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ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

Washington Legal Roundup – Division I

Elliot v. Dept. of Labor & Indus.

James Elliot was a construction worker.  One day, a fellow worker fell through a hole in a ceiling directly above him.  The fellow worker landed on his head on concrete about ten feet from Mr. Elliot and died. 

Mr. Elliot initially thought he was OK, but then started feeling guilty for having not complained about safety violations on the construction site.  He was also unwilling/unable to work at heights.  He was fired, became depressed, started drinking and using drugs.  He then went through rehab and was diagnosed with PTSD.

14 months after the death, he filed a claim for worker’s compensation benefits.  The Department denied the claim because there is a one year statute of limitations for filing claims for injuries.  The Board affirmed as did the Superior Court.  So did the Court of Appeals.  Harsh. 

The legal issue was weather a “discovery rule” applied in the context of worker’s comp claims.  Mr. Elliot was not aware that he was “injured” until well after he witnessed a co-worker fall on his head next to him.  His life spiraled out of control after he was fired.

The Court of Appeals simply said that under the worker’s comp statute, the triggering event is the incident giving rise to the injury, not the discovery of the injury itself.  The Court also said that that Mr. Elliot’s claim did not arise out of an “occupational disease” to which a longer statute of limitations arose.  Harsh.

Note to Legislature:  Fix this statute.  The worker’s comp statute was designed to be a safety net for workers who are injured on the job without regard to fault.  There was no safety net for Mr. Elliot

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