Free F800-074-000 - Washington

F800-074-000 [05/2003]

Third Party Action
Please read the important information in this pamphlet. Then, you must complete and sign the form on page 3, and mail it to the Department of Labor and Industries.

Crime Victims

Questions?
What is a third party?

-- Here are some answers

Because you were injured as a result of a crime, and you filed a Crime Victims Compensation claim. Someone who may have caused or contributed to your injury. Examples include: · The driver of a car that hit you. · The person who hit you with their fists. · The person who sexually assaulted you. · The tavern that over-served the intoxicated driver who struck you. A legal action against the liable party. The intent of the action is to recover a dollar amount equal to the damages incurred as a result of the crime. No. However, the law does require you to make a choice. You must either pursue the action yourself, with or without an attorney (Option A), or assign the action to the Department of Labor and Industries' Crime Victims Compensation Program (Option B). You are required to complete this form. Failure to complete this form and return it to Labor and Industries within the required time may result in assignment of the third-party action to the department. Any further action is at the discretion of the department. First, you must notify Labor and Industries that you decided to pursue the action. The law also requires that you or your attorney notify the department when a lawsuit is filed and keep the department informed of the progress of the action. In fact, if the action is not diligently pursued, the department can petition the court to have it assigned to the department.

Why was I sent this form?

What is a third-party action?

Do I have to pursue a third-party action?

What if I do nothing?

What are my responsibilities if I decide to pursue the action myself (Option A)?

In addition, the law requires that you or your attorney obtain department approval of a settlement under certain circumstances. If a settlement is insufficient to cover the cost to reimburse the Crime Victims Compensation Program, we can deny approval or can declare void any settlement to which you have agreed. Finally, the law requires that you or your attorney advise the department of the amount that has been recovered and the attorney fees and costs associated with the recovery, and repay the department for your Crime Victims Compensation benefits.

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What are my responsibilities if I decide to assign the action to Labor and Industries (Option B)?

Labor and Industries will decide whether to pursue the action. Your help may be necessary in making this decision. In addition, if an action is filed, your deposition testimony or in-court testimony may be required. This, of course, is true whether you assign the action to the department or pursue it yourself.

If I assign the action to Labor and Industries (Option B), what will the department do?

When you assign the action to the department, you are freed from personal responsibility to pay the legal costs involved in such actions. However, you also give up your right to control the action. The department will decide whether to pursue the action.

How does the third-party action affect my Crime Victims Compensation claim?
You are entitled to receive your Crime Victims Compensation benefits until a recovery is made. However, once the recovery is made, you must reimburse Labor and Industries from your settlement. Depending on the amount recovered, your benefits may stop for a period of time.

How does the third-party action benefit me?

You may receive money from a third-party action pursued under RCW 7.68.050. You may recover money for all of your losses related to the crime, which may exceed the benefits payable on your claim. The law specifies how a recovery is to be distributed among you, your attorney (if any), and Labor and Industries on behalf of the Crime Victims Compensation funds. The department may also seek recovery of costs by other methods in addition to options A or B. If the offender is convicted, we may request the court to order restitution, payable to the department for our costs. We may also pursue a recovery directly from the offender for an amount equal to our costs. If money is received by either of these last two methods, you will not receive a portion of the money recovered. However, any money received by the department from the offender will reduce your responsibility to reimburse the department from other recoveries you may make.

What do I do now?

After reviewing this material, please make your decision, sign the form, and mail it to Labor and Industries.

Please note:
Labor and Industries believes that all the information in this pamphlet is correct. However, this pamphlet is intended only as a general guide. It is not intended to address specific cases or every possible situation, nor is it intended to be an interpretation of the law. Moreover, the law regarding third-party recoveries can change and can be complex. You are free to consult with an attorney or call the department for more information.

L&I service centers
Labor and Industries operates local offices to serve your needs. They are listed under Washington, State of in the white pages or government listings of your telephone book. If you have questions, please call the office nearest you, or dial toll-free: 1-800-762-3716 (TDD 360-902-4974)
This document is available in other formats to accommodate persons with disabilities. For assistance, call 1-800-762-3716. (TDD users, please call 360-902-4974.) Labor and Industries is an Equal Opportunity Employer.

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Crime Victims Compensation Program
-- Helping victims recover from the effects of violent crime
Department of Labor and Industries Crime Victims Compensation Program PO Box 44520 Olympia, WA 98504-4520

The Crime Victims Compensation Program provides benefits when there are no other sources available to the victim. However, the person who committed the crime should be held responsible for the damages caused by his or her actions. The law requires the Department of Labor and Industries be advised of all recoveries or benefits victims receive from third parties or insurance coverage. You will be required to reimburse the department for the benefits paid on your claim when you receive money from other sources. When money is paid back to the Crime Victims Compensation funds, it allows the department to continue to provide benefits to victims of crime. If you have questions, write us at the address shown at left or call 1-800-762-3716.

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