• Witness names and phone numbers.
• Your L&I claim number, Report of Accident and Third Party Election form.
• WISHA inspection or citation records and the site safety plan.
• For crashes, the police report number and the other driver’s insurance.

What this means for your case

File your L&I claim first, inside one year, and say on the Report of Accident if someone outside your company may be responsible. Then list everyone who controlled the site, the equipment or the vehicle. Return the Third Party Election form before the 60-day window closes so the decision stays with you, and make sure any lawyer you hire gives L&I notice when suit is filed and accounts for the lien before discussing settlement numbers.

Beverly Law handles Washington injury cases through Michael Shemtoub, who is licensed in Washington, for workers in Seattle, Tacoma and across the state. You can review our practice areas. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.

Common questions

Related pages

Legal guides · Washington wrongful death deadline · Texas non-subscriber work injuries · Seattle injury lawyers · Tacoma · Washington

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 6, 2026.