How Much Is My L&I Settlement?

L&I settlement amounts are based on your income, how many dependents you have, and the type and severity of your injury. Use our L&I Settlement Calculator to help you figure out how much you could get for your L&I claim.

Wage Replacement Settlement Calculator

Use the settlement calculator below to find out what your basic monthly L&I payment will be. If it’s less than you expected, don’t panic yet. How much one person’s L&I settlement is worth may be entirely different than another injured worker’s if even the slightest difference in facts or circumstances exists.

Consulting with a workers’ comp attorney can help you determine whether you have additional claims that need to be evaluated or if you qualify for a lifetime pension and other benefits. Read on for more information about the different types of L&I settlements available to injured workers.

Wage Replacement, Disability Settlements, And Pensions

Thousands of people are injured while working in Washington every year and each one of them suddenly faces very difficult financial, medical, psychological, and emotional situations. Typically, L&I replaces wages while you’re recovering and/or due to disability resulting from the injury. The more serious your injury, the greater the recovery to which you are entitled. These include:

• Time-Loss Compensation
• Settlements
• L&I Pensions

We’ll explain what each of those is, what you can expect to receive, and more about L&I claim value.

Time-Loss Compensation

If your injury requires you to be out of work for some time, L&I or your self-insured employer is required to pay you for a portion of that missed time, known as wage replacement, or time loss compensation.

The pay rate for time-loss compensation is 60-75% of your regular wages up to a certain amount (based on this chart from L&I). The exact percentage depends on how many dependents you have. The Washington State Department of Labor and Industries uses the following information and an L&I settlement calculator to determine how much your claim is worth.

Because L&I’s wage replacement isn’t a full paycheck, you may want to consider light-duty accommodations with your employer depending on your injury.

The IRS considers time loss compensation a disability payment, so you won’t have taxes taken out for those payments.

Permanent Partial Disability Settlements

Permanent Partial Disability (PPD) means that your injury allows you to still function in your chosen work, but not at full capacity. Examples include back injuries, carpal tunnel syndrome, amputation, hearing loss, and vision damage. These types of injuries are serious, but they won’t necessarily prevent you from returning to work. The payout for PPD injuries is typically a settlement, either in a lump sum all at once, or a structured settlement that pays a big chunk now and smaller payments later.

How Much Settlement Money Can I Get For An L&I Permanent Partial Disability Claim?

Permanent Partial Disability settlements are based on the type of injury and the level of severity of the injury, measured by a “category rating.” In general, the higher the rating, the bigger the payout. It’s a good idea to familiarize yourself with this chart but remember that it’s only a starting point. Your PPD claim payout will vary based on different factors, including:

• The seriousness of your injury/disability: injury severity is based on your Independent Medical Examination rating, and can drastically affect how much PPD settlement money you receive.
• When the injury happened: Washington L&I updates injury payouts each year based on the cost of living adjustments (COLA); the date of your injury will influence your L&I settlement amount.
• What you’ve done to help yourself: if you’re proactive regarding your injury claim and work hard to ensure your claim has the correct information, you could earn more in your settlement payout.

What L&I doesn’t tell you is that the claim manager assigned to your case has a lot of discretion in choosing which category rating to assign to your injury, which can impact your L&I settlement amount. A good lawyer and the right doctor are usually the winning combination to unlocking the maximum amount of benefits to which you are entitled in PPD settlements.

What Are L&I Pensions?

An L&I pension is a lifetime payment on a permanent disability resulting from a work-related injury. If the disability prevents you from being able to ever work again, you may qualify for an L&I permanent disability pension. Additionally, you could receive a lifetime pension if your injury resulted in vision loss, limb loss, or functionality loss in one or both arms or legs.

You must be certified as completely or permanently disabled before your claim closes to qualify for this type of payout.

Your disability pension amount is calculated based on your age, number of dependents, whether you’re collecting Social Security Disability payments, and other factors. A good rule of thumb is 60-75% of your wage rate prior to your injury, similar to time-loss compensation. This amount is paid twice monthly for the rest of your life and can even be extended to your spouse and children after your death.

Pensions are hotly contested. Because these claims are expensive to fund, it’s sometimes cheaper for the state or self-insured employer to fight a claim rather than just pay it. In other words, your claim has value, and as such, you should expect to fight hard for it.

Seek counsel early if you think you are entitled to a pension. Under Washington law, you cannot get a pension without an attorney, so it’s important to get advice sooner rather than later. Strategy is everything, and you want to start with one that has the best chance of winning you a pension!

Your L&I Claim Is Worth More If You Also Have An Employment Law Claim

Did you know that a large number of workers’ comp claims also have employment law or third-party claims? Many people file without hiring an attorney, and thus never discover that in addition to their claim, they may also be able to file an employment law claim or a third-party claim, which can increase the overall compensation.

What Is An Employment Law 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 attorney that 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.

Here at Emery | Reddy, PLLC, we check every claim to see if our clients have additional claims, which can sometimes wind up being much larger than the underlying workers’ compensation claim. There is no limit on the award you can win for a violation of your employment law rights.

What Is A 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 at the fault of 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. Examples of liable third-parties:

• The driver of a car that hit you while you were working.
• The manufacturer of a defective product that injured you while at work.
• The property owner who failed to maintain the building where you were working when you were injured.
• The owner of the animal that bit you while on the job.

Unlike workers’ comp payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. When analyzing how much your L&I claim is worth, every possible outlet for potential recovery should be included in that analysis. This is yet another reason to speak with an experienced L&I attorney if you’ve been injured on the job, as there could be multiple liable third parties that should help make you as whole as possible as you fight to get back on your feet.

Who Is At Fault For A Job Injury?

L&I is a no-fault system and must be paid out for any workplace injury. However, if there is a third-party involved in causing the injury, you may be able to sue them for additional compensation under third-party claims.

If you need to file a third-party claim, call the legal team at Emery | Reddy, PLLC to ensure your claim is handled correctly.

What Is The Impact Of An Injury On An L&I Claim Settlement?

The more severe your injury is, the higher the claim settlement you can expect. However, aside from permanent disability, injuries are grouped and paid out at the same amount regardless of how it impacts an individual’s life.

Say that two people, a singer, and a surgeon, experience workplace injuries that result in arm amputation from the elbow down. For the singer, the lifestyle change of this injury doesn’t severely impact their job. However, a surgeon who works with their hands can no longer perform their job and likely needs to find a new career.

The doctor may be impacted more, but L&I views these injuries as identical and will pay the same amount for both injuries.

Do I Need A Lawyer To Maximize My Claim?

The bottom line is that anyone who isn’t familiar with L&I claims should seek the input of experienced professionals who do.

After years of helping injured workers, we’ve recovered millions for our clients in situations where they were hurt during a delivery, tripped over ill-placed parcels in a doorway, involved in an auto collision while on the clock, or hurt by a faulty safety strap, platform, or rigging.

We highly recommend hiring the same law firm to maximize your total award for all of your claims. Our team of attorneys is experienced in litigating injury law claims, employment violations, and L&I claims. We understand how to leverage each claim in state (or federal) court and before the Board of Industrial Insurance Appeals in order to maximize the value of all of your claims.

If you have been injured in the workplace and want to know how much your L&I claim is worth, you have nothing to lose by calling us. We know it can be scary and overwhelming when you’re injured and unable to work with bills to pay. If you’re facing this difficult situation, call Emery | Reddy today to speak with our legal team to find out if you have a case and discover your options. Please remember to have your L&I claim number readily available.