If you are injured at work or develop an occupational disease in Washington State, you may be entitled to benefits through the workers’ compensation system administered by the Department of Labor & Industries (L&I). These benefits are intended to support injured workers by covering medical treatment, replacing lost wages, and providing compensation for permanent disability in qualifying cases.
This page provides a summary of L&I benefits available under Washington law, explains how different benefits apply, and highlights common issues affecting eligibility and payment.
Overview of Washington L&I Benefits
Washington workers’ compensation benefits fall into several categories. Not every worker receives every type of benefit, and eligibility depends on the facts of each claim, including medical findings, work restrictions, and vocational outcomes.
Depending on the type of workers’ compensation claim you have, L&I benefits may include medical care, time-loss or wage‑replacement payments, permanent disability awards, vocational services, and, in the most severe cases, lifetime pension benefits.
How to File an L&I Claim in Washington State
In order to receive benefits from L&I, there are two very important things that you must do right away, even before a claim is filed:
- Get medical help.
- Tell your employer.
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 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.
To file an L&I claim in Washington state, you must provide the following:
- The location where the injury occurred
- Contact information for any witnesses to the injury
- Employer information
- Wage information
- If you have already seen a doctor:
- Your doctor’s first and last name
- The hospital or clinic where you received treatment
If you are eligible for time-loss benefits and no further information is needed, L&I or your self-insured employer will send the first benefit check within 7 days of receiving the report. 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.
L&I or your self-insured employer must receive your Report of Accident within 1 year of your injury date to file a claim. occupational disease claims must be received within 2 years from the date that your doctor notifies you in writing that your injury is work-related.
Medical Benefits and Treatment Coverage
When an L&I claim is accepted, injured workers are generally entitled to medical treatment that is reasonable and necessary for their workplace injury or occupational disease. Medical benefits may include doctor visits, hospital care, surgery, physical therapy, prescription medications, and other approved treatment.
While medical benefits do not result in direct payments to the worker, disputes often arise when L&I questions whether treatment is necessary or whether a condition is work‑related. These disputes can significantly affect the progression of a claim.
L&I Medical Provider Network
Workers’ compensation medical benefits will be available to you for as long as your Washington State L&I claim is open, even if you have returned to work. Your first visit to a doctor for a workplace injury is covered by L&I, even if your claim is not approved. If you need medical care after the first visit, you will need to see an approved provider in the L&I network.
Time Loss (Wage Replacement) Benefits
Workers who are unable to work due to a work‑related injury or illness may receive time‑loss compensation, which partially replaces lost wages during periods of medical disability.
Time‑loss benefits are calculated based on wages at the time of injury and may increase depending on the worker’s dependents. Payments generally continue until a worker can return to work or until L&I determines the worker has reached maximum medical improvement.
Time-loss is paid every two weeks while you are not working. The Department of Labor and Industries (L&I) will reimburse you for lost time and wages — typically between 60-75% of the worker’s earnings prior to the injury or disease up to a maximum cap. The IRS considers time-loss compensation to be a disability benefit, not earned income, so income tax laws do not apply. Use our time-loss calculator to determine what yours may be.
How Do I Qualify for Time-Loss Benefits?
- Have an open and allowed Washington State L&I claim.
- Have an Activity Prescription Form (APF) on file with L&I that has been filled out by an approved L&I provider.
- Verify that you are not currently working by filling out a Work Status Form and submitting it to L&I.
Time Loss Calculator
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*Time loss is subject to a maximum set by L&I and adjusted annually. This calculation is as of 2022. Call Emery Reddy to discuss your specific case.
What Activities Are Prohibited While Receiving Time-Loss Benefits?
- You may not work while on time-loss unless you are approved for loss of earning power (LEP) benefits. Prohibited activities are those that are unrelated to your job that may indicate that you are physically capable of performing physical tasks.
- Do not post anything on your social media accounts that may contradict your Washington state L&I claim.
- Do not miss your medical appointments.
- Follow your doctor’s advice about activities, including sports and recreational activities.
HOW IT WORKS
Watch This Video to Learn More about Time-Loss and Disability
Loss of Earning Power (LEP) Benefits
If a worker returns to employment but earns less due to injury‑related restrictions, L&I may provide Loss of Earning Power (LEP) benefits. These payments are intended to partially offset reduced wages while the worker remains capable of working in a limited capacity.
LEP benefits can significantly impact the overall value of a claim and are frequently the subject of disputes.
How Do I Qualify for LEP Benefits?
Your loss of earnings must be greater than 5% of wages at the time of injury. Some examples include:
- Returning to work for less pay
- Returning to work at your regular wage but at reduced hours
Furthermore, you must meet the following criteria:
- Your doctor must certify that your loss of earning capacity is due to your work-related injury or occupational disease. If your doctor approves a written light-duty or transitional job and you choose not to accept the work, you are not entitled to LEP or wage replacement.
- You must still be working and earning income salary, wages, or commission.
Vocational Rehabilitation and Training Services
Vocational rehabilitation is available to injured workers who are unable to return to their existing profession. The following services are included in workers’ compensation vocational rehabilitation training:
- Vocational recovery
- Ability-to-Work Assessment (AWA)
- Plan development or work relating to prior job experience, education, or other transferable skills (must be completed and submitted to the Washington State Department of Labor and Industries (L&I) within 90 days of the day the worker commences vocational plan development)
- Plan implementation (vocational training)
- Counseling
- Job placement
L&I cannot close your Washington state L&I claim until either you return to work or your doctor has deemed that you are able to return to work. See RCW 51.32.095.
How Do I Qualify for Vocational Rehabilitation?
L&I determines if you qualify for workers’ compensation vocational rehabilitation during the Ability-to-Work Assessment (AWA). The final report to L&I includes the following:
- Your age, education, and work experience
- Your transferable skills
- Preexisting physical and mental conditions and their effect on your employability
- Physical and mental conditions caused by your injury or occupational disease and their effect on your employability
- Your wage at the time of injury
- Your work pattern
- Significant barriers to your employment
- Surveys of potential jobs (referred to as labor market surveys)
- Complete work history, explaining any gaps in employment and any licenses or training that you may have had in addition to your formal education
It is strongly advised that you talk to a local Washington state L&I attorney before you start working with a Vocational Rehabilitation Counselor (VRC). A VRC works for the Washington State Department of Labor and Industries (L&I) or the self-insured employer (SIE) and is responsible for making recommendations about your future in the workplace. VRCs and L&I Claims Managers are skilled at finding ways to argue that you can return to the workforce in some other job — even if it’s a job you’ve never performed.
HOW IT WORKS
Learn More about Vocational Rehabilitation
Travel, Property, and Miscellaneous Benefits
In limited situations, workers may also be entitled to:
- Travel reimbursement for medically necessary appointments
- Property damage reimbursement for items damaged during a workplace injury
- Survivor benefits, also known as death benefits, in fatal injury cases
While less common, these benefits may be important depending on the circumstances of the injury.
Independent Medical Examinations and Benefit Disputes
Many L&I benefit decisions are influenced by Independent Medical Examinations (IMEs). IME opinions frequently affect treatment authorization, wage‑replacement eligibility, impairment ratings, and claim closure.
IME findings can be challenged when inaccuracies or mischaracterizations occur.
How L&I Benefits Affect Claim Value
L&I claims do not include pain‑and‑suffering damages. Instead, total claim value depends on the combination and duration of benefits received, including time‑loss, LEP, PPD awards, settlements, or pensions.
HOW IT WORKS
Learn How Employment Law and L&I Claims Work Together
Your Washington State L&I Claim Is Worth More If You Also Have an Employment Claim
A significant number of Washington state L&I claims often involve additional legal claims such as employment or third-party claims. Many people file their claims without seeking representation from an experienced Seattle L&I attorney and thus never discover that, in addition to their Washington state 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 Seattle workers’ compensation and L&I attorney has the potential to significantly increase a claim’s overall compensation. At Emery | Reddy, our experienced Attorneys practice both Employment and Labor Law as well as 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.
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, discrimination, or unpaid wages. An L&I attorney who is experienced in both L&I — Workers’ Compensation Law and Employment and Labor Law can help you with your Washington state L&I claim while simultaneously filing a federal or state law claim for the violation of workers’ rights by your employer.
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 Washington state 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.
How Do I Know If I Have a Strong Washington State L&I Claim?
If you have a Washington state L&I claim or wonder if you should contact an experienced Washington workers’ compensation attorney, ask yourself the following:
- Have I been denied the medical 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 Washington state L&I claim process?
If any of the above apply to you, Emery | Reddy may be able to help.
Navigating a Washington state L&I 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 Seattle workers’ compensation and L&I 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 local Washington L&I attorneys are here for you every step of the way.
When to Speak With a Washington L&I Attorney
If you are concerned that your L&I claim has been undervalued, closed too early, or denied important benefits, speaking with a workers’ compensation attorney can help clarify your options. Emery | Reddy represents injured workers throughout Washington State in L&I claims involving benefit disputes, PPD ratings, vocational issues, settlements, and disability pensions.
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To determine the value of your L&I (workers’ compensation) settlement you first need to understand the different types of L&I settlements offered in Washington state.
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