You were injured at work, saw your doctor, reported the accident, and your claim was accepted. Now what?
The Department of Labor and Industries is meant to help workers get the care they need to return to work, but complicated policies and red tape often let workers slip through the cracks or scare them into walking away from a claim with less than they deserve. Here are five tips we believe to be the most helpful for navigating an L&I claim:
A good doctor will give you the right diagnosis and treatment for an industrial injury, putting you on the right track to get as well as possible and return to work. If the Department sees you are ignoring the advice given to you by your doctor, they will close your claim. Sometimes, L&I can interpret your non-adherence as a falsified injury and request you pay any time-loss or awards back to them.
However, you know your body better than anyone else. If you feel your doctor is not listening to you or giving you the care you are seeking, you can always request a change of Attending Provider. Be careful, though, because changing your provider too often is a red flag; the Department can easily interpret this negatively and close your claim.
Due to the nature of agencies like the Department, injured workers must go through regular checks and appointments to ensure both that they are truly as injured as they say, and that they are on the right track to getting better. These steps may seem tedious or even nerve wracking, but they are crucial to getting through any workers’ compensation claim.
If you neglect your responsibilities as an injured worker, the Department will take it as unwillingness to improve your condition and will deem you non-cooperative, closing your claim.
Another check that L&I must perform throughout your claim includes regular status updates on your ability to work. The Department requests that you fill out and sign certain documents every month that help them decide how much, if any, time-loss you should be receiving, as well as whether or not you are fit to return to a light-duty or modified position.
Much like attending appointments, keeping the Department updated on the status of your injury and work is a large part of not only getting treatment, but also getting paid. Neglecting to sign and return documents like Work Status Forms (WSF) or Activity Prescription Forms (APF) leaves your Claims Manager without the proper information to pay you the correct benefits and will place any payments on hold. Eventually, you could be marked as uncooperative and have your claim closed.
While it is important to follow the instructions of your doctor, Claims Manager, and Vocational Counselor, you should do your best to understand what they ask of you and why. If you are requested to sign a document or perform duties that make you uncomfortable or seem too sudden, you can always ask for clarification or even appeal any decisions made on your claim.
It is important to remain cooperative for the duration of your claim, but that does not mean that you should give up your rights as an injured worker. Learn as much as you can about the Workers’ Compensation system, remain aware of your rights, and never sign a document you haven’t read or taken the time to understand.
No matter how informed or cooperative, navigating an L&I claim is never easy. Obtaining the help of an experienced individual or firm can make all the difference when seeking treatment and getting the compensation you deserve. When you have someone knowledgeable dedicated to your claim’s success, you can focus all your energy on healing from your injury or illness.
For over 20 years, Emery | Reddy, PC has helped injured workers receive the best possible outcome for their claim, whether that be through Vocational Services or a survivor’s pension. Our Attorneys have more than half a century of combined experience getting clients the treatment and awards to which they are entitled, and we fight every day to make sure injured workers are treated fairly. Our firm works based on contingency, which means we don’t get paid unless you do.
No matter what step you are at in your L&I — workers’ compensation claim, it’s never too late to follow these five important steps. You deserve to be treated fairly and honestly by your Claims Manager at the Department as well as your employer.
If you are ready to seek assistance with your claim, call Emery | Reddy today to speak with an experienced Intake Specialist and take a step closer to receiving the benefits you deserve.
Whether you’ve been injured on the job, subjected to mistreatment in the workplace, or affected by a privacy breach, our expert attorneys are here to help.
