Reinig, Barber & Henry Law Firm

The government may be held liable for injury to or wrongful death caused by the negligent of wrongful act or omission of a government employee acting within the scope of their employment.    The Federal Tort Claims Act (FTCA) is the exclusive remedy for actions in tort against the United States.

 The statute of limitations for a federal claim is different than the statute for a washington state claim.  A claim to a federal agency must be made within 2 years of the injury in order to toll the statute.  There are specific requirements to make a federal torts claim.  Attorney fees in FTCA cases are also different (generally 25% if filed and 20% if settled before filing).

Negotiating a settlement with an insurance company is an often frustrating and sometimes painful process.  Insurance companies are interested in saving money and you are interested in being justly compensated for your injuries.  If you have been involved in an automobile accident, the insurance company of the at fault party is legally responsible to pay you all medical bills that were related to and injuries caused by this accident.  The insurer may ask you to reveal your prior medical history to determine whether or not any of the injuries are pre-existing.

Don’t settle with an insurance company unless you feel comfortable doing so.  At Reinig, Barber and Henry we will gladly speak to you over the phone or in person about the offers you are receiving from the insurance company.  We will advise you whether or not we think the offers are justified by the facts and whether an attorney may be necessary.  This consultation is always free. 

Washington State Courts impose strict liability for injuries caused by ultrahazardous activities.  Firework injuries and blasting activities are two of these kinds of activities.   

In Klein v Pyrodyne Corporation, the Washington Supreme Court reiterated the long held conclusion that “parties detonating dynamite are strictly liable for the damages caused by such blasting.”  Klein v Pyrodyne Corporation, 117 Wash.2d 1, 801 P.2d 917 (1991).  This Court made reference to the multiple Washington decisions stating that detonating dynamite is subject to strict liability.  Id. citing Foster v Preston Mill Co., 44 Wash.2d 440 (1954);  Bringle v. Lloyd, 13 Wash.App 844 (1975); Erickson Paving Co v Yardley Drilling Co., 7 Wash.App. 681 (1972). 

Injuries caused by ultrahazardous activities are subject to strict liability which means that the responsible party is responsible for all damages caused.  Negligence need not be proven.

The tax code section reads specifically: “Section 104(a)(2) excludes from gross income the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. The term “damages received (whether by suit or agreement)” means an amount received (other than workmen’s compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.”

You or your doctor may note that your workers compensation/L&I injuries may have been caused by a third party.  Examples of third parties include a contractor on a sub contracted job; the manufacturer of a defective product; the driver of an automobile not employed by your employer.

Just because you were injured on the job, doesn’t mean that you are only entitled to L&I benefits.  Although you generally cannot sue your employer in Washington, if you were injured by a third party you may be entitled to benefits beyond what L&I covers.  You may be entitled to pain and suffering, general damages, future wage loss, etc.

If L&I believes that you may have been injured by a third party’s negligence they will send you a Third Party Election Form.  You are entitled to choose whatever attorney that you want.  You do not have to elect to have a special assistant attorney general represent you.

Reinig, Barber & Henry is experienced in the area of third party L&I.  We understand the claims system and how to work with L&I to help decrease subrogation and offsets.