Frequently Asked Questions
We understand that the claims process can feel overwhelming. Here are some frequently asked questions that may help you get started. If you still have questions about whether you need an attorney, contact our office for a free, no-obligation discovery call.
How long after an injury do I have to file my claim in Washington state?
The answer is most often one year for a specific injury. A fair definition of injury is a sudden tangible event occurring at a specific time and place (e.g., falling and hurting your back).
There are also occupational disease claims. The standard for these claims is two years from the last exposure. Occupational disease means repetitive injury claims, like carpal tunnel, or exposure to chemicals over time. Even if it has been more than two years, you can often get these claims allowed because special rules apply to the notice you must be given by a medical professional.
What should I do after an on-the-job accident in Washington state?
Report it to your employer. If you can’t go to the doctor, urgent care can help, but an occupational medicine doctor is best. I would contact an attorney and ask which doctors they recommend because not all doctors are as concerned about your recovery as others.
Make sure the urgent care or occupational medicine doctor files a claim. If they do not, file one yourself at https://lni.wa.gov/claims/for-medical-providers/filing-claims/filefast-report-of-accident. Click on File Your Workers’ Compensation Claim in My L&I. You can also call 1-877-561-FILE (3453) to file by phone. The key is to file the claim as soon as possible.
What if the employer tells me I have to go to their doctor?
The simple answer is no. You can see any doctor you want who takes L&I patients. Most of the time, the providers with whom the employer contracts are not on your side or looking out for your best interests. These providers have metrics on how quickly they get employees back to work and off L&I.
What if an employer tells me they will pay me on the side?
Don’t accept. Most often, this will result in them fighting the allowance on your claim later or denying that you even had an injury at work. I have a lot of these cases that if the worker had just filed, they would be getting benefits and the treatment they needed, not waiting years for the claim to be allowed.
When should I get legal help?
Immediately. Most attorneys will talk to you for free. Contact one. Talk to one and explain your injury and what happened. I often tell clients to go see a specific doctor and look for certain warning signs, and if they are not taken care of by the department, come to us, and we will help them get the benefits they are entitled to.
What is going to happen to my claim now that I have filed?
If everything works as it should, your medical care will be taken care of by an occupational medicine doctor, who will refer you to the specialists you need. If you are off work, you will get paid time loss or loss of earning power (LEP). If the department or self-insured employer asks for an independent medical exam, I would talk to an attorney. Many times they may not even have the right to get one. If they are denying treatment or not paying benefits, talk to an attorney.
How do I know if I have a case?
If you were hurt at work, you can file a claim. However, if you want to know for sure if you have a case, call an attorney. We would love to talk to you about the case and your options.
How do I know if my injury is covered by L&I?
If it happened at work or while working, it is almost always covered by L&I. There are exceptions, usually for individuals who own the business and/or injuries in parking areas. Even injuries in parking areas can be covered. If you have questions talk to an attorney.
What if I can’t return to work?
The department has vocational counselors who are hired to address your skills and see if you can return to work based on transferable skills or if you need to be retrained. If you cannot work at all you are placed on a L&I pension. This benefit continues for the rest of your life or until you return to work.
I have a lot of questions about the claim process; what should I do?
Talk to your doctor, your claims manager if not represented or your attorney. They can file you in. I highly recommend contacting an attorney if questions arrive to ensure you are being treated fairly.
How can I receive a settlement in my Labor & Industries claim?
There are three types of settlement in L&I claims.
First, is a permanent partial disability (PPD) award at the end of your claim. This is given to those who lose some of the function of the body part injured. The award is based on the date of the injury and a specific formula. Often no room for negotiation, but have an attorney look at the award to ensure it was done properly. If the department has given you an award, the attorney should only take a percentage of any increase in the award that he acquires on your behalf.
Second, you could have a structured settlement with L&I or the self-insured employer. This waives any future recovery to wage replacement benefits or vocational services but you can reopen later for medical treatment. This is often used when the individual is close to retirement and can retrain but does not want to. The attorney can only charge 15% of this type of settlement. Talk to an attorney about your options.
Third, this pertains only to self-insured employers (SIE). SIE may settle at any time and give you a lump-sum settlement to deny treatment or conditions under the claim. If you are tempted to settle this type of claim talk with an attorney.
How do I know if I need an attorney?
If benefits are denied or don’t seem right, contact an attorney immediately.
Is my wage order correct?
If a wage order is issued on your claim, you want it reviewed. It may be correct but it may not. Things you need to consider: Do you work a second job? Was your overtime properly included? Do you work multiple jobs during the year? What was your work pattern at the time of injury? Not the month before or after but that day? Were you intending to work full-time? Are your health care benefits properly accounted for in the wage? If you do not know the answer to these questions, contact an attorney within 60 days of the wage order to ensure it is calculated properly.
What will my attorney need to know at our initial consultation?
The attorney will likely need to know the date of injury, claim number, how you were injured your current doctors, any pre-existing history of problems with the injured area and what orders have been issued by the department.
What if I have further medical complications after I open my case? Am I entitled to more benefits?
Oftentimes, you are. This depends on the reason for the complication. If the complication is a result of the injury or treatment of said injury then yes. However, you may need an attorney to get the benefits.
I got a permanent partial disability award; is it fair? What can I do to ensure it is fair?
The awards are made according to statute and the AMA Guides to permanent impairment. If your doctor does not make impairment awards, give us or another attorney a call, and we can let you know if it is fair.
How can having an attorney benefit me?
We can ensure your wage is calculated correctly, leading to increased monthly benefits. We can fight for treatment the department denies, getting you better sooner. We can fight for retraining goals that are more aligned with your work priorities and get you back into the workforce where you can succeed.
L&I closed my claim, but my doctor says I still need treatment.
Please contact an attorney. When those orders are issued, you have 60 days to file a protest and get benefits. If you do not you may lose those treatment options permanently. Please call 509-537-0388 to discuss.
What should I consider before hiring an attorney?
First, what is the attorney charging to help you? The standard is 10 to 15% of time loss and 30% of a lump-sum benefit. Does the attorney charge you a monthly maintenance fee? When does the attorney start charging the percentage of time loss?
Second, can you handle it on your own? Do you need help? Are you getting overwhelmed? Is it worth the small percentage to have peace of mind moving forward?
Third, what is being denied on your claim? If nothing is being challenged or fought then not likely needed. If the employer is heavily involved or treatment is heavily challenged, you may need an attorney.
What rights do I have as a worker in the state of Washington?
The right to get treatment. The right to choose your own doctor. The right to be represented. The right to switch doctors.
Still Have Questions?
Or think we might be the right choice for helping you with your case? We offer a free no-obligation discovery call to help you determine if an attorney is the right fit for your claim.