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August 30, 2019

Does It Matter Who Was at Fault For The Workplace Injury Or Exposure?

workplace injury lawyer spokane

No. Washington State’s workers’ compensation provides sure and certain relief for injured workers and their dependents regardless of questions of fault. See RCW 51.04.010, which provides: “…certain relief for workers, injured in their work, and their families and dependents is hereby provided regardless of questions of fault…”

In 1911, Washington’s Supreme Court was asked to decide if an injured worker’s contributory negligence would prohibit an injured worker for making a valid claim under the Workman’s Compensation Act. The Court held, “Indeed, it is a common thing for an employer, in defense of an action of damages brought by his employee for injury received in such a situation, to urge that the dangers of the place were so obvious and apparent that the employee was guilty of contributory negligence for working therein. These conditions, we think, authorize the interference of the Legislature.” State v. Clausen, 65 Wash. 156, 208, 117 P. 1101, 1118–19 (1911).

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