Legal Question in Workers Comp in Washington
can i sue my x employer for willful intent to cause injury
I worked for Boeing Spokane,9 yrs.I was injury 4 times. Before the last injury I was told to take job analysis for my doctor to review and sign. He did reveiw them and signed them as I did according to(rcw ruling 51.32.090 return to lite duty.)I return to work, I wasn't put in any of the jobs, I was put in an area that they new would injury me again, according to the discription on the job. These were approved job analysis by L&I and Crawford, the self ins. I worked out side of my restriction and ended up in ER 5 hours after. The end result is torn ligaments to my hands and nerve damage. I had carpal tunnel back in 94 on both hands and I was just recently told I will have to repeat the surgery some time next year. My question is can I sue my x employer for willful intent. I recently have wrote a nasty letter to L&I showing them my documents, and they have ordered Boeing to take responsiblity for my torn ligaments. Do I have a chance to sue Boeing?
1 Answer from Attorneys
Re: can i sue my x employer for willful intent to cause injury
I am providing you with an excerpt from a WA case decision (Peterick v. the State of Washington, 22 Wash. App. 163, 589 P.2d 250 (Wa.App. 10/03/1977))on employer intentional injury. From your written facts, it does appear you may have a case but more research andinvestigation is needed.
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The pertinent statute on this issue reads as follows:
Action against employer for intentional injury. If injury or death results to a workman from the deliberate intention of his employer to produce such injury or death, the workman, surviving spouse, child, or dependent of the workman shall have the privilege to take under this title and also have cause of action against the employer as if this title had not been enacted, for any excess of damages over the amount received or receivable under this title.
RCW 51.24.020.
The question as to what amounts to injury from a "deliberate intention" has been met in a number of recent cases. In Winterroth v. Meats, Inc., 10 Wash. App. 7, 9, 516 P.2d 522 (1973), the plaintiff claimed the cause of his injury was directly attributable to the fact that his employer "knowingly failed and refused to comply with the correction measures issued by the Department of Labor and Industries," and that such actions amounted to aggravated, serious and willful misconduct, thereby fitting within the "deliberate intention" statutory exception.
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