Navigating a Workers’ Comp Claim
While a workers’ compensation claim isn’t litigated and “won” like an employment or personal injury claim, there are still ways an injured worker can fight for further treatment and a greater award for their industrial injury or occupational illness. The workers’ compensation claim process is anything but straightforward. Without the right tools and resources, navigating your L&I claim can easily aggravate an already stressful situation. To make the most of your workers’ compensation claim follow the ten steps below.
Tell Your Employer
You cannot receive workers’ compensation benefits, let alone win our workers’ comp claim, until you report your injury or occupational illness to your employer.
File the Correct Forms
If you sustain an injury on the job, you must file a Report of Industrial Injury or Occupational Disease (printed copies are available at your doctor’s office) within one year of the incident, or else you lose your right to do so according to RCW 51.28.050 of the Washington state Legislature. That said, while you have a year to file, it’s generally advisable to file sooner than later.
If your employer is self-insured, fill out a Self-Insured Accident Report (SIF-2) form. If your employer does not have one on hand, you can fill the SIF-2 out online or order a free copy by mail. Instructions on how to complete the form can be found here.
Choose a Doctor
When you have an open L&I claim, you’re entitled to medical care. However, your employer can’t make you choose a specific care provider, and they can’t force you to see a certain doctor to begin your L&I claim.
You can choose your own L&I doctor — and it’s crucial you do so. Selecting the right care provider who will take your claim seriously, and fully explore your injury, will increase your chance to have a successful outcome in your workers’ comp case.
Here’s how it works:
- Choose any doctor who is also an approved L&I examiner.
- If you see your primary care doctor first and they’re not an approved examiner, you can switch to a different doctor of your choice.
- Should you wish to change your doctor for an L&I claim, you must complete a specific care transfer form.
Gather Your Documentation and Information
You will want to be prepared for any request for documentation or any questions that you might be asked when you file your claim. Being ready in advance will ease your mind and provide you with the best case scenario to make the most of your workers’ comp claim.
Have the following on hand:
- The location where the injury occurred
- Contact information for any witnesses to the injury
- Employer information
- Wage information
- Names and birth dates of your dependents
- Your doctor’s first and last name*
- Hospital or clinic where you received treatment*
*If you have already seen a doctor.
File Your L&I Claim
Now that you’re prepared and have everything in order, you’re ready to file your claim. If you are injured at work, you have three options to file a Washington state L&I claim:
- File by phone at 877.561.3453.
- File online.
- File at your doctor’s office.
To open a workers’ compensation claim with L&I, you will need help from your doctor. Your doctor will need to complete each of the following tasks:
- Confirm that your injury is, in fact, work-related
- Determine your ability to return to work
- Complete the Report of Accident form
Understand Your Worker’s Rights
As an employee in Washington state, you are entitled to several protections and benefits under state and federal laws. Everyone deserves to be paid fairly, work free of discrimination and harassment, and perform their job in a safe work environment. Learn more about your worker’s rights.
Prepare for Your Independent Medical Examination (IME)
If you’ve been asked to attend an IME, make no mistake — your L&I claim is on the line. Washington IME doctors work for L&I, and their opinions are designed to support L&I decisions.
If you received a letter that you’ve been scheduled for an IME, we strongly recommend contacting an L&I and workers’ compensation attorney prior to attending the appointment. This puts you on the best path to receive the most treatment and benefits for your workers’ comp claim.
The doctor’s report could come back with one or more of the following diagnoses:
- Faking or exaggerating:You aren’t injured or aren’t injured badly enough to warrant the level of care and time off requested.
