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SEATTLE L&I / WORKERS’ COMPENSATION ATTORNEYS
The L&I attorneys at Emery Reddy have comprehensive experience helping workers secure benefits after suffering an injury or impairment in the course of their employment. Our clients trust us to manage L&I claims involving industrial injuries, occupational diseases and rejected claims. We can also help workers secure loss-of-earning-power benefits, permanent partial and permanent total disability awards, and additional compensation in the case of an aggravation or worsening of initial conditions.
For the vast majority of employees, L&I provides the sole financial coverage for an injury, and governs procedures for adjudicating workplace injuries. Standard benefits provided under a Workers’ Compensation/L&I claim may include:
- Medical coverage, including surgery, physical therapy, prescription drugs, and other rehabilitation services
- Compensation for lost wages
- Vocational rehabilitation service
- Awards for permanent partial impairment if an injured party regains the ability to work, or pensions for individuals unable to resume work
Click here for L&I Claim Forms & Publications
Be advised that it is illegal for employers to fire, layoff or refuse to rehire a worker in retaliation for seeking Workers’ Compensation/L&I benefits. Under federal and state law, victims of such retaliatory practices can bring a claim against their employers. Unlike L&I claims, retaliatory discharge lawsuits have no pre-established limits to the amounts a victim may collect.
Emery Reddy’s L&I attorneys represent workers in all industries with all kinds of injuries. We work diligently on behalf of each client and are committed to understanding the unique circumstances of your case. Our L&I lawyers will fight to maximize your compensation and protect your rights during every step of the process. If you have been injured on the job, contact our firm for a free consultation with an experienced Washington L&I attorney, or request a consultation date on our client-scheduling calendar.
For a free consultation, we invite you to contact a Seattle Workers’ Compensation attorney directly by phone, or request a meeting below on our client scheduling calendar
Speak directly with an attorney: 206-442-9106
INJURED AT WORK? WHAT YOU NEED TO KNOW:
If you suffer an injury at work and your claim is approved, L&I (or your self insured employer) will cover the cost of related medical care and services. If the injury renders you incapable of returning to work, you may also qualify for a percentage of your lost wages.
Those who work for self insured employers are entitled to the same rights and benefits as those who file L&I claims, but employers themselves, rather than L&I, will process the paperwork and pay for the claim. About thirty percent of Washington employees work for self insured employers. Click here to find out if the company you work for is self-insured.
Navigating the L&I claims process can be extremely complex and time consuming. An experienced Washington L&I attorney can help you through the following stages of your claim:
1. GET MEDICAL ATTENTION IMMEDIATELY
Seek first aid.
If you are injured at work and require medical treatment, visit the emergency room or a healthcare provider of your choice and inform the physician that you sustained the injury on the job. Contact an L&I attorney to help you begin the claims process, and notify your employer of your injury.
An L&I attorney can help you find a doctor.
Unfortunately, many workers do not have regular doctors. In addition, many healthcare providers do not accept Workers’ Compensation cases. Our attorneys can help you secure a qualified healthcare provider who treats L&I patients and who understands the Workers’ Compensation/L&I system.
Search for a doctor near you.
Injured workers need an attending doctor to supervise their treatment, provide medical updates to the L&I claim manager, and help the worker resume job duties after recovery.
Under Washington L&I law, patients have the right to see the healthcare provider of their choice, and may also request to be transferred to the care of a different attending doctor during the course of their treatment. Since claim managers sometimes deny the requests of injured workers, our L&I attorneys will handle your request and ensure that you get treatment from the doctor or healthcare provider you prefer.
If you would like to change your doctor while receiving treatment under an L&I claim, click here for the request form.
2. NOTIFY YOUR EMPLOYER
This will allow your employer enough time to learn the details of the situation and respond promptly when she or he receives the paperwork for your L&I claim.
If your employer demands that you use a company doctor, or requires a company nurse or representative to accompany you on your visit to the doctor, contact your L&I attorney immediately. While you may use a company doctor if you wish, Washington employers cannot place any such requirements on injured workers. Your L&I attorney will protect both your right to see the doctor of your choice and your right to refuse to have a company representative or nurse escort you during medical visits.
What if I was injured by a third party?
Workers in Washington State cannot sue employers for injuries caused by a workplace injury. However, when injuries are caused by defective products or machinery, or by someone who is not a co-worker, a “third party” may be legally required to pay for medical treatment and additional claim expenses. Unlike L&I claims, there is no limit to the damages you may recover in a third-party liability lawsuit. If you believe your work-related injury was caused by the negligence of someone other than your direct employer, contact our personal injury attorneys for help.
Questions About Third Party Injury Claims? Get answers here.
3. FILE A CLAIM
Employees who are injured at on the job will work with their L&I attorney and the attending doctor to complete the accident report form. An injury claim goes on file when the doctor submits the paperwork to L&I.
Click here for L&I forms
(Please note that common forms like the “Report of Industrial Injury or Occupational Disease” (ROA) are not available on L&I’s website. Our L&I attorneys can assist you in securing the proper forms for your injury claim.)
Paperwork varies depending on the type of L&I claim. Your Emery Reddy L&I attorney will determine the nature of your Workers’ Compensation claim, process the appropriate forms, keep records of all paperwork and correspondence, and handle phone calls and other negotiations with L&I or your self-insured employer.
Time frames and deadlines for filing an L&I claim:
Claims must be submitted to L&I or your self-insured employer within one year of your injury date, but time frames may be longer if your claim involves a diagnosis for occupational disease. Contact an L&I attorney at Emery Reddy to help you determine the specific requirements for submitting your claim.
Expect comprehensive assistance from your Emery Reddy L&I attorney:
Our experienced L&I lawyers will help you manage all details of filing a worker’s injury claim: we will handle the correspondence you receive by mail (Claim Arrival Cards, Notices of Decision, Worker Verification Forms and other documents specific to your workplace if your employer is self-insured), ensure that your doctor submits reports within required timeframes, follow up to make sure that L&I or your self-insured employer processes your claim in a timely manner, and check the status of your claim. An L&I lawyer can also assist you if any of your personal information changes or if you live or move out of state.
4. CLAIM APPROVAL
Benefits from an approved L&I claim (or self-insured employer claim) will cover your medical bills. If you are eligible for additional benefits, our Seattle L&I attorneys can also help you secure wage replacement, return-to-work help, and—in the case of severe injury— pensions or disability.
Medical benefits
As long as your L&I claim remains open you will receive medical benefits, even if you have returned to work.
Sometimes workers believe that they have fully recovered, but later need to reopen their injury claim for additional medical care. Our Seattle L&I attorneys can work to reopen your case and ensure that additional medical bills are paid for your ongoing workplace injury.
Click here to learn more about Disability Benefits.
Vocational Services
Some injuries prevent workers from returning to their jobs right away. If this is your situation and the claims manager plans to assign you to a vocational counselor for return-to-work assistance, the L&I attorneys of Emery Reddy will work with all parties to secure the best solution for you.
Click here to learn more about Vocational Services.
Wage Replacement
When workers miss days on the job because of an injury, L&I may reimburse a portion of the employee’s lost wages (also referred to as "time loss compensation"). Understanding the policies can be difficult: not only do time-loss compensation benefits vary for different workers, but they also vary in relation to dependents, domestic partnerships, common-law marriages, and so forth. An experienced L&I attorney can guide you through these complex regulations and help you maximize the compensation you receive for lost time on the job.
Prescription Medications
Your L&I attorney can help you determine which prescription medications are covered under the Workers’ Compensation system, and assist you in securing reimbursement for these costs.
Review a list of drugs that may or may not be covered by L&I reimbursement policy.
Submit the Statement for Pharmacy Services form to request reimbursement for out-of-pocket costs for prescriptions that are accepted under your claim.
Benefits for Permanent Disability
Sometimes injured workers discover that even after their condition stabilizes there is some permanent loss of function. In such cases, an L&I attorney can help workers seek a permanent partial disability award or monthly pension. Workers may qualify for such benefits even if they are able to return to work with their impairment.
See Washington State’s Permanent Partial Disability award schedules.
5. REJECTED CLAIMS
Claims are sometimes rejected when a doctor does not certify a relation between the worker’s injury/condition and a specific incident or circumstance at work. It is in your best interest to use an experienced L&I attorney to protest and appeal your denied injury claim. L&I also enforces time limits for appealing rejected claims, so we urge you to contact an Emery Reddy lawyer right away. We have an impressive record in successfully appealing rejected L&I claims, and will protect your rights with the dedication and expertise you deserve.
6. YOUR RETURN TO WORK
If you have missed days on the job because of your injury, you will consult with your doctor to determine when you are medically fit to return to work. If you cannot immediately resume former duties, your L&I attorney may be able to work with your employer to arrange light-duty work for you as you continue to recover. Sometimes, however, employers ask injured workers to perform jobs that the doctor has prohibited. If this happens to you, contact your L&I attorney for help. You can also obtain a copy of your work restrictions to provide to your employer: Click here for forms.
Loss of Earning Power Benefits
Some injured workers are placed in light-duty or reduced-hour jobs that pay less than their regular position. If you find yourself in this situation, talk to an L&I attorney about applying for Loss of Earning Power benefits. These benefits are often available through both L&I and self-insured employers.
Get help returning to work or receive training for a new job:
There are many resources available to help you return to work or pursue training for a new job after an injury. Your L&I attorney can help you evaluate your options. If you qualify, you may receive financial assistance for a vocational training program.
Find an L&I sponsored training program.
Get more information on pursuing your L&I vocational plan.
7. CLOSED CLAIM
An L&I claim closes when a physician certifies that further treatment will not improve a worker’s condition, when L&I does not have documentation that the employee requires further treatment, or when treatment is successful and complete.
Protest or Appeal a Closed L&I Claim.
In some cases, a worker, doctor or employer may disagree with L&I’s decision regarding a claim, and all of these parties can protest as well as appeal the decision. Our L&I attorneys will manage this process if a ruling is not favorable or in your best interest. Emery Reddy’s L&I lawyers are also experienced with the procedures for reopening injury claims when medical problems return or worsen. Additionally, our attorneys work with clients who are rated for a partial disability or certified as permanently and totally disabled before L&I closes their claim.
Recent Article by Patrick B. Reddy, Esq., a partner with Emery Reddy, PLLC.
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