Working Through Third-Party Claims in Washington State

A third-party claim in Washington is a demand for compensation from someone other than you or your own insurer. If you were hurt at work, it also means someone other than your employer. When a careless driver hits your work truck or a subcontractor's faulty equipment injures you on a job site, that outside party may owe you damages that workers' comp or your own coverage won't pay, including pain and suffering. If benefit checks barely cover your bills, learning that another source of recovery may exist can change how you plan your next steps. 

At Armstrong Law Offices, P.S., I help injured people in Kent, Seattle, Tacoma, Renton, and communities throughout King County, Pierce County, and Washington State pursue third-party claims. Washington law generally lets you collect workers' compensation benefits and still seek damages from a negligent outside party. The state may be repaid from part of what you recover.  

I can help you identify who may be responsible, organize how your claims fit together, and meet applicable deadlines. Contact me to schedule a free consultation. 

What Counts as a Third-Party Claim?

A third-party claim is one you bring against the person or business whose negligence caused your injury. It's usually paid through that party's liability insurance. A first-party claim is different: you file a claim with your own insurer for benefits you've already paid for, such as personal injury protection (PIP) coverage on your auto policy. 

The distinction matters because each type of claim follows different rules and covers different losses. Third-party claims in Washington commonly arise from situations like these: 

• A car, truck, or motorcycle crash caused by another driver 

• A slip and fall on a poorly maintained property 

• An injury caused by a defective product 

• A work injury caused by someone outside your company 

In a third-party claim, you generally must show that the other party was at fault. That proof can open the door to damages such as medical bills, lost income, reduced earning capacity, and pain and suffering. 

Suing Someone Other Than Your Employer

Washington's workers' compensation system usually prevents you from suing your employer. That protection doesn't extend to everyone else. Under RCW 51.24.030, if someone who doesn't work for the same employer may be liable for your injury, you can seek damages from that person or company. You can do this while you continue receiving workers' comp benefits. 

Third parties in workplace injury cases may include: 

• A driver who crashed into you while you were on the clock 

• A contractor or subcontractor from another company working at the same site 

• The manufacturer of a defective tool, machine, or safety device 

• A property owner who failed to fix a known hazard 

Spotting these parties isn't always easy, especially on construction sites where several companies share the work. As part of my personal injury services, I can review contracts, incident reports, and equipment records to see whether someone besides your employer contributed to your injury. 

How L&I Gets Repaid From Your Recovery

If you recover money from a third party, the Department of Labor & Industries (L&I) or your self-insured employer generally has a right to be reimbursed for the benefits it has already paid. Washington law sets out how a third-party recovery is divided: 

• You and the department share attorney fees and costs proportionately. 

• You receive 25 percent of the remaining balance, free of any department claim. 

• The department is reimbursed for benefits paid, minus its share of fees and costs. 

• You keep whatever remains. 

Any excess you keep can affect future benefits. L&I may delay paying further benefits for the same injury until you use up that excess. A third-party settlement that results in less than the worker’s entitlement to benefits paid and estimated future benefits is void unless L&I or the self-insurer gives written approval. 

Finding out that part of a settlement may go back to L&I can feel discouraging, especially after months of reduced income. Even so, a third-party claim can often leave you better off than workers' comp alone because it may cover losses the system doesn't. 

Filing Deadlines and Shared Fault

Most personal injury lawsuits in Washington must be filed within three years under RCW 4.16.080. Some claims, such as those against government agencies, may require extra steps, like submitting a formal claim before you can sue. Evidence such as video footage and witness memories can disappear long before the legal deadline arrives. 

Washington also follows a pure comparative fault rule. If you were partly responsible for the accident, your recovery is reduced by your share of fault rather than eliminated. Because of this rule, insurers sometimes try to assign you a larger share of the blame. 

Juggling appointments, paperwork, and adjuster calls can drain you while you're healing. A few early steps can help protect your claim: 

• Report the injury and file any L&I claim promptly. 

• Get medical care and follow your treatment plan. 

• Write down the names of witnesses, drivers, and companies involved. 

• Keep copies of medical bills, pay stubs, and insurance letters. 

• Avoid giving a recorded statement to another party's insurer before getting legal advice. 

Get Answers From a Personal Injury Attorney in Washington

A third-party claim can give you access to compensation that workers' comp or your own insurance may not provide. It also has its own rules on fault, deadlines, and reimbursement that can shape your case's value. 

I'm James W. Armstrong, Jr., a veteran and former U.S. Marine with more than 20 years of experience representing injured people. At Armstrong Law Offices, P.S., I work with clients from my office in Kent, Washington, to identify responsible parties and handle the claims process while they focus on recovery. 

If you're unsure whether someone outside your employer or insurer may owe you compensation, let's talk about it. Contact me for a free consultation.