When Washington state implemented the workers’ compensation system around 115 years ago, they came up with the Industrial Insurance Act. This process replaced an injured worker’s ability to sue their employer for any claim related matters with an administrative process that would get them swift medical care without having to prove their employer’s negligence. Because it is the responsibility of the Department of Labor and Industries to oversee that administrative process, you cannot sue them for any matters related to that process, including:
What If I Disagree with Decisions Made about My Claim?
So, what can you do? Fortunately, the Department built in ways for an injured worker to fight for their rights concerning their L&I — workers’ compensation claim. You, your doctor, your representative, or your Claims Manager all have the right to protest or appeal any decision made on your claim if you believe it to be untrue or misrepresentative of your injury.
While you may be unable to sue the Department of Labor and Industries for decisions made on your claim, the protest and appeals processes are the administrative equivalent of taking them to court for benefits.
Protests are often the first step in addressing a disagreement regarding a decision made on your claim. When you submit a protest, L&I can decide to take action on the matter or send it directly to the Board of Industrial Insurance Appeals (BIIA).
The key distinction between protests and appeals is that an appeal isn’t immediately sent before the BIIA, but rather it gives the Department the opportunity to reconsider a decision. If they deny your appeal, you can have the matter brought before the Board of Industrial Insurance appeals.
Protests and appeals both accomplish the same goal of protecting your rights as an injured worker, but the key is to do one or the other within 60 days or the decision you would like to be reconsidered. You must submit your protest or appeal to the Department in writing electronically or through the mail before the 60 days are up.
When the Board reviews a decision, all parties have the right to appeal that decision to the Superior Court. Here, they review the case de novo, meaning they take an entirely new approach to the case. You cannot add anything to the record, which will be read to the court or a 12-person jury.
Since the Department of Labor and Industries is only original jurisdiction for workers compensation related matters, you are still able to sue them for negligence in other areas. If, for example, your personal information was compromised and shared on the dark web, you can sue the Department for breach of your private information.
You have a right under the Freedom of Information Act to receive any information you have requested from L&I within 5 business days. The Department is not exempt from providing you with your information, so you can sue them for non-compliance to that law.
Whether you are appealing a decision on your claim or suing L&I for matters unrelated to your workers’ compensation claim, it is crucial that you hire an attorney versed in Workers’ Compensation Law to represent you.
When it come to matters related to your claim, a Workers’ Compensation Attorney will know the intricacies of Workers’ Compensation Law much better than a judge who is not versed in that particular area of law. Additionally, if you are unfamiliar with the rules and requirements of the court, your case can be quickly dismissed.
It is in your best interest to hire someone who is skilled at arguing for workers’ rights. Not only are they familiar with the court system, but they will also be able to speak up for you when your main focus is healing from an injury. Call Emery | Reddy, PC to speak with an experienced Intake Specialist and learn how our Legal Team can help prepare you to take on your workers’ compensation claim and any decisions the Department might throw your way.
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.
