About

Workers’ compensation questions can get complicated fast. In our new Dear Julie series, Julie Nichols, outside counsel for BIAW’s ROII program, answers common questions contractors and employers face when navigating Washington’s workers’ compensation system.

Julie has been practicing law and helping building industry employers navigate Washington’s unique workers’ compensation laws and regulations for nearly 20 years, bringing practical insight to real-world claim situations ROII participants encounter every day.

DEAR JULIE,

 We just hired someone and he says he got hurt while working for us, but his friends say he has had problems with his knee for years. We don't believe we should be liable.

Signed,

— QUESTIONING IN QUINCY

DEAR QUESTIONING IN QUINCY,

In Washington, an employer is responsible for any disability, temporary or permanent, caused by an industrial injury, even if the disability is connected to a pre-existing condition. In other words, you can be responsible for lighting up or aggravating a "bad knee."

That does not mean you are liable for the underlying condition itself. These cases are extremely nuanced and effective case management depends on a close review of the medical file and expert analysis of the specific effects of the work incident and alleged aggravation and/or further deterioration of the bad knee.  

This is exactly why ROII has a medical case manager on staff to advise your claim representative.

Please note that the Q&A exchanges shared in Dear Julie are hypothetical scenarios loosely based on claims and cases that ROII staff handle daily. This information should not be considered legal advice. If you have a specific question or claim concern, please contact your ROII claim representative and/or your attorney.