The Filutowski Law Firm, PLLC

Each day 16 people die on-the-job by an avoidable cause. While the United States has federal and state regulations to protect workers, such as the Occupational Safety and Health Act (OSHA) and state Workers Compensation funds, the laws are not routinely enforced.  Workplace inspections are rarely done, exposing workers to avoidable hazards.

In Washington State, generally, you cannot sue your employer for an on-the-job injury.  The Department of Labor & Industries (L&I) workers’ compensation program offers a fixed sum of money to compensate one who lost a finger, limb, etc. on the job.  The program law offers a pre-determined “value” for your body and abilities.  There are a few exceptions:

1. Did the employer intend to cause harm or injury?  If so, Washington State law provides the employee a remedy.
2. What if the injury or death was caused by the negligence of another employee?   Did this employee lack the qualifications for the job, was inexperienced,  improperly trained, etc?  If so, then you may have a valid claim against your employer for negligently hiring or training the employee.
3. What if the equipment or machinery that caused the injury was negligently maintained by the employer or defectively designed by the manufacturer?  You may have a valid claims against the employer for negligent training and supervision of the employee.  You may also have a claim against the manufacturer for defective design and manufacturing of the machine or equipment.