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Appeal or file a Civil Suit Washington

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  • Appeal or file a Civil Suit Washington

    If I lose my workmens' compensation appeal to the BIIA for an injury claim-Trauma case, can I directly sue my former employer (not in good faith reprimands and negligence) or do I have no choice but to appeal to Superior Courts?

  • #2
    Workers Comp is the exclusive remedy for work related injuries and illness.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Exception to the rule-exclusive remedy WC

      I have just read there are two exceptions to the exclusive remedy for workplace injury and occupational illnesses resulting in the place of employment. 1.) Third party negligence -, ie injury caused by a faulty equipment and 2.) Employer recklessness- i.e. if your emloyer was in violation of OSHA regulation or knew about safety risk and did nothing about it.


      Question: If this is true, can a lawsuit against your employer be filed simultaneously while appealing to the BIIA and/or Superior court?

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      • #4
        As long as your are litigating seperated issues. You cannot sue in Superior Court for the physical injuries that you are litigating in Worker Comp. You don't get two bites at the apples like that. The only issue that you might be able to pursue in Superior Court would be the work place negligence and the OSHA violations. You need an attorney to give you the real skinny on this deal.

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