Emery | Reddy, PLLC: Personal Injury FAQ
Laws regarding personal injury and insurance are extremely complex. To ensure that you receive the full compensation to which you are entitled by law, hiring an experienced Personal Injury Accident attorney is generally the most reliable option. Small claims court can sometimes handle matters involving minor sums of money; however, an injured party should always consult an L&I attorney in cases that involve larger claims.
Most people suffering from a personal injury have similar questions, and the experienced Personal Injury Accident Attorneys at Emery | Reddy have answers. Read more to learn the answers to some of the most common personal injury accident questions that we hear from injured workers.
Do I Have to Pay Taxes on My Personal Injury Recovery?
No. Awards to make a person whole as a result of a personal injury are not taxable as income.
Will My Insurance Premiums Increase as a Result of Litigation?
No. An insurance company may not retaliate against you for enforcing your statutory or contractual rights. If you were not at fault for the accident, your rates should not increase. If your rates have gone up and you were not at fault, you should call Emery | Reddy to speak with an experienced Intake Specialist for a Free Case Review and to learn how we may be able to help you with your claim.
How Much Can I Recover in Damages?
In Washington state, pain and suffering damages are awarded to compensate individuals for their injuries. These damages are received in addition to compensation for lost wages, property damage, and medical bills. Most insurance companies will not offer you damages for pain and suffering unless you hire a Personal Injury Accident attorney who knows what to ask for.
If a third party was involved in your personal injury, there is potential to recover further compensation through a third-party claim.
What Should I Do If I’ve Been Injured?
1. Report your injury or illness: L&I or your self-insured employer (SIE) must receive your Report of Accident within 1 year of your injury date to file a claim. Occupational illness claims must be received within two years from the date of your doctor’s diagnosis.
2. Seek medical attention: Your doctor will send the report to L&I or your self-insured employer. If your doctor is one of the many healthcare providers that do not handle workers’ compensation claim cases, you can find an L&I-approved doctor on the L&I website. If your L&I claim is approved, L&I will cover the initial visit even if it wasn’t with one of their approved doctors.
3. File a claim: If you are injured at work, you have three options to file a Washington state Labor and Industries claim:
- File by phone at 877.561.3453.
- File online through the L&I website’s File Fast tool.
- File at your doctor’s office.
Note that if you work with a self-insured employer, you must file your claim with them. Contact your employer’s personnel department for help.
4. Hire an L&I attorney to represent you: Make sure to keep a journal of everything that transpires. We also recommend that you keep an electronic version of your journal to forward to your Seattle L&I attorney, if necessary.
Is My Personal Injury Accident a Third-Party Claim or an L&I Claim?
Third-Party Claim
A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.
Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.
If your personal injury leaves you out of work for an extended period of time, you may be entitled to compensation for pain, suffering, and lost wages.
L&I Claim
An L&I claim results from a workplace injury or occupational illness. An L&I claim is monitored and managed by an L&I Claims Manager who sees the process through from initial claim filing to closure. If all goes as planned, your claim is accepted by L&I and you will receive certain benefits.
When you are injured or contract certain types of illnesses at work, you are entitled to certain workers’ compensation benefits. You can file an L&I claim in Washington state through the L&I website’s File Fast tool, by calling the L&I office at 877.561.3453, or at your doctor’s office. After you file, it is imperative that you call an experienced L&I attorney to help you navigate the L&I claims process.
Our Seattle L&I Attorneys Will Help You Recover:
- Medical benefits: L&I medical benefits will cover all medical costs associated with your claim. This can include doctor appointments, treatments, surgeries, occupational therapy, and prescription medications.
- Time-loss and wage replacement: If you are approved for time-loss benefits, you may receive compensation for lost wages and vocational rehabilitation.
- Damages for pain and suffering: L&I settlement and award amounts vary widely and typically fall into three categories:
1. L&I disability pension: A life-long benefit awarded to injured workers who will never be able to return to any gainful employment due to a severe or life-threatening injury.
2. Permanent partial disability (PPD) award: A one-time sum paid to injured workers when their L&I claim is closed. The worker can re-enter the workforce following a PPD award.
3. Claim resolution settlement agreement (CRSA): An L&I settlement option where all parties agree to close an injury claim for a specified amount. When agreeing to this settlement type, the injured worker exchanges all future L&I benefits, except medical, for the payment.
We understand that many families depend on the income of an injured worker, and our L&I and Personal Injury Attorneys are dedicated to winning the benefits and compensation you are entitled to by law. Our practice was founded on a commitment to advocating for workers’ rights, and we are proud of our record protecting the injured and disabled. Call us today to learn how Emery | Reddy can help you with your personal injury L&I claim.
HOW IT WORKS
Watch This Video to Learn More about How Employment Law and L&I Claims Work Together
Your L&I Claim Is Worth More If You Also Have an Employment Claim
A significant number of L&I — workers’ compensation claims often involve additional legal claims such as employment or third-party claims. Many people file their claims without seeking representation from an L&I attorney and thus never discover that, in addition to their L&I claim, they may be missing out on the ability to file an employment claim or a third-party claim. Pursuing additional legal action with the help of an experienced Labor and Industries attorney has the potential to significantly increase a claim’s overall compensation. At Emery | Reddy, our experienced Attorneys practice both Employment and Workers’ Compensation Law, which means we will investigate all aspects of your claim to make sure you aren’t missing out on any potential benefits.
What Is an Employment Claim?
Many injured workers find that their employer has taken, or plans to take, adverse action against them because they filed an L&I claim or they are out of work. You can file a lawsuit against your employer for several reasons, including retaliation, wrongful termination, disability discrimination, or unpaid wages. An L&I attorney who is experienced in both L&I — Workers’ Compensation Law and Employment Law can help you with your L&I claim while simultaneously filing a federal or state law claim for the violation of workers’ rights by your employer.
Who Is at Fault for a Workplace Injury?
L&I is a no-fault system, ensuring compensation for any workplace injury. However, if a third party is involved in causing the injury, you may be able to pursue legal action against them for additional compensation under third-party claims.
How Do I Know If I Have a Strong L&I Claim?
If you have an L&I claim or wonder if you have a personal injury case, ask yourself the following:
- Have I been denied the medical care benefits to which I am legally entitled?
- Has L&I asked me to undergo an Independent Medical Exam (IME)?
- Do I have questions about the L&I claim process?
If any of the above apply to you, Emery | Reddy may be able to help.
Navigating a workers’ compensation claim can be difficult and very time-consuming, especially when you’re ill or injured. You want to focus on healing and make sure your bills are paid, but if you don’t file things properly or on time, your health, home, and job could be in jeopardy. Many individuals miss out on much-needed L&I benefits because they don’t understand what to do or how to get the most compensation for their injuries. If you are experiencing any challenges in your case, a Labor and Industries attorney can assist you. By contacting Emery | Reddy as soon as possible after you’ve been injured, we can help you avoid the common pitfalls of filing and navigating an L&I claim. Our Seattle L&I Attorneys are here for you every step of the way.
Emery | Reddy Can Help You with Your L&I Claim
Emery | Reddy is the only law firm in Washington state that is equipped to provide comprehensive representation on your case from every angle. Our Seattle L&I Attorneys thoroughly assess every case to determine if our clients have additional claims, and at times this can extend far beyond the underlying workers’ compensation claim.
If you have been injured in the workplace, call Emery | Reddy today for a Free Case Review with an experienced Intake Specialist to learn more about how we may be able help you.
Want More Information?
To determine the value of your L&I claim, you first need to understand the different types of L&I awards offered in Washington state.
Most people suffering from a personal injury have similar questions. Read more to learn the answers to some of the most common personal injury accident questions that we hear from injured workers.
Navigating an L&I claim can be extremely complex and time-consuming, even when you’re not the injured or sick party.
We fight for you
Meet the Team
The Personal Injury Attorneys at Emery | Reddy, PLLC are passionate about helping workers with L&I claims and Employment Law issues. We Help Workers®. It’s our motto and what drives us every day.
We know how L&I and big companies think, and we understand the tactics they use. Our Labor and Industries Attorneys use that knowledge coupled with over three decades of experience to help our clients get access to the L&I benefits to which they are legally entitled and hold employers accountable when they break the law.
If you’re struggling with an L&I claim, injury, or legal issue at work, call us for a Free Case Review with an experienced Intake Specialist to learn more about how Emery | Reddy may be able to help you today.
“In months of despair and the empty feeling of not being heard, Emery | Reddy answered my prayers. I stood up to a company that did not treat me or my co-workers fairly. Godspeed to Emery | Reddy for having my back! Thank you, from the bottom of my heart.”
— Isidro C.
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