Is Your Mental Health Claim Valid?
It is not uncommon for someone to develop a mental illness due to a traumatic incident at work, whether or not they were physically injured. Additionally, an industrial injury can aggravate a preexisting mental health condition; however, this can be harder to prove. Unfortunately, since there is not often much physical evidence to support a mental health claim, L&I and self-insured employers (SIEs) find many ways to deny treatment by saying that the worker is not injured. As with any injury, it is important to document your symptoms and keep a record of your mental illness as it develops or worsens.
Get Help with Your Mental Health
PTSD, trauma, and work-related mental health issues can be just as devastating for workers as suffering a physical workplace injury. Unfortunately, these issues can become more than the worker can handle, and they may choose to end their life.
If you or someone you know is struggling with thoughts of suicide, we urge you to get help:
While mental health conditions cannot be diagnosed with a stethoscope or x-ray, it is important to identify and treat these conditions so that you can continue to live the full and happy life you deserve. The Mental Health Attorneys at Emery | Reddy can help you get the support you need for your mental health claim.
Is Your Mental Health Issue a Third-Party Claim or a Washington State 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 someone’s actions have caused you emotional distress or trauma, you may be entitled to compensation for pain, suffering, and lost wages.
Washington State L&I Claim
A Washington state L&I claim results from a workplace injury or occupational disease. 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.
What Compensation Are You Eligible For?
- 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 benefits: If you are approved for time-loss benefits, you may receive compensation for the lost wages and vocational rehabilitation.
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 Mental Health Lawyers 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 for a Free Case Review with an experienced Intake Specialist and learn how Emery | Reddy may be able to help. No fee unless we recover for you.
