Tag Archive for L&I

Worker’s Memorial Day

In observation of Worker’s Memorial Day today, the Workers Compensation Attorneys at Emery Reddy commemorate the 69 individuals who died in Washington State last year as a result of job-related injuries and illnesses. Our heartfelt sympathies go out to families, friends and co-workers, and our deepest gratitude goes to the fallen workers for their service.

September 11 Cancer Victims Fight for Compensation

 Last week an advisory medical panel recommended that over 30 different types of cancers be covered by the Zagroda 9/11 Health Care Act for those suffering from illness as a result of Ground Zero toxins.

The advisory committee says studies show a large number of cancers, including blood, digestive, skin, oral and respiratory diseases, are directly linked to dust at the World Trade Center after the September 11th attacks. Yet cancer was left out of the Zadroga health care bill despite dedicated advocacy from people who fell ill after breathing toxins at Ground Zero. The administrator of the program wanted more conclusive evidence.

If the government approves the recommendations, cancer victims would be eligible to apply for a share of the $2.8 billion compensation fund. The panel is scheduled to present its findings on April 2.

Yet Feal noted that even when the panel’s recommendation is made, a bitter political fight could remain. “Once it gets down to deciding what cancers to add, that becomes political — when people debate what can be afforded or not,” he said. “That’s what we have to fight against.”

Read more details here about 9/11 compensation.

If you are suffering from any occupational illness or work injury and need professional assistance to recover your workers compensation benefits from the Department of Labor and Industries, contact an L&I Lawyer at Emery Reddy today. We represent clients who want to appeal a denied L&I claim, or who have been required to complete an independent medical examination. Our knowledgeable and experienced Workers Compensation Attorneys and Seattle employment attorneys provide guidance to workers experiencing any difficulty with an L&I claim.

OSHA Warns Workers of Hazards in Tornado Recovery Efforts

 As residents recover from storms that created havoc across the Midwest and South last week, the U.S. Department of Labor’s Occupational Safety and Health Administration has been on the scene to provide compliance assistance to cleanup and recovery workers who face multiple hazards in their activity.
“The safety and health of these cleanup crews is our chief concern, and we are on the ground in affected areas providing compliance assistance,” said Greg Baxter, OSHA’s acting regional administrator in Chicago. “Storm recovery efforts expose workers to a wide range of hazards, which can be minimized by knowledge, safe work practices and personal protective equipment.”

Hazards common to cleanup and recovery work can include illness from exposure to contaminated water or food, downed electrical wires, carbon monoxide and electrical hazards from generators, slip and fall hazards, being caught in unprotected excavations or confined spaces, burns, lacerations, back and neck injuries, exposure to hazardous materials, and being injured by traffic or heavy equipment.

Workers and employers participating in storm or tornado recovery efforts can call OSHA’s toll-free hotline at 800-321-OSHA to speak with representatives in their areas who offer on-site assistance. Fact sheets, quick cards and other educational materials on workplace safety and personal protective equipment are available on the agency’s Tornado Recovery Web page at http://www.osha.gov/dts/weather/tornado/index.html.

While tornadoes are almost unheard of in Washington State, we have our fair share of heavy storms each winter, and many Washington workers find themselves in harm’s way during the recovery efforts. If you are suffering from a work injury, need help recovering your workers compensation benefits from the Department of Labor and Industries, or want to appeal a denied L&I claim, contact an Employment attorney at Emery Reddy today. Our experienced L&I Attorneys and Seattle Workers Compensation Lawyers  can also help workers who have been required to complete an independent medical exam, or who have other difficulties with their L&I claim.

 

L&I Accepting Public Comments for New Structured Settlement Rules

The Department of Labor & Industries will host four hearings for public comment on regulations concerning structured settlement agreements for workers’ compensation claims.

In 2011, the Washington State Legislature passed several major workers’ compensation reform acts.  Engrossed House Bill 2123 permits workers, employers or the Dept of Labor & Industries to open and negotiate structured settlement agreements to resolve claims for qualified injured workers age 55 and over.

A structured settlement agreement is defined as an agreement between a worker, his or her employer, and L&I that seeks to resolve future non-medical benefits on a claim. For the majority of structured settlements, claims are closed and workers receive a fixed compensation payment in installments as laid out in the agreement.

As explained by Dustin Dailey, Program Manager: “Structured settlement is another option for those injured workers who want to pursue work or retirement goals independent of the system.”

L&I oversees current negotiations with injured workers and State Fund employers who insure through L&I. The agency is not involved with structured settlement agreement proceedings for self-insured employers.

Although a worker may enter into a structured settlement agreement, he or she may still receive prescribed medical treatment for conditions covered by their claim.

The proposed rules concern the implementation of the legislation, and are available under L&I rules at the Structured Settlement website.

Public hearings on the proposed rules will be held at:

  • Vancouver, Feb. 21, 10 a.m., Red Lion at the Quay, 100 Columbia St., 98660
  • Tukwila, Feb. 21, 1 p.m., L&I Tukwila office, 12806 Gateway Dr. S., 98168
  • Tumwater, Feb.22, 10 a.m., L&I Tumwater building, 7273 Linderson Way S.W., 98501
  • Spokane, Feb.22, 10 a.m., Center Place Event Center, 2426 N. Discovery Place, 99216

Written comments will be accepted until 5 p.m., Feb. 24. You can submit written comments to Nancy James at Nancy.James@lni.wa.gov

Fax: 360-902-4960
Mail: Department of Labor & Industries, P.O. Box 44208, Olympia, WA 98504
Hand delivery: L&I, 7273 Linderson Way SW, Tumwater, WA  98501.

Washington’s State Fund is the seventh largest workers’ compensation insurer in the country. It provides insurance to employers and workers at no profit; the money to pay claims comes from premiums and investment income. The State Fund does not get any money from state taxes that go into the state General Fund or from the federal government.

For legal advice and assistance with your L&I claim, contact a Seattle Workers’ Compensation Attorney at Emery Reddy. If the Department of Labor & Industries has required you to complete an Independent Medical Exam, we urge you to consult with an attorney prior to attending the IME.

Am I required to attend an Independent Medical Exam?

Appeal a denied L&I claim: If your claim has been rejected, it is in your best interest to work with an experienced L&I attorney to appeal denied L&I claims. The Dept of Labor and Industries has established time limits for appealing rejected injury claims, so we encourage you to consult an Emery Reddy attorney for assistance right away.

L&I Launches “Stay at Work” Program

Employers who give injured workers the opportunity to stay at light-duty jobs during their recovery may be eligible for reimbursement through the Department of Labor & Industries.  This incentive has emerged out of a new program in Washington State designed to keep injured workers in their jobs, while supporting employers who make this possible.

Washington’s new Stay at Work program is open to employers who pay workers’ compensation premiums to L&I. The program partially reimburses those businesses for the cost of returning employees with a work injury to light-duty jobs before they have medical clearance to return to their primary positions.

While the program was just launched yesterday, the legislation that produced it went into effect in June of 2011.  L&I claim managers anticipate that thousands of reimbursement requests from businesses who’ve already been offering light-duty jobs to employees with work-related injury during the period since the legislation passed.

The new program is one of a number of historic workers’ compensation reforms to come out of the 2011 Washington legislative session. These reforms are intended to lower costs and improve the recovery rates for workers with on-the-job injuries.

“The Stay at Work program gives us a unique opportunity to give Washington businesses an active role in their injured workers’ recoveries and return to productive employment,” said L&I Assistant Director for Insurance Services, Beth Dupre. “Most important, we have a much better chance of helping injured workers stay on salary and in the game while they recover under their doctor’s care.”

Employers participating in the Stay at Work program help injured workers by creating light-duty or “transitional” jobs that adhere to physician’s recommendations and medical restrictions. Some workers will need to undergo an Independent Medical Examination as part of this process. During the prescribed recovery time, the injured worker earns wages from the employer rather than receiving time-loss compensation from L&I.  For example, a worker with a construction site injury might take an inventory job while recovering from a back injury. Then through the Stay at Work program, L&I reimburses the employer for half of the worker’s base wage, plus some additional expenses (not to exceed $10,000 per L&I claim).

The program has already proved effective in Oregon, showing a tendency to speed recovery time and reduce long-term disability for a given workers compensation injury.  Medical studies indicate that many workers recovering from an injury are less likely to suffer from long-term disability when they remain active and engaged.

“This is a win-win for our employers,” Dupre said.  “It’s a strategy that will help their businesses and workers, and it won’t negatively impact their premium costs.”

If you need help with your L&I injury claim, contact a Seattle L&I Attorney.