What if a third party is partially responsible for my construction accident?

If a third party is partially responsible for your construction accident, you may still be able to make a claim for damages under Washington law. In Washington, when an injured person is partially at fault for their injury, the legal doctrine of comparative negligence applies. Under this doctrine, the amount of damages for which a third party is liable will be reduced in proportion to the amount of fault attributed to the injured person. For example, if you were injured in a construction accident and it was determined that you were 20% at fault, and the third party was 80% at fault, you could still recover damages, but it would be reduced by the percentage of fault attributed to you. So, in this example, the third party would be liable for 80% of the damages related to the accident. In addition, Washington also has a law called the Washington Industrial Insurance Act, or WIIA, which provides workers’ compensation benefits to employees injured in work-related accidents. If a third party is determined to be negligent in causing the accident, the injured employee can bring a civil lawsuit against the third party in addition to filing a claim with WIIA. Overall, if you’ve been injured in a construction accident and a third party is partially at fault, you may still be able to recover compensation for your losses. Whether through a comparative negligence claim or a WIIA lawsuit, you may be able to seek damages from the third party.

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