As a construction worker, how am I protected in Washington State?
In Washington, there are two state guidelines that can help ensure the protection of construction workers: (1) the Washington Administrative Code and (2) the Washington Industrial Safety and Health Act (WISHA). Some of the main site requirements specified in these guidelines include:
- Proper railings are required on elevated work areas;
- Proper markings are required for unsafe conditions and hazards;
- Proper coverings are required for holes on a job site; and
- Proper shoring of trenches is required.
Who is responsible for keeping me safe on a job site?
It is the responsibility of your employer to ensure that the workplace meets safety requirements as set out by local, state, and federal regulations. Additionally, it is the responsibility of the General Contractor to make sure that the job site is safe for all workers on the site, including the employees of other subcontractors. This may include you!
If I work for the General Contractor on a jobsite, can I sue them?
In a word, no. You cannot sue your employer in Washington State, as your direct employer has “immunity” from a lawsuit. This means that your employer cannot be sued, even if they caused the accident. However, there may be another entity or individual who is at fault for your injuries that you can sue, depending on the facts of your case.
Can I sue for injuries if I also have a claim with L&I?
Yes, generally -- although it will depend on your case. While you cannot sue your employer if they are at fault, you still have the right to make a claim against other entities that may have caused or contributed to your injuries on a job site. It is important to investigate all potential at-fault parties who may have caused your injury in order to evaluate if a claim can be made against them for your losses.
