Navigating the workers’ compensation system after a workplace injury can be confusing and stressful. Many workers ask our Attorneys at Althauser Rayan Abbarno whether they can sue their employer.

Here is the answer . . .

Negligent Act Vs. Intentional Act

You cannot sue your employer for a negligent act. If you are hurt on the job due to employer negligence you should file an L&I claim.

You may be able to sue your employer under “Action against employer for intentional injury” RCW 51.24.020, however, these claims are rare and difficult—the statue requires:

  • An employer had certain knowledge that the worker would sustain an injury.
  • The employer willfully disregarded that knowledge by taking no action and providing no warning of the hazard.

This means that you can only sue your employer for a work-related injury if you can prove that they knew you would get hurt and chose to do nothing about it.

In certain cases, an injured worker is not precluded from suing a third-party not related to the employer.

Free Injury Consultations with Experienced Attorneys

For a FREE injury consultation with your experienced injury attorneys at Althauser Rayan Abbarno, call (360) 736-1301 or E-mail [email protected].