You will definitely want to contact a personal injury attorney if your L&I lawyer does not do "third party claims." If someone else, other than your employer, is liable or partly liable for your injuries, you can recover from the third party non-employer and then L&I or the employer if the employer is self insured is entitled to a certain percentage for reimbursement of medical and wage loss.
If the injury occurred while engaged in employment doing the kinds of things that the job typically requires, than it is likely a compensable injury under workers' compensation law. But a claim against a negligent third party for damages that are not covered by workers' comp may also be brought. You may need to contact both a workers' comp lawyer and a personal injury attorney. Each area of law is specialized, and not every law practice handles both types of cases.
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I agree with Dane. This could be covered under workers comp or could be an independent cause of action against the contractor. Be mindful of the statute of limitations (time period to file suit) in your state. I would recommend contacting a personal injury attorney in your state.
While workers compensation laws limit your ability to sue your own employer, if another party is negligent you may pursue a claim against that party even if the injury arose while you were working. Your fault issue is tough, but there may be enough to pursue a claim.
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It sounds like it happened while on the job. If you Not filed an Labor & Industries claim already, you should do so immediately. You need to be seen by a neuropsychololist which will involve a full day of testing. You need to be seen by a neurologist who understands traumatic brain injuries (TBI). One you get the treatment you need you can consider about claims against third parties. The general contractor has control over the work site which can complicate matter so you will need a personal injury lawyer that does construction claim. I hope you can recover fully.
Brain injuries are very serious and sometimes take a long time to recover from. You may have what is typically called a "third party" case against the contractor that caused your injuries. You need to have a personal injury attorney investigate the case for you to determine if you have a case and who was at fault.
You cannot pursue a claim for pain and suffering under worker's compensation, which is what you are currently receiving, but you may pursue pain and suffering, as well as any uncompensated wages in a third party cause of action.
Best of luck to you.
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You should contact an attorney who is experienced in handling both claims for injury on the job, outside of L & I, but also traumatic brain injury cases. Traumatic brain injury claims are generally more complicated, and require specialized handling and knowledge.
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