|
Often workers are injured
on the job or on a construction site by reason of no fault of their
own.
Roofer
recovers $965,000. (True case o; client handled
by Law Offices of Robert Kornfeld) Usually there may be many
trades on a construction site. One trade or even the general contractor
may accidentally cause another worker from a different trade to
be seriously injured.
In Washington, the general contractor of
all work sites and/or an owner developer have a non-delegable duty
to provide a reasonably safe work place and to enforce specific
WISHA regulations. (Washington Industrial Safety and Health
Act)
If a worker is injured in the work
place, he may file a worker's compensation claim. An injured
worker not only has a right to file a worker's compensation, e.g.
a Labor and Industries claim, but he may also have a viable "third
party claim" to recover damages against the negligent contractor,
subcontractor or independent trade. This would be a claim
against a negligent company or it's employee on a job site which
caused the worker's injury. The injured worker may file a
third party claim against the employer of the negligent worker.
Remember, an injured worker may not bring
a third party claim against his or her own employer. However,
it is very important to understand that an injured worker may recover
general damages on a third party claim on top and in addition to
a recovery of his or her full worker's compensation benefits.
The election of a third party claim will
not compromise or affect your right to receive complete L & I, or
workers' compensation benefits. It would simply be foolish
not to hire an attorney to pursue a third party claim for you.
Typically, the State of Washington will not zealously pursue a third
party claim for you as its concern is merely the recovery of its
worker's compensation benefits and not the general damages for you,
the injured worker, which could include pain and suffering, disability,
loss of earning capacity, and future and permanent problems.
The State is not cut out or set up to recover
these types of third party damages for workers. For this reason,
it is so important that you elect not to assign your third party
recovery to the State, and that you elect to pursue it on your own
with the assistance of an experienced lawyer.
REMEMBER, a worker who elects to
bring a third party claim does not give up his right to worker's
compensation benefits for wage loss, medical expenses, vocational
retraining, and whatever other benefits are provided. It behooves
all workers who are injured by reason of the fault of another, other
than a fellow employee, to bring a third party claim. This
allows an injured worker to RECOVER the financial compensation
you deserve. Workers compensation/L & I will not compensate you
as a third party claim will.
A third party claim allows the injured
worker to RECOVER general damages for your pain and suffering,
inconvenience, loss of opportunity to enjoy life, loss of and including
the companionship of family members, loss of services, emotional
and psychological distress, death, disability, permanent injuries,
dismemberment, and other damages. L&I will not fully compensate
you for these damages, which often are the major and most substantial
portion of any injury claim.
An example
of a construction accident in which Rob represented a worker
in a third party claim resulted in an excellent settlement short
of trial. In Staub v. CIG Corporation,
Cause No.: 97-2-10022-4SEA in King County Superior Court, the
injured worker fell in excess of ten feet to a concrete floor below
because he was not given fall protection.
The worker suffered a traumatic brain injury.
Because we pursued a third party claim for the worker, we RECOVERED
an additional settlement for him, in addition to L & I/worker's
compensation benefits, in an amount of $335,000.
There is a time limit by which you must
file a worker's compensation claim and a different statute of limitations
governing the filing of a third party claim.
If you were injured by the negligence of
another on a construction site or while on the job, consult the
Law Office of Robert Kornfeld for a free consultation and
case evaluation to determine if you have a viable third party claim.
We can be reached at 1 (800) 282-4878, or email at rob@kornfeldlaw.com
or set up an in-person meeting at a mutually convenient time and
location, all at no charge to you.
|
