Best Construction Accident Lawyers in Yakima

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Founded in 1995
8 people in their team
English
LGP Law is a full-service law firm based in Yakima, Washington, offering a comprehensive suite of services including Personal Injury, Real Estate, Estate Planning, Probate and Business matters. The firm serves clients across Washington as well as neighboring states, including Oregon, Arizona and...
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About Construction Accident Law in Yakima, United States

Construction accident law in Yakima, Washington, blends state and federal rules to address injuries on building sites. The core framework includes workers compensation through the Washington Department of Labor & Industries (L&I) and safety regulations under the Washington Industrial Safety and Health Act (WISHA). Civil claims against third parties may also arise when others' negligence contributes to the accident.

In Yakima, most on the job injuries are handled through L&I's workers compensation system, which provides medical benefits and wage replacement. However, employees generally cannot sue their employer for damages in civil court because workers compensation is the exclusive remedy, with certain exceptions. Third parties such as contractors, subcontractors, equipment manufacturers, or site managers may be liable in civil court for negligence.

Because construction law in Yakima involves both state and federal standards, an attorney who understands local project practices, safety enforcement practices, and state court procedures can help you navigate claims efficiently. Local knowledge about contractors, unions, and area safety inspectors can influence case strategy and settlement outcomes.

Why You May Need a Lawyer

  • Scenario: You are injured on a Yakima construction site and the L&I claim is denied. A lawyer can review your medical records, gather site safety evidence, and appeal L&I's decision if benefits are wrongfully withheld. They can also determine if a third party shares fault for a separate civil claim.
  • Scenario: A bystander is hit by falling debris from a nearby project. This involves potential third party liability against the site owner or general contractor. An attorney can help preserve surveillance footage, obtain OSHA reports, and file a negligence claim.
  • Scenario: A subcontractor’s worker suffers electrocution due to faulty machinery. A lawyer can pursue a product liability or negligence claim against the equipment owner or maintenance contractor, while coordinating with L&I for benefits.
  • Scenario: A Yakima construction worker dies on site. A wrongful death action may be viable against responsible parties in civil court, in addition to death benefits available through workers compensation for the family.
  • Scenario: A misclassified worker is denied workers compensation coverage. An attorney can evaluate employee status, pursue back benefits, and address potential wage recovery or misclassification claims under WA law.
  • Scenario: A crane, scaffolding, or fall protection violation is discovered on a major Yakima project. A lawyer can coordinate OSHA investigations, explore civil accountability, and help you understand self-help options and settlements.

Local Laws Overview

Washington Industrial Safety and Health Act (WISHA) - RCW 49.17 and WAC 296-27

WISHA is the primary framework governing safety on Washington worksites, including construction sites in Yakima. The program is administered by the Department of Labor & Industries (DOSH), a division of L&I. It sets mandatory safety standards to prevent injuries and requires employers to provide a safe working environment. Enforcement and standards updates are ongoing, so workers should verify current requirements with DOSH.

For current statutory language, see the Washington State Legislature site for RCW 49.17 and related WAC rules, and the DOSH pages for construction safety rules. These resources describe employer obligations, citation processes, and workers' safety rights. RCW 49.17 - Washington Industrial Safety and Health ActWAC 296-27 - Safety StandardsWA DOSH - WISHA

Washington's WISHA program governs construction site safety and DOSH enforcement for injuries and violations on state worksites.

Source: RCW 49.17 and DOSH official pages

Washington Workers' Compensation Act (WA Workers' Comp) - RCW 51 and Related Provisions

Washington workers compensation provides medical benefits and wage replacement for work injuries. Typically, it is the exclusive remedy against an employer for on-the-job injuries, with few exceptions. Understanding whether you are classified as an employee or independent contractor affects eligibility and possible civil claims.

Key references include RCW 51 and WA L&I guidelines on claims, deadlines, and appeals. For general guidance, consult L&I resources and the WA Legislature site on workers compensation law. RCW 51.04 - Workers' Compensation ActL&I Claims Information

Federal OSHA Construction Standards - 29 CFR 1926

Federal OSHA standards apply to construction sites in Yakima, especially for federal projects or where federal oversight is invoked. These rules cover fall protection, crane operation, electrical safety, and hazardous materials handling. They operate alongside WA WISHA rules and can support civil claims when violations cause injuries.

For the federal framework, visit 29 CFR 1926 Construction Standards and OSHA regulatory resources at OSHA.

Construction Safety Standards - WAC 296-155

WAC 296-155 contains WA construction safety standards that address site safety practices, equipment operation, and protective measures. These rules are periodically updated by DOSH to reflect new safety practices and technologies. Always verify the latest version on the WA DOSH site or WA Legislature's WAC pages.

To review current construction safety text, see WAC 296-155 - Construction Safety Standards.

Sources cited above provide authoritative guidance on Yakima construction safety and liability frameworks: RCW 49.17, WAC 296-27, RCW 51.04, WAC 296-155, and 29 CFR 1926. OSHAWA DOSHRCW 49.17WAC 296-155

Frequently Asked Questions

What is the difference between workers' comp and a civil claim in Yakima?

Workers' compensation provides medical benefits and wage replacement regardless of fault, usually with no civil suit against the employer. Civil claims pursue damages for negligence by third parties such as contractors or equipment owners. A lawyer can determine which route applies and coordinate both where possible.

How do I file a workers' compensation claim after a construction injury?

Report the injury to your employer and file a claim with WA L&I as soon as possible. Include medical records, witness statements, and incident details. An attorney can help with filing deadlines and appeal decisions if a claim is disputed.

When should I contact a Yakima construction accident attorney?

Contact a lawyer promptly after an injury to preserve evidence and identify potential third-party defendants. Early legal guidance helps with claim timelines, evidence preservation, and coordinating with L&I and investigators.

Where can I find the right expert to evaluate a potential third-party claim?

Look for attorneys who specialize in construction law, personal injury, and workers' compensation. Ask about past settlements, trial experience, and familiarity with Yakima-area project sites and contractors.

Why might a civil lawsuit be possible even with workers' comp coverage?

If a third party's negligence caused your injuries, or if there is intentional misconduct or gross negligence, you may pursue civil claims separate from workers' compensation. A lawyer can assess all potential defendants and damages.

Do I need to prove fault to receive workers' comp benefits?

No, workers' compensation operates on a no-fault basis. You receive benefits regardless of fault as long as the injury occurred on the job and is reported properly. Some exceptions exist for intentional acts by the employer.

How much does a construction accident attorney cost in Yakima?

Most construction accident lawyers in Yakima work on a contingency fee basis, meaning you pay no upfront fees and the lawyer collects a percentage of any settlement or award. Confirm the fee structure during the initial consultation.

How long do construction accident cases take in Yakima?

Timeframes vary by case complexity and competing claims. Workers' comp matters may settle faster, while civil lawsuits can take months to years, depending on discovery and court schedules. Your attorney will provide a case timeline during your consultation.

Do I need to preserve evidence if I suspect a safety violation at a site?

Yes. Preserve photos, video, safety logs, maintenance records, and work orders. Do not remove or alter evidence, and notify your attorney immediately to coordinate with investigators and preserve key materials.

What is a typical early step after a construction accident?

Seek medical care, report the incident, and document all facts. Then consult a Yakima construction attorney to review workers' comp rights, identify potential third-party claims, and determine the best legal strategy.

Is there a time limit to file a civil claim for a construction accident in Yakima?

Yes, Washington has statutes of limitations for personal injury claims, typically three years from the date of injury. Exceptions may apply for minors or discovery rules, so consult an attorney promptly.

Can I get free legal help if I cannot afford a lawyer?

Yes. Several legal aid organizations and bar associations offer limited free or low-cost services for qualified individuals. An attorney can point you to appropriate resources in Yakima.

Additional Resources

  • Washington State Department of Labor & Industries (L&I) - DOSH - Official state agency enforcing WISHA safety standards and processing workers' compensation claims. L&I DOSH
  • Occupational Safety and Health Administration (OSHA) - Federal safety standards for construction sites, with guidance and enforcement. OSHA
  • Washington State Bar Association - Lawyer Referral Service - Helps locate qualified attorneys for construction accident matters and related issues. WSBA

Next Steps

  1. Gather your injury information - Collect medical records, incident reports, photos, and witness contacts within 7 days of the accident to build a factual base for your claim.
  2. Obtain immediate medical attention and begin documentation - Seek treatment and document all treatments, prescriptions, and follow-up visits for future claims or litigation.
  3. Identify potential responsible parties - List the general contractor, subcontractors, equipment owners, and site managers who may share fault for the accident.
  4. Consult a Yakima construction accident attorney - Schedule a consultation to discuss workers' comp eligibility, third-party claims, and evidence preservation. Expect a 1-2 week scheduling window in busy periods.
  5. Ask about fee arrangements and scope of services - Confirm contingency fees, recording of expenses, and the attorney's role in L&I appeals or civil cases. Get a written engagement letter before hiring.
  6. Preserve evidence and comply with deadlines - Do not alter site conditions and comply with any immediate requests from investigators or your attorney. Note all deadlines and statutory timelines with your attorney.
  7. Begin active case management - Work with your attorney to file L&I claims, pursue third-party actions, and coordinate any settlement discussions within a realistic 3- to 12-month window for early resolutions.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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