Local Car Accident Lawyer
The number of negligent drivers is on the rise. It has been estimated that one out of every four accidents can be linked to using a cell phone while driving. This estimate includes texting, looking at apps and making phone calls. If you have been in an automobile accident because of another’s negligence, you are going to pay the consequences for their poor decisions for a long time. Once the accident scene has been cleared away, the long-term consequences begin. You may be facing hospital bills, physical therapy, lost wages from work, and changes in your daily life. You may even suffer the loss of a loved one. Your whole world can be changed because of the bad decisions of another driver. Instead of working through the stress alone, The Walthew Law Firm is here to help you navigate the troubled waters of the legal system. We work to reduce your stress because we assist you throughout the process of getting the compensation you deserve. If you have been involved in an auto accident in Tacoma, our legal team is ready to give you the representation you need to begin the process of resolution.
Contact The Walthew Law Firm
Having the right people on your side can change everything. You need a proactive, dedicated legal team who will assist in you getting the compensation you need to move through this difficult time in your life. Our Tacoma auto accident attorneys have a proven record. We understand the legal system and the steps that need to be taken after an auto accident. One of the biggest differences you will find with The Walthew Law Firm is that we listen. We listen because we want to know you and understand your specific needs. That is the key to being a good attorney. Our team of legal professionals works closely with you to better understand your case and obtain the best possible outcome. You shouldn’t have to worry about lost wages or having your medical bills paid. That is why you need The Walthew Law Firm. With us on your side, you get third-party car accident attorneys that have years of experience working through legal issues. When you hire us, you are putting our extensive years of work experience to work for you. If you want dedicated representation, you need to contact our Tacoma auto accident lawyers.
L&I Pension Cases
When you hear the term “pension,” you probably think of retirement benefits. A Washington workers’ comp pension is different. RCW 51.08.060 defines permanent total disability (pension) as: “loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the worker from performing any work at any gainful occupation.” If you cannot return to work after an on-the-job accident or disability occupational disease, an L&I pension may be your best option.
At The Walthew Law Firm, our top-rated Washington workers’ compensation attorneys have extensive experience handling L&I pension cases. We want to make sure that you have the tools and knowledge you need to protect your interests. Here, you will find a guide to L&I pension benefits in Washington. If you have specific questions about L&I pensions, your legal rights, or options, please contact our law firm for immediate help.
An Overview of Washington State L&I Pensions
Washington workers’ compensation pension benefits are paid directly by Labor & Industries. You may be eligible for L&I pension benefits whether or not your date-of-injury employer offers its own pension plan. These benefits are designed to support workers who cannot return to work because of many factors – their age, education, work history, pre-existing disabling conditions, and the effects of the industrial injury or occupational disease. Here are three key things to know about L&I pensions in Washington State:
- L&I Pensions are for Workers Who Will Never Return to Work: The single most important thing to know about L&I pensions is that these benefits are for injured workers who cannot return to gainful employment. Under Washington law (WAC 296-14-150), gainful employment is defined as a regular occupation for income or salary. Put another way, if your doctor or vocational counselor says that you cannot ever work again because of a job-related injury or illness, you should pursue L&I pension benefits.
- Pension Benefit Payments are based on Your Time Loss Rate: Pension benefit payments are paid for your lifetime and, if you elect, for your spouse or child’s lifetimes. You may be wondering: how is my pension calculated? The short answer is that your monthly wages at the time of your accident, receipt of Social Security benefits, and whether you select an Option to provide benefits to a spouse, child, or domestic partner determine your pension rate. Notably, Washington State L&I pension benefits are not counted as taxable income for Federal income tax purposes.
- Qualifying for an L&I Pension Can Be Challenging: Unfortunately, it is not always easy for injured workers to receive an L&I pension. You need to present a strong case that proves that you cannot work again at gainful employment. Many factors will be considered in assessing eligibility, including your age, education, and work experience. Most importantly, injured workers need comprehensive, compelling medical and vocational documentation that prove permanent total disability. A workers’ compensation lawyer can help you put together the medical and vocational information and opinions that you need to support your claim.
Only a small percentage of workers’ compensation claims in Washington end in an L&I pension. The claims process and path to a total disability pension is difficult to navigate. You do not have to go through it alone. If you or your loved one cannot return to the workforce after suffering a job-related injury or developing an occupational disease, contact an experienced Seattle L&I pension attorney for immediate help.
Workers’ Compensation Video
Learn more about:
- Car Accidents
- Denied Benefits and Appeals
- Depression
- Hand and Arm Injuries
- Hip and Knee Injuries
- L&I Benefits
- L&I Medical Care
- L&I Pension
- Loss of Earning Power
- Medical Treatment
- Neck and Back Injuries
- Overview of the L&I Claims Process
- Permanent Partial Disability
- First Responders
- Shoulder Injuries
- Structured Settlements
- Time Loss Compensation
- Total Disability Pension
- What’s Your L&I Claim Worth?
- Vocational Retraining
L&I Pensions in Washington: Frequently Asked Questions (FAQs)
Q. How is an L&I Pension Different from a Permanent Partial Disability (PPD) Award?
A PPD award compensates workers who have a permanent partial impairment as a consequence of their on-the-job injury or occupational disease. It is a fixed amount that is paid to workers who have or can return to gainful employment even in a less lucrative, light-duty position. In contrast, an L&I pension is for impaired workers who cannot work again.
Q. Are L&I Pension Benefits Adjusted for Cost-of-Living?
Yes. Each year, the Department of Labor & Industries calculates and applies a cost-of-living-adjustment (COLA) to workers’ compensation benefits. L&I pension benefits usually increase each year to account for cost-of-living changes. The specific COLA benefit will depend on the change in the state average wage for the previous year.
Q. Will My Social Security Disability Benefits Affect an L&I Pension?
They might. Under Washington State law, an offset may be applied to an L&I pension based on receipt of Social Security disability or Supplemental Security Income (SSI) benefits. If you are applying for (or receiving) Social Security disability or SSI benefits, an experienced Washington workers’ compensation lawyer will make sure that your benefits are paid according to the offset laws so that you get the maximum benefits possible.
How the Washington L&I Pension Attorneys at The Walthew Law Firm Can Help
The workers’ compensation claims process is notoriously complex—especially so for people who suffered severe injuries. At The Walthew Law Firm, we are committed to helping injured workers and their families maximize their workers’ compensation benefits. You may be entitled to an L&I pension. When you contact our Seattle office, you will have an opportunity to speak to a Washington workers’ compensation lawyer who can:
- Conduct a free, comprehensive review of your L&I pension case;
- Answer questions and explain your rights/options under Washington state law;
- Investigate the case—gathering medical records, vocational records, and claim file; and
- Take all necessary steps to help you get the full and fair L&I pension benefits you deserve.
We are committed to providing personalized workers’ compensation representation to each and every client. With more than 80 years representing injured workers in Washington state, our firm has a long history of success handling complex claims. We are prepared to put the time and resources into your L&I claim to ensure that you get the best possible outcome.
Call Our Washington L&I Lawyers for Immediate Legal Help
At The Walthew Law Firm, our Washington workers’ comp attorneys have the skills, knowledge, and legal experience to help you and your family maximize your benefits. If you have any questions or concerns about qualifying for an L&I pension, we are more than happy to help. To set up a no-cost, no-obligation review of your case, please contact us right away. With offices in Seattle and Everett, we handle L&I pension issues throughout Washington, including in Bellevue, Tacoma, Kirkland, Redmond, Renton, Tukwila, Shoreline, Kent, Federal Way, and Lynnwood.
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Unfortunately, car crashes happen to even the safest of drivers. Insurance industry groups estimate that the average motorist will be in four to six traffic collisions during their lifetime. While any collision is stressful, a car accident is all the more complicated during adverse winter weather.
Winter weather accidents are a risk in western Washington. It is crucial that drivers know what to do after a crash and how to properly prepare for the winter driving season. In this article, our Seattle car accident lawyers highlight the key things you need to know about winter weather driving in Washington.
Know the Dangers of Winter Driving in Washington
It is no surprise that winter weather increases the risk of an accident. Winter is associated with the potential for slick roads, reduced visibility, and a greater percentage of nighttime driving. Unfortunately, while most people are broadly aware of the risks of driving in adverse winter weather, crashes remain a very serious public safety problem. According to a report from the Federal Highway Administration (FHWA), approximately 115,000 people are injured and 1,300 people are killed in winter weather-related accidents each year.
Washington drivers need to be ready for winter weather. The FHWA classifies the entire state as a ‘snowy region’—regions where adverse winter weather is likely to occur at least a few times per year. Although the City of Seattle only averages a few inches of snow annually, you do not have to travel far towards the Cascades to get to areas that receive enormous amounts of snow each year.
Six Steps to Take If You are Involved in a Winter Car Accident
Following a winter traffic collision, it is imperative that you know how to protect your health, your family, and your legal rights. There are some basic things to do to put yourself in the best position to recover from the collision. Here are six steps that you should take after a winter weather motor vehicle accident in Washington:
- Stop Your Vehicle: Under Washington law, all drivers are required to stop their vehicle and remain at the scene of a collision, except for emergency medical needs. You should get immediate medical care for any serious injuries.
- Call the Police: If someone was hurt or there was significant property damage, the crash should be reported to law enforcement. Call the police right away.
- Control the Scene: Winter weather collisions can be especially frightening. You need to get yourself and your family to safety. Whether that means staying somewhere warm or moving away from a slick stop where a moving vehicle could slide, safety should always come first.
- Exchange Information and Document the Crash: The more information you have, the easier it will be to bring a car accident injury claim. Beyond exchanging information with the other driver(s) involved in the wreck, make sure you take pictures of the crash and the road, and record any other relevant details.
- Seek Medical Care for Any Injuries: All car accident injuries should be evaluated by a doctor. Even if you do not require emergency care, make sure you get an examination. You cannot bring a car accident injury claim for compensation without medical records.
- Be Ready to Call a Lawyer: If you or your loved one was hurt in a crash, it is best to consult with a car accident attorney before giving a statement to an insurance adjuster—even if that representative is from your own insurer.
How to Prepare Your Vehicle for the Winter Driving Season
With winter driving in our region, careful preparations can make all of the difference. The Washington State Department of Transportation (WSDOT) recommends that motorists take the following four precautions:
- Put together a winter weather road safety kit, including blankets, hand warmers, flashlights, and bottled water;
- Drive slower and leave additional distance between vehicles;
- Make sure you have the proper traction on your tires; and
- Check the road and weather conditions before starting your trip. When in doubt, do not drive.
Schedule a Free Consultation With a Car Accident Attorney in Seattle
At The Walthew Law Firm, our Washington car accident injury lawyers fight aggressively to protect the rights and interests of our clients. If you or someone you know was hurt in a winter weather traffic collision, we are available to help. Contact our firm now for a free, no obligation initial consultation. We represent motor vehicle accident victims throughout Western Washington, including in Seattle, Tacoma, Renton, Lakewood, Bremerton, Marysville, and Lynnwood.
It has been a difficult year for public health in our region. The Washington State Department of Health reports that more than 227,000 cases of the COVID-19 virus have been confirmed as of December 25. Unfortunately, the virus continues to spread at higher rates—more cases were reported in Washington in November than in any other month of the pandemic.
As the COVID-19 pandemic remains a public health problem in Washington, more and more people have questions about telehealth services. State officials have put some temporary regulations in place to facilitate virtual health services. Here, our Washington workers’ comp lawyers provide an overview of remote medical visits, COVID-19, and work injury claims.
What is Telehealth?
Telehealth is a broad term used to describe medical services through electronic and telecommunication technologies, including remote medical visits. Because Governor Inslee declared a state of emergency related to COVID-19, the Department of Labor & Industries (L&I) created regulations that allowed for telehealth visits. Initially scheduled to end in July 2020, L&I extended authorization for telehealth visits through June 30, 2021.
What are the Benefits of Remote Medical Visits?
Remote medical visits offer significant potential benefits to injured workers, especially during the COVID-19 pandemic, while substantially reducing the risk of contracting the virus. According to the Centers for Disease Control Prevention (CDC), the benefits of telehealth services and remote medical visits include:
- Lower risk of exposure to the COVID-19 virus;
- Quicker access to necessary medical services, particularly screening;
- Better monitoring of ongoing treatment and patient progress; and
- Effective follow-up care for patients.
Remote Medical Visits and Your L&I Claim: Understanding the Basics
If you or your loved one was hurt on the job in Washington, you are entitled to all medical care that is proper and necessary. Under Washington’s workers’ comp laws, proper and necessary medical treatment can include remote medical visits and other types of telehealth services. To get remote medical care covered under workers’ compensation insurance in Washington, the following requirements must be met:
- The telehealth provider must be properly licensed and part of L&I’s Provider Network;
- The worker must have previously established care with the medical provider. The worker can stay in his or her own home for the telehealth visit;
- The remote medical visit must include both audio and video; and
- The telehealth provider should submit the proper report/documentation authorizing the remote medical exam.
Additionally, the injured worker’s medical provider can complete, sign, and submit an Activity Prescription Form (APF) during a telehealth visit. L&I updates its rules and regulations regarding COVID-19 and telehealth visits to protect injured workers.
Important: Emergency COVID-19 Regulations Allow In-Home Remote Medical Visits
Under pre-COVID rules, origination sites are medical facilities such as hospitals, clinics, and doctors’ offices. In normal times, a worker cannot use their own home as an origination site. However, the State of Washington has put temporary emergency regulations in place to allow injured workers to get remote medical services from their homes.
Remote IMEs
On July 29, 2020, the Department of Labor & Industries updated its official Temporary Record Review & Telehealth Independent Medical Exams (IME) Policy. LNI wrote:
Labor and Industries (L&I) is temporarily allowing the delivery of independent medical exams (IME) via telehealth, and record reviews. This temporary telehealth policy helps limit the spread of the coronavirus (COVID-19) outbreak, while still allowing exams to occur.
This allows injured workers to use their own home for the purposes of an IME. The policy is currently set to expire on June 30, 2021. At that point, Washington’s workers’ comp telehealth regulations will revert back to the pre-COVID-19 rules.
Know the Limits of Telehealth and Workers’ Comp in Washington
Injured workers should understand the limitations of remote medical visits and telehealth services. While remote medical visits can be a very useful tool, they may not be sufficient for full treatment and evaluation. As mentioned above, remote medical visits are useful for follow-up appointments and psychotherapy services.
Get Help from Our Washington Workers’ Comp Attorneys Today
At The Walthew Law Firm, our workers’ compensation lawyers deliver reliable, effective legal services to clients. If you have any questions about remote medical visits, our attorneys are ready to answer your questions. We are fully prepared to help you during a virtual legal consultation. Contact us today to set up a free, completely confidential review of your legal case. With office locations in Seattle and Everett, our law firm represents injured workers throughout the wider Puget Sound region, including in Kirkland, Bellevue, Kent, Vashon Island, Federal Way, Tacoma, Buckley, and Olympia.
Washington State is only as strong as its workforce. Every employee deserves safe working conditions. Unfortunately, job-related accidents and illnesses remain a significant public health problem. According to the latest data published by the Department of Labor (DOL), there were 2.8 million nonfatal workplace injuries and illnesses reported in the United States in 2019 alone. Approximately one-third of those accidents (888,220 in total) required an employee to miss at least one day of work. If you were hurt at work in Washington State, you are entitled to high-quality medical treatment for your injury or illness.
Through an L&I claim, you have the right to seek treatment for your injuries, although the claims process can be somewhat difficult to navigate. At The Walthew Law Firm, we have represented injured workers in Washington for more than 80 years. In this article, our Seattle workers’ compensation lawyers provide an in-depth guide to L&I and medical care. If you have any specific questions about medical treatment or workers’ compensation claims in general, we encourage you to call our office to schedule a free initial consultation.
Know Your Rights: An Overview of L&I Medical Care
You Have the Right to Proper and Necessary Medical Care
In Washington, employers must provide no-fault workers’ compensation insurance to their employees with few exceptions. If you are injured on the job, and your claim is allowed, your workers’ compensation benefits should include medical treatment that is deemed “proper and necessary.” Under Washington law, Labor & Industries (L&I) or a self-insured employer should pay for all medical/health services related to the accepted diagnoses and conditions resulting from your injury or illness. The term proper and necessary is defined to include any medical treatment that is both:
- Reflective of accepted standards of good practice; and
- Curative or rehabilitative and related to the accepted injury/illness.
Of course, it is not always clear as to what constitutes “proper and necessary” medical care or rehabilitative treatment. If you believe that you were denied proper and necessary medical treatment through L&I or a self-insured employer, our Seattle, Washington workers’ compensation lawyers can help.
You Have the Right to Choose Your Own Physician
The doctor-patient relationship is an important one. If you were injured on the job or you developed a debilitating occupational disease, you need a physician you can rely on to provide high-quality care.
Neither your employer nor the claims manager has the legal authority to make you go to one specific doctor. In Washington, injured workers have the right to choose their own doctor so long as they are part of L&I’s provider network. Your selection matters. A supportive doctor can help you throughout your L&I claim by certifying your time loss benefits and advocating for medical treatment.
If you need to change your doctor, your claims manager must approve that transfer (WAC 296-20-065), although no reasonable request should be denied. You should immediately notify your claims manager of the selection of your new doctor and make sure the transfer is approved. Before changing doctors, you may want to consult with a Washington workers’ compensation lawyer for guidance.
You Have the Right to Protest or Appeal Denial of Treatment
Ideally, the Department of Labor & Industries will allow your claim, approve your medical care, and allow you to recover without much trouble. Unfortunately, the claims process is not always so straightforward. L&I or a self-insurer may deny coverage for some or all of the medical treatment your doctor recommends. Under Washington law, you have the right to protest or appeal the denial of your benefits once L&I issues a denial order.
There are strict deadlines for protesting or appealing the denial of workers’ compensation medical coverage. If you believe that your treatment was improperly denied, contact an experienced Washington workers’ compensation attorney for immediate assistance. A workers’ compensation lawyer can review L&I’s denial and put together the documents, records, and evidence to file a timely appeal.
L&I Covers Treatment Until Maximum Medical Improvement (MMI) or Closure of the Claim
As noted above, injured workers have the right to medical treatment that is proper and necessary. This raises an important question: When does medical treatment end in a workers’ compensation claim? In Washington, per WAC 296-20-01002 (3), L&I or a self-insurer will cover the cost of treatment:
…once a worker reaches a state of maximum medical improvement. Maximum medical improvement occurs when no fundamental or marked change in an accepted condition can be expected, with or without treatment. Maximum medical improvement may be present though there may be fluctuations in levels of pain and function. A worker’s condition may have reached maximum medical improvement though it might be expected to improve or deteriorate with the passage of time. Once a worker’s condition has reached maximum medical improvement, treatment that results only in temporary or transient changes is not proper and necessary. “Maximum medical improvement” is equivalent to “fixed and stable.”
Maximum medical improvement is defined as the point when the injured employee cannot reasonably be expected to get any better with further treatment. To be clear, MMI does not necessarily mean a complete recovery. This means that your claim could be closed and your medical coverage ended even if you are not fully recovered from your injuries.
Maximum Medical Improvement is a Medical Opinion
It is not always clear whether an injured worker can benefit from additional treatment. Indeed, one doctor may believe that your condition could dramatically improve with additional physical therapy, while a second doctor may state that MMI has already been reached.
It is crucial that injured workers present a strong and compelling case for continued medical benefits if their doctor states that more treatment is needed. Even if the claims manager thinks that an individual has reached maximum medical improvement, that may not be the case.
Workers’ Compensation Video
Learn more about:
- Car Accidents
- Denied Benefits and Appeals
- Depression
- Hand and Arm Injuries
- Hip and Knee Injuries
- L&I Benefits
- L&I Medical Care
- L&I Pension
- Loss of Earning Power
- Medical Treatment
- Neck and Back Injuries
- Overview of the L&I Claims Process
- Permanent Partial Disability
- First Responders
- Shoulder Injuries
- Structured Settlements
- Time Loss Compensation
- Total Disability Pension
- What’s Your L&I Claim Worth?
- Vocational Retraining
Five Common L&I Medical Care Challenges (And How to Protect Your Rights)
1. L&I Wants Me to Submit to an Independent Medical Examination (IME)
An Independent Medical Examination (IME) is a medical appointment scheduled by the claims manager during which a doctor or doctors evaluate a worker’s medical condition. During the evaluation, the “independent” doctor weighs in on the nature and severity of a worker’s injuries and medical conditions and the necessity for additional treatment.
Under Washington law (WAC 296-23-302), L&I or a self-insurer has the right to request an IME to evaluate the claimant’s injuries or occupational illness. Notably, the term “independent” can be misleading. An IME is conducted by a doctor who is paid by L&I or the self-insured employer. The Independent Medical Examination is the claims manager’s or the employer’s evaluation.
Assuming that it was properly requested, you are required to go through an IME to get your workers’ compensation claim approved. Although it can be frustrating and even intimidating to deal with an IME, failure to attend such an examination can jeopardize your medical treatment and time loss compensation.
Claims managers often schedule IMEs when they are considering ending treatment, closing a claim, or otherwise denying benefits. You must be properly prepared for the examination. There are proactive steps that you can take to get yourself ready for a so-called Independent Medical Examination.
2. L&I Says Medical Treatment is Not Related to My Work Injury
Under Washington State law, L&I and self-insured employers are required to pay for treatment related to an employee’s work injury or occupational disease. If L&I denies your medical treatment or rehabilitative care as not related to your injury, you need to take immediate action to protect your rights.
Sometimes a new condition arises from an accepted condition and your doctor says the new condition is related to the original injury or occupational disease. Your claims manager denies the new condition and any treatment related to that new condition. At that point, it is a good idea to consult with your doctor and with a workers’ compensation attorney. Whether a medical condition and treatment are connected to the workplace injury or disease can be a complicated matter. You may need to hire an attorney and file a protest or appeal challenging the improper denial of your workers’ compensation benefits.
3. I Do Not Have a Doctor—And I Am Not Sure How to Find One
Injured workers can always benefit from finding a reliable doctor. Not only will a great doctor ensure that you get the proper care, but they can also document your entitlement to benefits through your workers’ compensation claim. Unfortunately, it is not always easy to find the right doctor.
In fact, in Washington, not every physician is willing to accept L&I patients. There are many different reasons for this—from the heightened paperwork requirements to lower billing rates for procedures to the fact that the agency sometimes makes it challenging for a doctor to provide care without disruption.
The Department of Labor & Industries has a database that you can use to search for doctors and medical providers who accept workers’ compensation patients. In addition, a local workers’ compensation claims attorney may be able to recommend some physicians in your area.
4. I Need to Reopen My Claim for More Treatment.
Sometimes, a worker’s medical condition worsens after claim closure. If your claim closed by order and more than 60 days elapsed from when you received the closing order, you can apply to reopen your claim for “aggravation” or worsening of your medical condition. You and your doctor must submit the reopening application to L&I, and L&I must act on that application within 90 days (or 150 days if an extension is granted by order). You can reopen a claim at any time and receive medical treatment, but payment of monetary benefits can only be paid if a claim is reopened within seven years of first claim closure. After seven years, it is discretionary on the part of the Director of L&I whether such monetary benefits will be paid.
Claims managers frequently obtain IMEs to determine worsening. If your application to reopen is denied, you must take action to protect your rights as reopening a claim can be complicated.
5. I Feel Overwhelmed Navigating the Claims Process
The workers’ compensation claims process is notoriously confusing—particularly if you run into any resistance from L&I or the self-insured employer. You are certainly not alone. You may have questions like, how do I initiate the L&I claims process or what is my L&I claim worth? Alternatively, you may have a specific and technical matter that you need guidance with.
You should never hesitate to seek professional guidance. During a free, completely confidential initial consultation, our workers’ compensation lawyers will review your case, answer your questions, and explain the next steps you need to take to obtain coverage for medical care and the full monetary benefits you are owed. If your L&I benefits have been denied, we are ready to get started right away on your case.
Contact Our Washington L&I Attorneys for a Free Consultation
At The Walthew Law Firm, our Washington workers’ compensation lawyers are experienced, effective advocates for injured workers. Our practice is devoted to protecting the rights of injured workers and their families. You deserve high-quality medical care and full and fair workers’ compensation benefits.
If you have any questions or concerns about L&I medical care and your rights, we are ready to get you answers. Contact our firm today to schedule your free case evaluation. From our office locations in Seattle and Everett, we proudly represent people throughout Western Washington, including in Tacoma, Bellevue, Olympia, Kent, Puyallup, Issaquah, SeaTac, Kirkland, and Lynnwood.
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Social media helps people connect and share their lives with friends and family members. No longer are popular sites like Facebook, Instagram, and Twitter merely for young people. While just five percent of American adults were on social media in 2005, the Pew Research Center reports that nearly three quarters of people use at least one social media site. While use of these platforms is common and unproblematic for the most part, it is important for injured workers to understand that your social media posts could undermine your workers’ compensation claim.
At The Walthew Law Firm, our Seattle workers’ compensation lawyers are strong advocates for the rights and interests of injured workers and their families. Our legal team wants to ensure that everyone has the information that they need to protect themselves. Here, we explain the most important things that you should know about the risks associated with posting on social media while your work injury claim is in progress.
Social Media Posts Can Be Taken Out of Context and Used to Downplay Your Injuries
Social media posts are not automatically protected by law. Anything you choose to share on social media can be used as admissible evidence in a workers’ compensation case, a personal injury case, or other legal matters. This means your posts could potentially be seen by your employer, an insurance adjuster, or someone from the Washington State Department of Labor & Industries (L&I).
Unfortunately, a social media post can also be taken out of context and used to paint a misleading picture. As an example, imagine that you suffered a significant back injury on the job. You filed a workers’ compensation claim to receive medical care and time loss benefits. During your recovery, you post a picture of yourself smiling while taking a walk in the park on a bright sunny day.
A claims manager could try to use that post to argue that your injury is not “that bad.” After all, you are out there enjoying a nice day. Of course, that one social media post fails to show the whole picture—that a doctor recommended walking to help with your recovery or the pain you experienced on the ride over to the park. Nonetheless, it is best not to give L&I or your employer any excuse to deny your claim.
Enhanced Privacy Settings are Helpful—But They Offer No Guarantees
You do not want your social media account to undermine your workers’ compensation claim. A common question: Can I protect myself by changing my privacy settings? The answer is possibly—but even the strongest privacy settings are not a full guarantee of protection. Information that you share on the internet can spread—potentially to people who are not part of your friends’ and family’s network. If your workers’ comp claim goes to litigation, attorneys for L&I or your self-insured employer, through legally authorized discovery, can request a full and complete copy of all of your social media accounts, including all pictures and posts.
Best Practice: Limit Your Social Media Posts Until Your Claim is Resolved
With social media and workers’ compensation, the best practice is to exercise an abundance of caution. You do not want your social media posts to jeopardize your claim or your benefits. While your workers’ compensation claim is active, it is strongly recommended you limit your social media posts. This is especially important if your initial workers’ compensation claim was denied or you are otherwise in a dispute with L&I or your self-insured employer.
The bottom line: Remember, it is easy for social media content to get taken out of context. A post that you think is harmless could still cause problems. Do not let Facebook, Instagram, Twitter, TikTok, or any other social media platform lead to a potential fraud order or benefit denial in your workers’ compensation claim.
Contact Our Seattle, WA, Workers’ Comp Lawyers for Help With Your Case
At The Walthew Law Firm, our Washington workers’ compensation attorneys provide trustworthy, results-driven legal advocacy to injured workers and their families. If you have any questions about workers’ compensation and social media, we are more than ready to protect your rights. Contact us today for a free, completely confidential initial consultation. With legal offices in Seattle and Everett, we serve communities throughout the entire region, including Bellevue, Tacoma, Renton, Federal Way, Lakewood, Redmond, Bremerton, and Vashon Island.
Labor & Industries: Frequently Asked Questions (FAQs)
Unfortunately, many hardworking people get hurt on the job. The National Safety Council (NSC) estimates that 4.6 million Americans are injured at work every year. While some of these injuries are relatively minor, many others are serious—even completely debilitating. An accident can cause significant disruption to your life and could keep you off the job for weeks, months, or even permanently. Injured workers are entitled to the maximum available compensation to support themselves and their loved ones.
At The Walthew Law Firm, our Washington workers’ compensation attorneys have extensive experience advocating for the best interests and legal rights of injured workers. We want to make sure that people understand their rights and responsibilities under state law. Here, our legal team has put together answers to some common questions people have about L&I claims. If you have any specific questions about your legal options, please do not hesitate to contact our L&I lawyers for a free and strictly confidential initial consultation.
What is L&I?
The Washington State Department of Labor & Industries (L&I) is a state governmental agency that regulates and enforces industrial insurance benefits to workers who are injured on the job, crime victims’ compensation, work-place safety, wage and hour issues, and leave benefits. Primarily, L&I is responsible for administering the Washington State workers’ compensation insurance program. The agency is headquartered in Tumwater, and it has satellite offices in nearly twenty cities and towns across the state.
Am I Covered By L&I Insurance?
The vast majority of workers in Washington State are covered by the state’s mandatory no-fault workers’ compensation insurance system. Employers are required to provide L&I coverage to most employees—including part-time workers and temporary workers.
Under Washington State law (RCW 51.08.180), the term ‘worker’ is defined broadly. Almost everyone who is engaged in employment is a worker for the purposes of state law. For example, you should be covered by L&I insurance even if you are an undocumented immigrant or paid in cash wages; however, there can be challenges in proving coverage in such cases.
There are some limited exceptions to coverage. You can find some of these exceptions outlined in RCW 51.12.020. Maritime workers such as dock workers or ship builders, federal employees, and railroad workers are some examples of workers not covered under Washington State L&I. If you have any specific questions about your coverage, contact an experienced Washington State L&I lawyer for assistance.
What Do I Need to Do to File an L&I Claim?
Following an on-the-job injury, injured workers need to take immediate action to protect themselves and their legal rights. If the injury occurred while working for a large self-insured employer, report the injury to your supervisor and ask for form SIF-2, which is the Report of Accident. File that document with your employer and see your doctor who will complete the Providers Initial Report. For all other on-the-job injuries, see your medical provider as soon as possible and fill out the Report of Accident at the provider’s office or online. While filing an initial L&I claim is relatively straightforward, there are many common mistakes that you need to avoid. Here is a brief overview of the process of filing a Washington workers’ compensation claim:
- Report your accident to your supervisor.
- Seek immediate medical attention. All injuries should be evaluated by a medical provider.
- Complete the Report of Accident (ROA) form. As indicated above, you can get this form from your doctor and/or your employer.
Are There Any Deadlines for Filing an L&I Report of Accident?
Yes. There are strict deadlines for filing an L&I claim. First, you should report your injury or occupational disease to your supervisor as soon as possible. Second, get medical attention right away. Failure to seek medical care can also undermine your ability to recover full and fair L&I benefits. Here are the deadlines for filing an L&I claim:
- Industrial Injury Claims: You must file your industrial injury claim with L&I or your self-insured employer within one year of the date of the accident.
- Occupational Disease Claims: You must file your occupational disease claim within two years from when your doctor tells you, in writing, that you have a work-related condition.
With most industrial injury claims, there is rarely a dispute over the date of the accident. With occupational disease claims, the onset or manifestation of the illness or condition is not always so clear. It is best to file an occupational disease claim as soon as you have symptoms of your work-related condition and have seen your doctor. If your doctor informs you in writing that your condition is probably linked to your employment, the two-year clock has started to run.
What Workers’ Compensation Benefits Can I Get in Washington?
If you were hurt on the job and your L&I claim is approved, you are entitled to benefits. These benefits provide a much-needed financial lifeline to injured workers and their families. Here is an overview of the benefits that may be available:
- Medical Coverage: In Washington, L&I coverage pays for all medical care that is deemed “proper and necessary.” Among other things, this may include emergency medical treatment, hospital bills, diagnostic studies, health care provider visits, costs of medications, and occupational and physical therapy. Medical care should be covered until your condition has stabilized, and, based on the opinion of a medical provider, no further physical or mental health recovery is expected. Unfortunately, L&I may deny certain types of treatment.
- Time Loss Compensation: If you miss time from work as a result of your disabling condition, time loss compensation is paid as compensation for lost wages. Time loss is calculated as a portion of your average weekly wages. The benefit is typically between 60 percent and 75 percent of a worker’s wages from all employment and is based on marital status and number of children. State law sets the minimum and maximum time loss rates.
- Loss of Earning Power (LEP) Benefits: One of the most underutilized types of workers’ compensation benefits, Loss of Earning Power (LEP) benefits compensate workers who can only return to part-time work or are forced to take a lower-paying position upon their return to the workplace. If you have questions about LEP benefits, contact an experienced Washington loss of earning power attorney for help.
- Vocational Services and Travel Reimbursement: Injured workers may be entitled to vocational retraining services and travel reimbursement. These are important benefits, and they should be accounted for in any claim. L&I also provides coverage for some of the incidental costs related to items damaged during an injury, limited to prescription eyeglasses, boots, clothing, and personal protective equipment.
- Permanent Partial Disability (PPD) Benefits: PPD benefits are paid to claimants who have a permanent impairment related to their work injury. If you reached maximum medical improvement and the disability or impairment remains, then PPD benefits should be paid by L&I. PPD benefits are paid based on a predetermined schedule set forth by Washington law and must be rated by a doctor.
- Structured Settlements: If you have an accepted workers’ compensation claim and are over the age of 50, you can resolve your claim with a structured settlement. The settlement resolves all issues on a claim with structured payments agreed to by all parties—the worker, the employer, and L&I or the self-insured employer. It is best to work with a qualified workers’ compensation attorney before entering into such a settlement as there are risks involved.
- Pension Benefits: In Washington, total disability pension benefits may be available for injured workers who can never reasonably return to the workforce. L&I considers your age, education, work history, prior injuries or disabling conditions, and the effects of an industrial injury to determine if a worker can return to gainful employment. If you cannot work at any job because of your injuries, an experienced workers’ compensation lawyer can help you make a claim for lifetime pension benefits. These benefits supplement other forms of financial support, such as Social Security Disability and Retirement benefits.
- Work-Related Death Benefits: The loss of a family member is heartbreaking and devastating. While nothing can make things right, L&I provides death benefits to help support spouses, children, and others who are financially dependent on the deceased worker. Death benefits may include immediate burial and funeral coverage, immediate payments, and widow or dependent pension benefits. An attorney can help your family navigate this system and obtain the maximum L&I death benefits.
How are PPD Benefits Determined in Washington?
Many serious injuries qualify for a final benefit payment at the closure of a workers’ compensation claim. These payments are called Permanent Partial Disability awards or PPD awards. As explained by the Department of Labor & Industries, you may be paid PPD if:
- Your medical treatment is finished, and you are, hopefully, able to return to the workforce, but you have a permanent impairment; and
- You have been given a PPD rating by a doctor.
The key thing to know is that your disability rating will control your award. In other words, there is a pre-set PPD “schedule” that will determine how much an injured worker is entitled to receive. That schedule of payments is based on your date of injury or manifestation and not the date the PPD rating is done. It is crucial that your PPD rating accurately represents the severity of your injury. If your PPD rating is improperly low, then you will be denied the full and fair workers’ compensation payment you deserve.
Workers’ Compensation Video
Learn more about:
- Car Accidents
- Denied Benefits and Appeals
- Depression
- Hand and Arm Injuries
- Hip and Knee Injuries
- L&I Benefits
- L&I Medical Care
- L&I Pension
- Loss of Earning Power
- Medical Treatment
- Neck and Back Injuries
- Overview of the L&I Claims Process
- Permanent Partial Disability
- First Responders
- Shoulder Injuries
- Structured Settlements
- Time Loss Compensation
- Total Disability Pension
- What’s Your L&I Claim Worth?
- Vocational Retraining
Do I Have the Right to Choose My Own Physician?
Yes. Under workers’ compensation laws, injured workers are permitted to choose their own physician. You need a doctor who you can trust to provide reliable care. However, that provider must be on L&I’s approved provider list. Labor & Industries has put together a searchable network of medical providers. If you are not sure where to find a doctor, this database is helpful. For treatment outside of Washington State, providers must have an L&I provider number in order to treat injured workers. If you need help finding a doctor, an experienced workers’ compensation attorney may be able to assist you in finding a qualified and trustworthy provider near you.
L&I is Requesting an Independent Medical Evaluation (IME). What Does that Mean?
The term Independent Medical Evaluation is a bit of a misnomer. It is a medical evaluation requested by L&I or a self-insured employer. Claims managers typically want a second doctor to assess your medical condition: usually to determine entitlement to time loss benefits or need for medical treatment. These medical evaluations are requested and paid for by L&I or the self-insured employer, and they choose the doctors who will conduct the examination.
If L&I or an employer schedules an IME, you should cooperate even though it could be a sign that the claims manager is seeking to deny or stop benefits on your claim. Failure to attend the examination, except for “good cause,” could result in the suspension of your claim and termination of monetary benefits. You may want to consult with a workers’ compensation lawyer before your independent medical evaluation.
Is there a Difference Between an Injury Claim and an Occupational Disease Claim?
Yes, there are some notable differences. In Washington State, an injury is defined as a “sudden and tangible happening of a traumatic nature.” The term industrial injury refers to something that happened at a specific point in time. In contrast, an occupational disease is defined as a “condition that develops gradually because of the work performed.” An occupational disease could be anything from a repetitive stress injury such as carpal tunnel syndrome to a lung disease caused by breathing in toxins in the workplace.
For a number of different reasons, occupational disease claims are complex. There are often questions about how the condition can be linked to the workplace. To qualify for L&I benefits for an occupational disease, a worker must prove that the condition arose “naturally and proximately” out of employment. For more information on occupational diseases and L&I benefits, contact a Washington workers’ compensation lawyer.
I Disagree With an L&I Decision. What Can I Do?
The L&I claims managers are not perfect. The agency sometimes makes mistakes and comes to incorrect decisions. If you believe that L&I got something wrong in your case, you have the right to protest or appeal the adverse order or determinative letter, such as a vocational determination. However, you only have a limited amount of time to do so. If you fail to take action, an adverse workers’ compensation decision will become final. L&I orders give workers 60 days to file a written protest or appeal.
To challenge an L&I decision, an injured worker must file a protest. You must submit an L&I protest in writing, and you must do so before the deadline expires. You can submit supplemental documents, records, and information to support your protest. The Department will issue a subsequent order, which if unfavorable, can be appealed to the Board of Industrial Insurance Appeals. Again, you have 60 days to file your appeal with the Board of Industrial Insurance Appeals.
An experienced workers’ compensation lawyer will help you build a compelling and strong protest or appeal.
My L&I Claim Was Already Closed. Can I Reopen It?
Yes. Under Washington State law, claimants can reopen an L&I claim within seven years of the date of first closure to receive monetary benefits such as time loss, PPD, or pension. You can apply to reopen a claim at any time, but after seven years, it is at L&I’s Director’s discretion whether or not benefits other than medical will be paid.
Additionally, you cannot reopen your L&I claim simply because you disagreed with the initial closure. To successfully reopen a workers’ compensation claim in Washington State, a doctor must say that your condition has objectively worsened since the date of closure.
If you have any questions or concerns about reopening an L&I claim, contact an experienced Washington workers’ compensation lawyer for help. An attorney will explain your options for getting additional financial support.
How Does My L&I Claim Affect My Right to File a Third-Party Liability Lawsuit?
As a general rule, an L&I claim is an injured worker’s exclusive legal remedy. It is a no-fault insurance, which means if your accident was caused by your own fault, your coworker’s, or your employer’s negligence, you would be entitled to receive benefits. It also means you cannot sue your coworker or employer. However, you retain the right to file a personal injury claim against any other party that caused your accident through recklessness or carelessness. For example, if you were injured on the job because of the negligence of a property owner, you can hold them accountable through a personal injury lawsuit. These types of claims are called third-party liability claims.
To clarify, your L&I claim and your third-party liability claim are two separate legal cases. If you were injured on the job in Washington, you should file a workers’ compensation claim. If your injuries were caused by a negligent third party, then you should also file a claim against the negligent third party. Through a third-party claim, you may be eligible for additional financial support, including compensation for your pain and suffering.
Should I Hire a Workers’ Compensation Attorney for My L&I Claim?
All workers in Washington have a right to hire an attorney to assist with their L&I claim. In some cases, injured workers can effectively handle their own claim. However, if you run into any problems or have any questions, you should speak to a professional. Here are three signs that indicate that you need to consult with a workers’ compensation attorney:
- You or your loved one suffered a severe injury;
- You have run into problems with your employer or L&I; and
- Your workers’ compensation claim was rejected, or your benefits denied.
If you are unsure whether or not you need to hire a workers’ compensation attorney, we encourage you to reach out to our law firm for a free and confidential initial consultation. During a consultation, our workers’ compensation attorneys can review your case, answer your questions, and help you take action to maximize your L&I benefits.
Call Our Washington State Workers’ Compensation Lawyers for Help
At The Walthew Law Firm, our Washington workers’ compensation attorneys have the skills and legal experience to assist you with all types of L&I claims. With more than eight decades handling work injury claims, we are more than ready to protect your rights. To set up a no-cost, no-commitment review of your case, please contact us today. From our legal offices in Seattle and Everett, we represent injured workers throughout the entire region, including in Bellevue, Redmond, Tacoma, Olympia, Kent, Puyallup, Federal Way, Issaquah, and Lakewood.
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Navigating The L&I Claims Process
In Washington, employers are required to obtain no-fault workers’ compensation coverage for their employees. If you were hurt on the job or you developed an occupational disease, workers’ comp insurance offers medical coverage, time loss compensation, and disability benefits.
As L&I claims are complicated, it is easy to get overwhelmed—especially after suffering a serious work injury. At The Walthew Law Firm, our Washington workers’ compensation attorneys want to make sure that you have all of the information that you need to navigate the L&I claims process.
Your Five-Step Guide to the L&I Claims Process
1. Seek Medical Attention
Injured workers need immediate medical attention. If you were hurt on the job or if you developed an occupational illness, you need to see a qualified medical provider as soon as possible. Your claim process will go more smoothly with the support of a qualified doctor. You deserve reliable, high-quality medical care from a trusted doctor.
Your L&I claim will not be allowed unless you seek medical care. It is a required part of the claims process. At your initial appointment, inform your medical provider that you suffered a work-related injury or developed a condition related to your work. You and your doctor will complete certain necessary claim forms that you need to file your claim.
2. Notify Your Supervisor/Employer
As emphasized by the Washington State Department of Labor & Industries (L&I), injured workers have a legal responsibility to notify their employer of an injury or occupational disease. You may inform your first-level boss, another supervisor, or a representative of your company’s HR department. Your employer likewise has a duty to report your injury to L&I. With full information, your company or organization, particularly large, self-insured employers, can help you with the L&I paperwork. It is illegal for your employer to discourage you from reporting your accident.
3. File a Workers’ Compensation Claim
You need to make sure that your workers’ comp claim is filed properly. With the exception of a written report to a self-insured employer, reporting your work injury to your employer is not the same thing as filing an L&I claim. While your employer should help facilitate your claim, not all companies or organizations know how to do so.
File your worker’s compensation injury or occupational disease claim as soon as possible. Your workers’ comp claim cannot be processed by a claims manager until your doctor has submitted the relevant paperwork to L&I or your self-insured employer.
4. Await Approval of Your Workers’ Comp Benefits
Once your L&I claim is approved, you will get access to workers’ comp benefits to cover all claim-related, proper and necessary medical expenses. Of course, an L&I claim can cover more than just medical care. If your medical provider certifies your inability to work because of your injury or medical condition, you should receive time loss compensation. You may also be entitled to other benefits, including job-retraining services, permanent partial disability benefits, and pension benefits, depending on medical provider support. If L&I or a self-insured employer deny any of these benefits, you should consult with an attorney. Serious injury claims benefit from professional legal guidance and support.
5. Take Immediate Action to Protest or Appeal an Adverse Decision
Getting benefits paid in an L&I claim can be challenging. Even workers who are qualified for benefits sometimes run into problems in the claims process. If your L&I claim was rejected or if you received any other type of unfavorable decision, you must take immediate action to protect your rights. Call an experienced Seattle L&I claims attorney for help.
As confirmed by Washington’s Board of Industrial Insurance Appeals, you have 60 days to file a protest or an appeal after receiving a decision from Labor & Industries or your self-insured employer. Do not wait to get started with the appeals process. Our workers’ compensation attorneys will review your case, explain your options, gather all necessary supplemental evidence, and take action to get you the full and fair L&I benefits that you deserve.
Workers’ Compensation Video
Learn more about:
- Car Accidents
- Denied Benefits and Appeals
- Depression
- Hand and Arm Injuries
- Hip and Knee Injuries
- L&I Benefits
- L&I Medical Care
- L&I Pension
- Loss of Earning Power
- Medical Treatment
- Neck and Back Injuries
- Overview of the L&I Claims Process
- Permanent Partial Disability
- First Responders
- Shoulder Injuries
- Structured Settlements
- Time Loss Compensation
- Total Disability Pension
- What’s Your L&I Claim Worth?
- Vocational Retraining
Schedule Your Free L&I Claims Consultation Today
At The Walthew Law Firm, our Seattle workers’ comp attorneys are strong, results-focused advocates for clients. If you have questions about the L&I claims process, we are more than ready to help. To set up a no-cost, no-obligation initial appointment with an experienced workers’ comp attorney, please contact us today. From our offices in Seattle and Everett, we handle L&I claims all over Western Washington, including in Bellevue, Federal Way, Burien, Tacoma, Renton, Kirkland, Puyallup, Kent, Vashon Island, Bremerton, Lynnwood, and Olympia.
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Benefits through an L&I Claim
If you were injured on the job, you may be eligible to receive benefits through an L&I claim. This raises an important question: How much will my Labor & Industries claim be worth? There is no easy answer to this question. Every work injury claim has its own unique set of facts and circumstances.
The Department of Labor & Industries reported that monetary benefits paid in the average payment of time loss compensation in a claim in the fiscal year 2019 was $38,084. Your L&I claim could be worth significantly more or less depending on how long you receive time loss benefits. Here, our Seattle workers’ compensation lawyers explain what you need to know about how L&I claims are valued.
Know How to Value Your L&I Claim
L&I claims are always valued on a case-by-case basis. How much a claim is worth varies based on the specific circumstances of the case. In Washington, workers’ compensation insurance provides benefits for medical treatment, time loss compensation, loss-of-earning power benefits, vocational benefits, permanent disabilities or impairments, and lifetime pensions. Depending on the nature and severity of your injury or disease, your L&I claim may include benefits for any of the following:
- Medical Treatment: First and foremost, workers’ compensation covers the cost of all medical care that is proper and necessary. An L&I claim should include coverage for emergency medical treatment, surgeries, office visits, and rehabilitative services.
- Time Loss Compensation: If you are unable to work on a full-time basis because of your injury/illness, wage replacement benefits should be available through L&I or your self-insured employer. Time Loss compensation pays between 60 percent and 75 percent of your date-of-injury wages from all employment, up to a current maximum rate of $6,970 per month. Your time loss compensation is not taxable.
- Loss of Earning Power: In some cases, injured workers are entitled to Loss-of-Earning-Power (LEP) benefits. If you are only able to return to work on a part-time basis or were forced to take a lower-paying, light duty position, your L&I claim may include LEP benefits. The basic formula for LEP benefits is payment of 80% of the difference between date-of-injury wages and current wages not to exceed a worker’s full-time loss rate. To better understand how much compensation may be available, L&I put together a Loss of Earning Power (LEP) worksheet detailing the calculations involved in determining LEP payments.
- Vocational Retraining Services: A severe injury or occupational disease may make it impossible for you to return to your previous position. If you do not have prior job experience, qualifications, or education to return to any other employment, you may qualify for vocational retraining services. If L&I approves a retraining plan, you can choose to participate now and receive time loss compensation during retraining (Option 1) or delay the start of your retraining plan and receive funds to pay for school but receive no time loss compensation (Option 2).
- Permanent Partial Disability: Permanent partial disability (PPD) benefits are paid to workers who have reached maximum medical improvement but have still not made a full recovery. This rating is made independent of someone’s ability to work. PPD will be rated by a medical provider based on lost bodily function. The higher your PPD rating, the higher your monetary benefits. Do not accept an unfairly low PPD rating.
- Total Permanent Disability: If your injury/illness is so severe that you cannot reasonably return to any type of gainful employment, your L&I claim should include compensation for total disability pension benefits. These lifetime monthly total disability payments vary based on a claimant’s date-of-injury wages and marital status and whether or not the injured worker receives Social Security benefits. As total disability cases are highly complex, injured workers should be represented by an experienced workers’ comp attorney.
Workers’ Compensation Video
Learn more about:
- Car Accidents
- Denied Benefits and Appeals
- Depression
- Hand and Arm Injuries
- Hip and Knee Injuries
- L&I Benefits
- L&I Medical Care
- L&I Pension
- Loss of Earning Power
- Medical Treatment
- Neck and Back Injuries
- Overview of the L&I Claims Process
- Permanent Partial Disability
- First Responders
- Shoulder Injuries
- Structured Settlements
- Time Loss Compensation
- Total Disability Pension
- What’s Your L&I Claim Worth?
- Vocational Retraining
Others Factors that May Affect the Value of Your Work Injury Claim
It is important to emphasize that there are other factors that may also impact the total value of your workers’ compensation claim. You may be entitled to compensation from Social Security, a third-party liability claim, or an employment law case.
If someone other than your employer was negligent and contributed to your injuries, consult with a third party liability attorney. If your employer took adverse action against you because you filed an L&I claim (harassment, demotion, termination, etc.), tell your attorney. Your legal rights may have been violated.
Get Help From an L&I Claims Attorney in Washington
At The Walthew Law Firm, our Washington workers’ compensation lawyers have the skills, expertise, and dedication to protect your rights. If you have questions about how much your L&I claim is worth, we can help. To schedule a free, no commitment consultation, please contact our legal team now. From our office locations in Seattle and Everett, we serve communities throughout the region, including in Tacoma and Bellevue.
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The Washington State Department of Labor & Industries (L&I) is a government agency that regulates and enforces workplace safety standards and handles workers’ comp claims.
Through an L&I claim, an injured worker may be entitled to payment of medical treatment, wage replacement, permanent partial disability (PPD), and other benefits.
At The Walthew Law Firm, our Seattle workers’ comp lawyers provide proactive, effective legal representation to people who need it the most. If you have concerns about your right to receive L&I benefits, we are here to get you reliable answers. To learn more about what we can do for you, please contact our Washington workers’ compensation attorneys today.
Know Your Legal Rights: An Overview of L&I Benefits
All Proper and Necessary Medical Care
L&I benefits cover all medical care that is proper and necessary and related to the underlying workplace injury or occupational disease. Your medical bills should be paid for as part of your L&I benefits as long as your treatment is through an L&I approved provider. Notably, L&I benefits include coverage for rehabilitative treatments and therapies such as chiropractic, physical therapy, and limited massage therapy. Nothing should come before your health and your recovery.
You are entitled to get medical care from a physician who you trust. In Washington, injured workers have the right to choose their own doctor. Unfortunately, there are sometimes disputes over whether or not medical care is needed. If you are struggling to get your medical treatment covered as part of your L&I claim, an experienced workers’ comp lawyer can help.
Time Loss Compensation (Wage Replacement)
One of the most challenging things about being hurt on the job is that you might be required to miss time from work (and paychecks) in order to recover from your injuries. Your L&I benefits should provide financial coverage for wage replacement. Known as “time loss compensation,” those benefits are paid between 60 percent to 75 percent of your pre-injury wages—up to Washington’s maximum weekly benefit. Time loss is based on your date-of-injury wages from all jobs, your marital status, number of children, and other factors.
Vocational Retraining and Other Educational Services
In some cases, an injured worker may be able to return to the workplace, but not in their previous position. L&I benefits can provide coverage for vocational retraining and other similar educational services if you are medically unable to return to your job of injury, and you have no other transferrable skills. Vocational services are designed to help get an injured worker back to work as quickly as possible.
Permanent Partial Disability (PPD) Benefits
Unfortunately, a work injury or an occupational illness may cause a permanent impairment. In Washington, an injured worker may be eligible to receive permanent partial disability (PPD) benefits if they have completed treatment, but they suffered a permanent impairment as a result of the injury or occupational disease.
In other words, PPD benefits are an award for a physical or mental impairment that remains even though a claim is being closed. The value of a PPD award is based on the worker’s disability as rated by a doctor. The PPD award can be protested once the closing order is received if you believe the rating of impairment is low.
Loss of Earning Power (LEP) Benefits
Depending on the specific circumstances of your case, you may be entitled to loss of earning power (LEP) benefits. LEP benefits, as explained here, are designed to protect workers who have lost wages because they are only able to work part time or at a lower-paying, light-duty position while they recover. LEP benefits are notoriously underutilized. If you have concerns about LEP benefits, our workers’ comp lawyers can help.
Permanent Total Disability Pension Payments
Lifetime pensions are available for workers who are not able to return to gainful employment due to their on-the-job injury or occupational condition. If, because of your work injuries or conditions, your age, education, work history, and pre-existing conditions, you are unable to return to work, you may be entitled to pension benefits through an L&I claim. Our attorneys have extensive experience in this area of workers’ comp law.
Widow and Dependent Benefits
There is nothing more painful than losing a loved one as a result of a work accident. If the worker’s death is directly attributable to the injury or occupational disease, then L&I provides burial benefits. If the deceased worker left a widow, children under 18 (age 23 if in an accredited school full-time), or other dependent, pension benefits can be paid. There are limitations to those benefits, however. Our Washington workers’ comp lawyers understand the challenges faced by family members and will work to protect your rights and help you recover the maximum available financial support.
Workers’ Compensation Video
Learn more about:
- Car Accidents
- Denied Benefits and Appeals
- Depression
- Hand and Arm Injuries
- Hip and Knee Injuries
- L&I Benefits
- L&I Medical Care
- L&I Pension
- Loss of Earning Power
- Medical Treatment
- Neck and Back Injuries
- Overview of the L&I Claims Process
- Permanent Partial Disability
- First Responders
- Shoulder Injuries
- Structured Settlements
- Time Loss Compensation
- Total Disability Pension
- What’s Your L&I Claim Worth?
- Vocational Retraining
Call Our Seattle L&I Attorneys for Immediate Help
At The Walthew Law Firm, our Washington workers’ comp attorneys use the highest level of professional skill in representing our clients. We have fought for the rights and interests of injured workers for more than 80 years. If you have questions or concerns about L&I benefits, we are more than ready to help. To set up a free, confidential review of your L&I claim, please contact us today. We are proud to fight for the rights of workers all over the region, including in Seattle, Bellevue, Renton, Redmond, Kirkland, Kent, Vashon Island, Everett, Tacoma, Issaquah, Lakewood, and Olympia.
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Meet Caroline A. Golshan
Caroline Golshan graduated magna cum laude from Seattle University School of Law in 2020 and was admitted to the Washington State Bar in August 2020.
Caroline worked as a Rule 9 Law Clerk at The Walthew Law Firm and at Seattle University’s Workers’ Rights Clinic. She also served as a Lead Article Editor for the Seattle University Law Review, where she published her own work, The Modification of Washington’s Nondelegable Duty Doctrine in a Post-Afoa II State. Caroline was honored to receive a summer fellowship with the Washington State Association for Justice in 2019. Prior to law school, Caroline had 5 years’ experience working in law firms and gained exposure to multiple practice areas including personal injury, workers’ compensation, employment law, civil litigation, and family law.
Caroline lives in Seattle with her husband, Alex, and her French bulldog, Zoe.
Learn about the Walthew Difference
Areas of Practice
- Personal Injury
- Workers’ Compensation
Bar Admissions
- Washington, 2020
Education
- Seattle University School of Law, 2020
Honors and Awards
- Alpha Sigma Nu Honor Society member
- CALI Award Recipient: Legal Writing I, Legal Writing II, & Contracts
- Metzger Legal Writing Scholarship
- Trustee Scholarship
- Year End Achievement Scholarship
Professional Associations and Memberships
- Washington State Bar Association
- Washington State Association for Justice, Eagle Member
- King County Bar Association
Third-Party Work-Related Car Accident Lawyers in Tacoma/h2>
Since we are personal injury attorneys and trial lawyers, we understand the process and can get your case moving toward favorable resolution. The last thing you want is to have delays and stagnation. You have a lot to deal with. We remove the stress of fighting the legal system because we want you to be able to focus on healing and recovery. You can count on us to remove the roadblocks and give you the feeling that can only come with good representation. You don’t have to be alone during this time of difficulty. We are here to fight for you. We focus on getting you the compensation you need so you can put the accident behind you and work to better your life. Depending on your specific situation, we can help you with the following types of compensation:
- Lost Income
- Damages
- Medical bills
- Rehabilitation costs
- Pain, suffering and emotional distress
- Permanent disability
- Death of a loved one
- Loss of consortium
We have experience with third-party liability claims. If you drive as part of your job, and you get into an accident, you may be able to file a workers’ compensation claim. Since you are an injured worker, you may be entitled to file a third-party liability claim against the person who caused, or contributed to, your accident. We look into every aspect of your case because we want you to get the compensation you are entitled to so you can focus on your life and your recovery.
Contact The Walthew Law Firm
With The Walthew Law Firm, you are getting a team of professionals who will work to assemble and understand all the details specific to your case. When disaster strikes, you need a dedicated personal injury attorney. You deserve to have legal representation from The Walthew Law Firm. Give us a call today and schedule your free consultation.