Can You File a Personal Injury Lawsuit While Receiving Workers' Compensation?

If you’re injured at work and receiving workers’ compensation, you might assume this is the only path.  

But what happens when someone outside your workplace caused your injury? Can you seek compensation beyond what’s provided by workers’ comp?  

The answer might be more nuanced than you think.  

At Armstrong Law Offices, P.S., we’ve helped countless Washington workers in Kent, Seattle, Tacoma, and Renton deal with workplace injuries.  

With over two decades of legal experience, our attorney, James Armstrong, has built a reputation for defending the rights of injured parties. Attorney Armstrong draws from his years as a U.S. Marine to serve his clients with dedication and integrity.  

Learn how the law works in Washington and how you might have the option to pursue a personal injury lawsuit while receiving workers' compensation.  

Workers’ Compensation in Washington  

Workers' compensation covers employees who are injured in the workplace. Washington is a no-fault state for workers' compensation, meaning employees are covered regardless of who is at fault for a workplace accident. This system can provide financial relief for medical expenses, partial wage replacement, and more.  

However, workers' compensation often limits the type and amount of compensation available—things like pain and suffering aren’t typically included.  

Workers’ compensation usually protects your employer from a lawsuit. If your injury was caused by a coworker, machinery malfunction, or lack of workplace safety, filing a personal injury lawsuit against your employer is not an option under normal circumstances. 

However, you still have a chance if an outside party plays a role in your injury. And that’s where the laws get a little tricky.  

Filing a Personal Injury Lawsuit While Receiving Workers' Compensation  

You can file a personal injury lawsuit while receiving workers’ compensation—but only under specific conditions. If a third party (someone other than your employer or coworker) caused your injury, you may be entitled to pursue a separate claim.  

Let’s say you’re a delivery driver and another driver hits your vehicle, injuring you in the process. Workers’ comp might cover your medical expenses and wage loss while you recover, but it won’t account for pain and suffering or the long-term effects of the accident on your quality of life.  

A third-party personal injury lawsuit allows you to seek additional compensation directly from the at-fault driver. 

It’s also common in cases involving defective products. If a piece of faulty machinery at your job site caused your injury, you could file a claim against the manufacturer while still collecting workers’ comp.  

Why You Need Legal Help  

Handling a workers' compensation claim AND a personal injury claim can be challenging. Each case is different, and you need to understand whether pursuing a third-party lawsuit will affect your workers’ comp benefits.  

Moreover, the claim must meet specific criteria, and there are several deadlines and documentation requirements to be contended with. 

This is where working with an experienced attorney makes all the difference. At Armstrong Law Offices, P.S., we’ve seen firsthand how tricky managing a dual claim can be.  

We help you determine whether you have a valid third-party claim and protect your rights as someone receiving workers’ compensation.  

We guide you through every step of the process, striving to meet all deadlines and ensuring that all documentation is handled correctly.  

We provide personalized attention to your case, knowing that no two claims are alike. With Armstrong Law Offices, P.S., you can focus on recovery while we focus on the legal aspects. 

Workers’ Compensation and Third-Party Claims in Washington 

Washington laws governing workplace injuries and third-party claims can be confusing. Under the Revised Code of Washington (RCW) Title 51, workers’ compensation is considered a no-fault system.  

The Washington Department of Labor & Industries (L&I) administers the state’s workers’ compensation program and generally prohibits people from suing their employer or coworkers over workplace injuries.  

However, RCW 51.24.030 allows injured workers to file third-party claims when someone outside the workplace is responsible for their injury.  

For these claims to proceed, the party at fault cannot be classified as your employer or a coworker, and the injury must have resulted from their negligence.  

Additionally, if you win a third-party claim while collecting workers’ comp benefits, L&I has the right to recover some of the funds paid out in benefits through a process called “subrogation.”  

This can reduce your overall compensation, so you need legal representation to protect your interests.  

Personal Injury and Workers’ Compensation Attorney in Kent, Washington  

When you work with Armstrong Law Offices, P.S., you get an attorney who brings dedication and integrity to your case. Attorney Armstrong has spent over two decades fighting for the rights of employees and injured individuals across Washington, including Kent, Tacoma, Renton, and Seattle.

If you cannot work because of an injury or disability, we will guide you through the process and defend your rights. Reach out today to get started.