Court Limits Design Professionals’ Immunity Under Workers’ Comp Law


Design professionals “retained to perform professional services on a construction project” in Washington are generally immune from third-party workers’ compensation lawsuits, unless the design professional contractually assumes responsibility for the safety of others or negligently prepares design plans or specifications. The state Supreme Court limited this statutory immunity last week when it held that an engineering firm was not entitled to the Industrial Insurance Act’s (“IIA”) immunity for the death of a sewage treatment plant worker. The case had two key rulings:

1. The Court ruled that there was no construction occurring in connection with the specific design work at issue, which consequently deprived the firm of the immunity protection; and

2. The Court said that the firm had negligently prepared design plans and specifications, even though none of those plans or specifications had been put in writing.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC | Attorney Advertising

Written by:


Lane Powell PC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.