If you were hurt on a job site, you have probably been told that workers' compensation is the end of the story. Often it is not. When someone other than your employer helped cause your injury, you may have a second, separate claim worth far more.
A Spokane construction accident lawyer at Parker & McConkie finds and pursues those third-party claims for injured workers across Spokane and Washington. Consultations are free, and you pay nothing unless we recover for you.
If a construction site injury upended your life, call our Spokane office at (509) 374-3111.
Can You Sue After a Construction Injury, or Is Workers' Comp Your Only Option?
You may be able to do both, and that is the key point most injured workers never hear. Workers' compensation, handled in Washington through the Department of Labor and Industries, or L&I, covers medical care and part of your lost wages regardless of fault, but it does not pay for your full losses, and you generally cannot sue your own employer.
A third-party claim is different. When a party other than your employer contributed to your injury, Washington law lets you bring a separate injury claim against them. That right is recognized in RCW 51.24.030. This is where the real compensation often lies, because a third-party claim can recover the full pain, suffering, and future losses that workers' comp leaves out.
| Workers' compensation | Third-party claim | |
| Filed against | Your employer's coverage | Another company that caused the injury |
| Fault required | No | Yes |
| Covers pain and suffering | No | Yes |
| Covers full lost earnings | Partial | Yes |
We focus on that third-party claim. Our Spokane attorneys look past the comp paperwork to find who else was responsible.
Who Can Be Held Responsible for a Construction Site Injury?
Often it is a company you do not directly work for, and identifying them is what unlocks a third-party claim. Construction sites are crowded with different businesses, and any of them can create the hazard that hurt you.
Potentially responsible parties include:
- A general contractor or another subcontractor whose crew created the danger
- The property owner, for unsafe conditions on the site
- A manufacturer of defective equipment, tools, or safety gear
- A negligent driver of a delivery or commercial vehicle on or near the site
Because commercial vehicles are also common on construction sites, some worksite injuries overlap with vehicle claims, and both may apply. We trace every company connected to the job and identify each one whose negligence contributed.
What Are the Most Common Construction Accident Injuries?
Construction injuries tend to be severe because the hazards are severe: heights, heavy machinery, and dangerous materials. The type of accident usually points to who failed to keep the site safe.
The most frequent serious accidents include falls from scaffolding, ladders, or roofs, being struck by falling objects or equipment, electrocution from exposed or mishandled wiring, and getting caught in or crushed by machinery.
Federal workplace safety rules from the Occupational Safety and Health Administration, or OSHA, address many of these hazards, and you can review those standards on OSHA's official site. A safety violation can become important evidence in your third-party claim.
These accidents commonly cause spinal cord damage, a traumatic brain injury, meaning lasting harm to brain function known as a TBI, amputations, and severe fractures. We build claims that reflect how serious and lasting these injuries are.
Why Spokane Job Sites See Serious Injuries
Spokane's steady construction activity keeps crews busy, and busy sites under deadline pressure are where corners get cut. Understanding the local conditions helps show how an injury could have been prevented.
Downtown commercial projects, apartment and infrastructure work, and seasonal building all put workers around cranes, scaffolding, and heavy equipment. Pressure to finish before winter weather sets in can push crews to work faster and skip safety steps, and cold, wet conditions make falls and equipment failures more likely. When a general contractor or another company on the site ignores those risks, workers pay the price.
We investigate the specific failure that caused your injury, because that detail is what establishes a third party's responsibility.
We help everyday people stand up for What's Right.
What Should You Do After a Construction Site Injury?
Report the injury and get medical care first, then take steps that protect a possible third-party claim. Because two systems may apply at once, the workers' comp process and a separate injury claim, the early evidence matters more than most workers realize.
As soon as you are able:
- Report the injury to your employer and get medical treatment right away
- Photograph the equipment, the hazard, and the scene if you can safely do so
- Write down what happened and which companies were working nearby
- Get names and contact information for coworkers and witnesses
- Keep any damaged safety gear or equipment involved
Reporting to your employer starts the workers' comp process, but it does not, by itself, protect a third-party claim against another company. That evidence, meaning the photos, the names, and the equipment, is what identifies who else was responsible. We use it to build the separate claim that reaches the compensation comp leaves out.
What Is the Deadline for a Third-Party Construction Claim?
A third-party construction injury lawsuit in Washington generally must be filed within three years of the injury, under RCW 4.16.080. That is separate from the deadlines and steps in the workers' compensation system, which run on their own schedule.
Because two systems are in play at once, it is easy to focus on the comp paperwork and let the third-party deadline slip. That is a costly mistake, since the third-party claim is often where the larger recovery is.
How Much Is a Third-Party Construction Claim Worth?
A third-party claim can be worth substantially more than workers' compensation alone, because it reaches losses that comp does not touch. Your claim's value depends on the severity of your injuries and their effect on your future.
A third-party construction claim generally includes full medical care, both past and future, the wages and earning capacity you lost, and payment for pain, disability, and the disruption to your life, none of which workers' comp fully covers. When an injury ends a career in the trades, the lost future earnings alone can be significant. We build claims around that complete picture, not just the portion comp already paid.
How Do We Prove a Third Party Was Responsible?
We prove it by reconstructing exactly how the injury happened and identifying which company's failure caused it. On a busy site with many contractors, that is not always obvious, and it is the heart of a successful third-party claim.
Our investigation looks at the site safety plan, OSHA compliance records, equipment maintenance and inspection logs, and the contracts that spell out who was responsible for what. We gather accounts from coworkers, photographs of the scene and the equipment, and any incident reports. When a machine or a piece of safety gear failed, we examine whether a defect or an improper setup was to blame.
The goal is to connect your injury to a specific, documented failure by a company other than your employer. That is what turns a workers' comp claim, which pays only part of your losses, into a full third-party recovery. Because this evidence can disappear as a site changes day to day, moving quickly is essential.
If you are not sure whether a third party contributed to your injury, let us investigate. The review costs nothing.
Frequently Asked Questions
Do I need a lawyer for a construction accident in Spokane?
If another company contributed to your injury, yes. Third-party construction claims involve multiple businesses, safety regulations, and the overlap with the workers' comp system, which is a lot to manage while you are hurt. A Spokane construction accident lawyer finds the responsible third party and pursues the full compensation that comp leaves on the table.
How much does a Spokane construction accident lawyer cost?
Nothing upfront. We take third-party construction cases on contingency, so our fee is a share of the recovery and applies only if we win, with no fee if we do not. The consultation is free and we advance the costs, so you can pursue a full claim without money out of pocket while you recover.
What if I was partly to blame for the accident?
Yes. Washington's pure comparative negligence rule reduces a third-party recovery by your share of fault but does not bar it, even if you were partly responsible. On a busy job site, fault is often shared among several parties. We work to place responsibility where it belongs and to keep your share fairly stated.
What if my injury will keep me from working in construction again?
That loss is a central part of a third-party claim. When an injury ends your ability to do the work you were trained for, the compensation should reflect your lost future earnings and retraining costs, not just current bills. Workers' comp rarely covers that fully, which is exactly why the third-party claim matters so much.
Does filing a third-party claim affect my workers' compensation benefits?
It can interact with them, but it does not simply cancel them out, and for most injured workers pursuing both is worth it. When you recover from a third party, the workers' comp system may be entitled to be repaid for part of what it paid you, through what is called a lien.
Even so, a third-party claim reaches losses comp never covers, like full pain and suffering and complete lost earnings, so workers usually come out ahead. The interaction has rules worth understanding, and we handle that coordination for you. The bottom line is that a third-party claim is generally an addition to your recovery, not a threat to your comp benefits.
I am already receiving workers' comp. Can I still bring a third-party claim?
Often yes, and the two can proceed together. Workers' comp covers part of your losses regardless of fault, while a third-party claim goes after a company other than your employer for the rest, including pain and suffering. Pursuing the third-party claim does not mean giving up your comp benefits, though how the two interact is worth reviewing with a lawyer.
The company responsible was not my employer. Does that make a difference?
It makes all the difference. You generally cannot sue your own employer for a workplace injury in Washington, but you can bring a claim against another company whose negligence hurt you, such as a different subcontractor or an equipment maker. Identifying that separate party is the heart of a third-party case.
Will filing a third-party claim get me in trouble with my employer?
A third-party claim is against another company, not your employer, so it does not target the people you work for. Washington law protects your right to pursue compensation from the party that caused your injury. We handle it professionally, and your employer's own comp coverage is a separate matter.
Talk to a Spokane Construction Accident Attorney
If you were hurt on a job site, workers' comp may not be the whole story, and settling for only that could leave real money unclaimed. Our Spokane attorneys find every responsible party and pursue the full compensation you are owed beyond your comp benefits.
Talk with our Spokane office at (509) 374-3111, or use our toll-free line at (833) 782-6387. We represent injured workers across Washington, and your first conversation is free.