Filing a claim with Washington’s Department of Labor and Industries (L&I) can be overwhelming — and one misstep can delay benefits or derail your claim entirely. At Emery | Reddy, PLLC, our experienced attorneys work daily to help injured workers avoid these costly errors. Understanding what not to do can protect your health, your claim, and your future.
1. Failing to File an L&I Claim Right Away
What happens:
Delaying your claim or Report of Accident can result in missed benefits — or even losing your right to compensation. You have one year from the injury date (or two years for industrial diseases) to file.
How to avoid it:
Report your injury immediately and have your doctor submit the form to L&I. Don’t wait — especially for injuries that may worsen over time.
2. Underestimating Self‑Insured Employers
What happens:
Large employers who self-insure often delegate claim decisions to third-party administrators —who may be more motivated to cut costs than compensate fairly.
How to avoid it:
Know who’s handling your claim. Recognizing when a self-insured employer is involved helps you anticipate tactics and prepare for resistance. An L&I attorney can help level the playing field.
3. Downplaying Your Injury to Your Doctor
What happens:
Minimizing symptoms can backfire. Your medical records are the most important evidence, and understatement may lead L&I to deny or downgrade your claim.
How to avoid it:
Be honest and detailed during every medical visit. Describe what hurts, when it hurts, and what limitations you’re experiencing.
4. Accepting an Unfavorable IME or Impairment Rating
What happens:
Independent Medical Exams (IMEs) are performed by L&I-approved providers — meaning they can be biased or overly skeptical. A low impairment rating dramatically cuts compensation.
How to avoid it:
Be prepared and polished during your IME. If the rating seems too low, consult an attorney to challenge it — by comparing it to your treating doctor’s opinion or requesting a second review.
5. Overlooking Mental Health Claims or Retaliation Risks
What happens:
Mental injury claims—like stress from workplace harassment—are often overlooked or denied due to insufficient documentation. Meanwhile, reporting your injury can trigger retaliation disguised as performance discipline.
How to avoid it:
Track and document everything. Keep notes of conversations, missed work, or behavior changes. Don’t ignore signs of mental or emotional harm; these injuries are legitimate and compensable. And be alert for any retaliatory workplace actions.
Bonus Pitfall: Missing Appeal and Deadline Requirements
What happens:
L&I works on strict deadlines — 60 days to protest a denial, 15 for vocational issues. If you miss them, the decision can become permanent.
How to avoid it:
Mark your calendar from day one. Copy every decision letter, note your deadlines — and don’t hesitate to ask your attorney if you need help meeting them.
Take Action: Protect Your Rights
- Be prompt: File your injury report and claim ASAP
- Be thorough: Fully disclose your symptoms to medical providers
- Be prepared: Get organized before IMEs and impairment ratings
- Be aware: Know your rights around mental health and retaliation
- Be proactive: Track deadlines and protest or appeal if needed
Navigating L&I claims can be complex — but you don’t have to do it alone. A skilled L&I attorney will use deep L&I knowledge and real-world experience to guide clients through the process, anticipate obstacles, and secure the maximum compensation you deserve.
