Seattle Construction Accident Lawyers

Why Construction Workers Choose Bishop Legal

When a construction injury turns life upside down, you need a law firm built for complex, high-stakes litigation. Bishop Legal combines precedent-setting victories, deep insurance insight, and decades of real-world experience representing Washington’s workforce, including immigrant and Spanish-speaking laborers who are often the most vulnerable on job sites.

• Precedent-Setting Appellate Victories. Few firms can say they changed Washington law — we can. Our win in the Vargas case established that general contractors are ultimately responsible for WISHA safety compliance on multi-employer job sites. The decision reshaped contractor liability statewide and continues to influence every construction case filed in Washington.
• 20+ Years of Insurance Industry Insight. Attorney Derek Moore spent more than eight years as an insurance adjuster and has spent over 20 years at Bishop Legal litigating construction and workplace injury cases. He knows how insurers value claims and how to counter their tactics to maximize recovery.
• Proven Success Against Government Entities. Public construction projects create additional hurdles, but our record speaks for itself, including our $40M jury verdict against the Port of Seattle and an $11M settlement against the Port of Seattle. We excel in cases other firms hesitate to take.
• Trusted Advocate for Immigrant & Spanish-Speaking Workers. Our firm has long represented Washington’s Latino workforce and has secured multimillion-dollar settlements for immigrant laborers harmed by unsafe worksite conditions.

Understanding Third-Party Construction Injury Claims in Washington

Many injured construction workers in Washington believe their only option is to file a workers’ compensation claim through the Department of Labor & Industries (L&I). While L&I provides important benefits, it has significant limitations. It does not compensate workers for pain and suffering, diminished quality of life, full lost earning capacity, or the long-term impacts of a serious injury.

What many people don’t know is that workers’ compensation only applies to your employer, and Washington law allows you to bring a separate personal injury claim when someone other than your employer contributed to the unsafe condition that caused your injury.

These are known as third-party claims, and they are often where the most meaningful financial recovery comes from.

What Is a Third-Party Claim?

A third-party claim is a civil lawsuit against any individual or company—other than your employer—whose negligence caused or contributed to your injury. Washington’s workers’ compensation statute (RCW 51.24.030) expressly allows injured workers to pursue these claims.

Third-party cases frequently arise on construction sites because so many different companies share responsibilities for safety, supervision, and coordination. Even if you were hurt performing your own job duties, another company’s actions may have played a role.

Some of the most common third-party scenarios include:

• Unsafe worksite coordination on a multi-employer job site, such as when a subcontractor creates hazards that affect other workers.
• General contractor safety failures, such as inadequate fall protection, lack of site-wide oversight, or violations of WISHA standards.
• Defective or poorly maintained machinery, including forklifts, manlifts, hoists, and concrete equipment.
• Negligent operation of heavy equipment by workers employed by another company.
• Falls caused by another contractor’s failure to secure scaffolding, ladders, or elevated platforms.
• Electrical injuries caused by a subcontractor’s improper installation or failure to de-energize equipment.
• Injuries on government or public agency projects, such as Port of Seattle construction areas or municipal job sites.

These examples often overlap. Construction projects are active environments, and responsibility is rarely limited to one employer. That is precisely why Washington courts have reinforced broad protections for workers.

Who Can Be Held Liable?

Responsibility on a construction site depends on the roles and contractual obligations of each company involved. Under Washington law, liability may fall on:

• General Contractors. Washington courts have repeatedly held that general contractors bear a non-delegable duty to maintain overall job-site safety. Recent appellate decisions clarified that general contractors remain responsible for ensuring compliance with WISHA regulations, even when a subcontractor created the hazard.
• Subcontractors and Specialty Trades. Electrical, concrete, crane, roofing, and mechanical subcontractors can be liable when their work creates hazards for others on the job.
• Property Owners or Developers. Owners who retain control over safety, scheduling, or site conditions may be responsible for dangerous environments or inadequate oversight.
• Equipment Manufacturers or Maintenance Companies. If a piece of machinery malfunctions or fails due to poor maintenance or defective design, product liability or negligence may apply.
• Government Entities. Many construction projects in the Puget Sound region occur on public land or involve government agencies. Claims against these entities (such as the Port of Seattle) require special notice procedures, but Bishop Legal has a proven record of successfully pursuing them.

What Compensation Is Available in a Third-Party Construction Case?

Third-party claims allow injured workers to pursue full damages, not the limited benefits provided by L&I. Compensation may include:

• Full lost wages and diminished earning capacity
• Pain, suffering, and emotional distress
• Disfigurement or permanent impairment
• Long-term medical and rehabilitation needs
• Loss of enjoyment of life
• Loss of consortium (for spouses and families)

Because catastrophic construction injuries often require lifelong care and significantly affect a worker’s ability to earn a living, these damages can be substantial. Bishop Legal works closely with medical experts, vocational specialists, and economists to evaluate the full impact of an injury over decades, not just the first few months after an accident.

How Long Do I Have to File a Construction Injury Lawsuit?

Most third-party construction claims in Washington must be filed within three years of the date of injury.
However:

• Claims against cities, counties, or state agencies require a formal notice of claim and a 60-day waiting period before filing suit.
• Claims involving defective products may involve different timelines based on discovery of the defect.
• Wrongful death claims may involve different filing requirements depending on the circumstances.

Because missing a deadline can bar your right to bring a lawsuit, injured workers should speak with an attorney as soon as possible after an accident.