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It is important to understand that only certain medical conditions and treatments are covered by the Washington State Department of Labor and Industries (L&I). To qualify for medical benefits, your injury or illness must be work-related. Some of the reasons that you may not be entitled to workers’ compensation medical benefits include the following:
In order to receive workers’ compensation medical benefits from L&I, there are two very important things that you must do right away, even before a Washington state L&I claim is filed:
L&I, or your self-insured employer (SIE), can approve your Washington state L&I claim if your doctor certifies that you were the victim of a workplace injury, or if you have an occupational disease. If your claim is approved, you may be eligible for medical benefits.
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.
Sometimes, workers who feel they have fully recovered will later find that they still need additional medical care for the same ongoing injury. If your claim was closed prematurely and you need further treatment, our local Washington L&I Attorneys can work to reopen your claim to ensure that any additional medical bills will be covered, including L&I disability benefits.
If your claim is open and allowed, L&I or your self-insured employer (SIE) will pay for all medical bills that are directly related to the on-the-job injury until your doctor certifies your injury has stabilized and reached maximum medical improvement. L&I or the SIE will only pay for medical care that is related to your accepted workplace injury or occupational disease. Proper and necessary services may be either curative or rehabilitative.
These benefits typically end when a workers’ compensation claimant reaches maximum medical improvement (MMI) or when the Washington state L&I claim closes.
Medical benefits will be available to you for as long as your 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. Your attending provider is responsible for:
Your attending provider may refer you to a specialist as long as they are in the L&I-approved network. Some of these providers may include:
You may also change doctors if:
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If your Washington state L&I claim is approved, you will receive a written order from L&I explaining your benefits. You have the right to a variety of L&I benefits to help pay for medical treatment costs and replace lost wages during the recovery period.
An Independent Medical Exam (IME) is a medical evaluation requested by the Washington State Department of Labor and Industries (L&I) or a self-insured employer (SIE) to review your medical history and accident details, to establish findings, opinions, and conclusions about your physical condition. Independent Medical Examinations (IMEs) are conducted by approved L&I providers and IMEs are intended to be objective, so no patient-provider relationship is established. However, IMEs can be problematic. Call Emery | Reddy today to speak with an experienced Intake Specialist and to learn more about how we may be able to help. No fee unless we recover for you.
Travel reimbursement is for expenses incurred in connection with medical treatment and must be pre-authorized. Workers’ comp travel reimbursement will be provided if:
To receive travel reimbursement, you must make your request within one year of the trip. You must include the date, destination, and your reason for travel. You must also save and submit all of your receipts on the L&I Travel Reimbursement Form.
After you file your Washington state L&I claim, you will follow several steps in order to reach claim closure and, with the help of an experienced Washington workers’ compensation and L&I attorney, receive the benefits to which you are entitled.
Your Washington state L&I claim can also be closed when your doctor has released you to work. This may be released to full-duty, released to full-duty but with reduced hours, released to light-duty, or released to light-duty with reduced hours.
If your workplace injury or occupational disease worsens after claim closure, you and your doctor may apply to reopen your claim. There must be medical evidence from an L&I-approved provider stating that after your claim closed, the condition caused by the original workplace injury worsened and needs more medical attention.
The amount of time that you have to reopen your Washington state L&I claim depends on the benefits you are seeking.
If your Washington state L&I claim is denied, you, your employer, and your doctor all have the right to protest or appeal any decision made about your workers’ compensation claim. L&I must receive a written protest within 60 calendar days of the date the decision was received (15 days for decisions about vocational benefits) or the decision will become final.
You may also appeal directly to the Board of Industrial Insurance Appeals (BIIA). The decision becomes final if your written appeal is not received within the following legal time limits from the date you received the decision:
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 local Washington 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.
L&I is a no-fault system, ensuring compensation for any industrial disease. However, if a third party is involved in causing your illness, you may be able to pursue legal action against them for additional compensation under third-party claims.
If you have a Washington state L&I claim or wonder if you should contact an experienced Seattle L&I attorney, ask yourself the following:
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 Seattle L&I Attorneys are here for you every step of the way.
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. No fee unless we recover for you.
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Whether you’ve been injured on the job, subjected to mistreatment in the workplace, or affected by a privacy breach, our expert attorneys are here to help.