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Workplace Injury

Injured on the job? Your L&I claim may not be the only path to recovery.

Most Washington workers hurt on the job are covered by the state workers' compensation system run by the Department of Labor & Industries. L&I pays for medical treatment and part of your lost wages, and it applies no matter who caused the accident. For many people, that system works. For others, claims get delayed, treatment gets denied, or the benefits simply do not reflect what the injury has taken.

Bexley & Thorne helps injured workers in Tacoma and throughout the South Sound understand every option that is open to them. That includes protecting the L&I claim and, just as importantly, looking for anyone outside your employer whose carelessness played a part.

On a busy construction site, for example, the general contractor, several subcontractors, an equipment rental company and a property owner may all share responsibility for safety. Each one carries its own insurance. Sorting out who controlled the hazard that hurt you is often the difference between a claim that covers your real losses and one that does not.

Two claims, two different rules

Knowing the difference between these claims is the first step. Many of our clients have both.

L&IWorkers' compensation

Covers medical care and a portion of lost wages regardless of fault. In most cases you cannot sue your own employer, and claims generally need to be filed within one year of the injury.

Third partyNegligence lawsuit

If a contractor, property owner, driver or equipment maker contributed to your injury, you may be able to sue them for losses L&I does not cover, including pain and suffering.

BothCoordinated recovery

When both claims exist, L&I may be repaid from a third-party recovery. We negotiate that repayment so more of the recovery stays with you.

A worker reviewing a letter at her desk with one hand on her forehead

Injuries we see on job sites

Construction, warehousing, health care and transportation account for many of the calls we receive. These are some of the most common injuries.

  • Falls from ladders and scaffolds
  • Forklift and loading dock accidents
  • Defective tools and machinery
  • Vehicle crashes while working
  • Burns and electrical injuries
  • Back and shoulder injuries from lifting
  • Crush injuries
  • Occupational illness

Questions people ask us

General answers for a demo site. Your circumstances may change the answer, so please ask us about your own situation.

Can I sue my employer for a workplace injury in Washington?
In most cases, no. Washington's workers' compensation system generally replaces lawsuits against employers. There are narrow exceptions, such as deliberate intent to injure, and third parties can still be responsible.
What is a third-party claim?
It is a negligence claim against someone other than your employer, such as a subcontractor, a property owner or the company that made a faulty machine. These claims can include damages that L&I does not pay.
My L&I claim was denied. What now?
You can ask L&I to reconsider or appeal to the Board of Industrial Insurance Appeals. Deadlines for protests and appeals are short, often 60 days, so act quickly.
Will filing a claim cost me my job?
Washington law prohibits employers from retaliating against workers for filing an L&I claim. If you believe you were punished for filing, tell us right away.
Do I need a lawyer for a simple L&I claim?
Not always. Many straightforward claims move through L&I without trouble. A lawyer becomes more useful when treatment is denied, time-loss payments stop, your claim is closed too early, or someone other than your employer may be responsible.
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Testimonials

Trusted across the county

Clients and families across Pierce County have trusted us with some of the hardest weeks of their lives.

I was arrested on a Friday night and had a lawyer returning my call before Saturday breakfast. Daniel walked me through every hearing, and I always knew what came next.
Terrence W.
After the crash I could not think past the medical bills. Miriam's team took every call from the insurer, explained each offer in plain words, and never rushed us to settle.
Marisol R.
They handled my mother's case with real care. Nothing felt like a sales pitch, only steady and honest help while our family was grieving.
Janelle P.
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