Washington Construction Accident Lawyer: Third-Party Claims, the General Contractor’s WISHA Duty and L&I’s Share (Updated November 2026)

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

What to do after a construction injury in Washington

1. File your L&I claim. A claim must be filed within one year after the injury (RCW 51.28.050).
2. Tell L&I if someone else may have caused the injury. L&I then sends a Third Party Election Form. If you pursue the case yourself, you must notify L&I (L&I, injured by a third party).
3. Answer any election demand on time. If L&I or a self-insured employer sends a written demand, you have 60 days to elect, or the claim is treated as assigned to them (RCW 51.24.070).
4. Write down every company on the site, photograph the equipment and the area, and collect co-workers’ phone numbers.
5. Do not settle without checking L&I’s approval. You need L&I’s written approval for a settlement that would leave L&I with less than the benefits paid or estimated (L&I).

Who you can sue besides your employer

Washington’s industrial insurance law withdrew workplace injuries “from private controversy” and abolished civil actions against employers for them, except as the title provides (RCW 51.04.010). One exception is an injury resulting from the employer’s deliberate intention to produce it (RCW 51.24.020).

If a third person “not in a worker’s same employ” is liable for the injury, the worker may elect to seek damages from that person (RCW 51.24.030(1)). On a construction site that can be a general contractor, another subcontractor, the jobsite owner, the maker of a defective tool or lift, or a driver. L&I’s own examples include a crash caused by another driver and a defective device (L&I).

Design professionals. A licensed architect, professional engineer, land surveyor or landscape architect retained on the project cannot be sued by an injured worker unless it took on safety responsibility by a mutually negotiated contract or actually exercised control over the part of the site where the worker was hurt. That immunity does not cover negligent preparation of design plans and specifications (RCW 51.24.035).

On October 7, 2026, a State Patrol trooper helping with a lane closure on Interstate 82 south of Kennewick was injured when a passenger vehicle allegedly failed to yield and struck the patrol SUV; the driver was arrested on suspicion of DUI. A worker hurt by a driver while on the job can claim against that driver in addition to workers’ comp. See our guide to Washington work injury third-party claims.

General contractors and jobsite owners

Every employer must provide a workplace free from recognized hazards likely to cause serious injury or death, and must follow the rules adopted under WISHA (RCW 49.17.060).

The general contractor’s duty. In Stute v. P.B.M.C., Inc., 114 Wn.2d 454 (1990), a subcontractor’s employee installing gutters slipped off a wet roof and fell three stories; there was no scaffolding or other safety equipment. The Washington Supreme Court held that the general contractor should bear the primary responsibility for compliance with safety regulations, that its innate supervisory authority is enough control over the workplace, and that the duty is placed on the general contractor as a matter of law.

Jobsite owners. Afoa, a baggage handler at Sea-Tac Airport, was severely injured when the luggage vehicle he was driving crashed into equipment that fell on him. In Afoa v. Port of Seattle, 191 Wn.2d 110 (2018), the court described its earlier ruling in his case as holding that a jobsite owner that exercises pervasive control over a work site should keep it safe for all workers. The jury awarded $40 million and assigned 25% of the fault to the Port, 0.2% to Afoa and 74.8% to four airlines. The court held the Port was directly liable for its own share only: “Simply because the Port cannot delegate its responsibility does not mean it must adopt the responsibility of another.”

Your employer’s fault is left out. When fault is divided among several parties, the jury does not assign a percentage to an entity immune under the workers’ comp title, such as your own employer (RCW 4.22.070(1)). A defendant cannot shrink its share by pointing at your employer.

How L&I and a third-party recovery are split

L&I says you are entitled to workers’ compensation benefits regardless of who caused the injury, and that L&I must be reimbursed from any recovery (L&I). The statute sets the order when you bring the case yourself (RCW 51.24.060(1)):

1. costs and attorney’s fees are shared proportionately by you and L&I or the self-insurer;
2. you receive 25% of the balance, though in a settlement you may agree to less;
3. L&I or the self-insurer is repaid for benefits paid, less its proportionate share of fees and costs;
4. you receive the rest, which is then credited against future benefits for the same injury.

“Recovery” for this purpose includes all damages except loss of consortium (RCW 51.24.030(5)). If you choose not to proceed, the claim is assigned to L&I or the self-insurer, which may pursue it in your name; if it recovers, you still receive 25% of the balance after its expenses (RCW 51.24.050). See workers’ comp vs. a personal injury claim.

Hurt near a construction site, and claims against the government

A pedestrian or driver hurt by a construction crew, a falling object or a work truck has an ordinary negligence claim. If you were partly at fault, your damages are reduced by your share, and the claim is not barred (RCW 4.22.005). See comparative fault in California, Texas and Washington and our FAQ on a truck crash in a construction zone.

Work vehicles carry workers too. On October 22, 2026, a work bus carrying farmworkers collided with a semi-truck on State Route 24 near Othello, and at least 11 people were hurt; the State Patrol said the bus allegedly failed to yield, and the investigation was ongoing. Because the “same employ” rule bars claims against an injured worker’s own employer and co-workers, who owned and drove each vehicle shapes who can be sued.

Deadlines. Most injury lawsuits must be filed within three years (RCW 4.16.080(2)). A claim against a city, county or other local entity must be presented on the required claim form, and no suit may be filed until 60 days later, with the deadline paused for those 60 days (RCW 4.96.020). Claims against the state, including WSDOT projects, follow the same 60-day rule (RCW 4.92.110).

Washington construction deaths

The U.S. Bureau of Labor Statistics counted 102 fatal work injuries in Washington in 2024, up 5.2% from 97 in 2023. The construction sector had 16, and falls, slips or trips caused 8 of them. Transportation incidents were the most frequent fatal event, at 29% of all deaths (BLS, Fatal Work Injuries in Washington, 2024).

Washington runs its own OSHA-approved State Plan (OSHA, State Plans).

When a fall or crash causes a head injury or a death, see our Washington brain injury lawyer and Washington wrongful death lawyer pages. Local pages: Seattle and Spokane truck accidents.

Washington, California and Texas compared

Washington is the only one of the three that sets by statute the share of a third-party recovery the worker keeps before L&I is repaid.

Related pages

• California construction accident lawyer
• Texas construction accident lawyer
• Washington work injury third-party claims
• Third-party claims after a construction accident
• Can you sue your employer for a work injury?
• Areas we serve in Washington

Common questions

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, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.