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.

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.

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.

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.

The OFCCP’s prospective rule would bolster affirmative action requirements set forth in Section 503 of the Rehabilitation Act of 1973, and obligate federal contractors / subcontractors to give equal employment opportunities to qualified workers with disabilities. The potential regulatory changes also include particular actions that contractors would be required to take in recruiting, training, record keeping and policy dissemination — much like those already required to foster workplace equality for minorities and women.

In an announcement released by the Labor Department, Secretary of Labor Hilda L. Solis stated that the proposed rule represents “one of the most significant advances in protecting the civil rights of workers with disabilities since the passage of the Americans with Disabilities Act. President Obama has demonstrated a commitment to people with disabilities. This proposed rule would help federal contractors better fulfill their legal responsibility to hire qualified workers with disabilities.”

While Section 503 policies have already been in place for decades, people with disabilities are presently experiencing an unemployment rate of 13 percent, which is one and a half times higher than those without disabilities. Even more alarming is the data released last week by the Bureau of Labor Statistics, which confirms blatant disparities for working-age Americans with disabilities, with 79% completely outside the labor force, compared to 30% of those without disabilities.

“For nearly forty years, the rules have said that contractors simply need to make a ‘good faith’ effort to recruit and hire people with disabilities. Clearly, that’s not working,” said OFCCP Director Patricia A. Shiu. “Our proposal would define specific goals, require real accountability and provide the clearest possible guidance for employers seeking to comply with the law. What gets measured gets done. And we’re in the business of getting things done.”

Setting a 7% hiring goal for hiring Americans with disabilities provides a tool for contractors to assess the effectiveness of various affirmative action efforts. The proposed rule would also improve requirements for data research and documentation to enhance accountability. Additionally, it would institute annual self-reviews of employers’ outreach and recruitment efforts, and include a new requirement for contractors to post job openings to broader pools of qualified candidates.

Learn more about Disability Benefits through the Labor and Industries website.

If you believe you are the victim of employment discrimination, contact a Seattle employment attorney for help with your case. Emery Reddy also represents Washington workers with L&I claims and workers compensation claims.

In Washington State, workers’ compensation insurance coverage is offered through L&I (the Department of Labor & Industries).

This new mandate regarding for-hire drivers was passed in the 2011 Washington Legislature’s House Bill 1367.

What do taxi drivers need to know about L&I claims?

Washington residents who are either owner-operators, or who own a “for-hire vehicle” driven by an employee are responsible for paying workers compensation insurance premiums and reporting workplace injuries directly to L&I.  The 2012 base premium rate has been set at 55 cents/hour.

Do I have to pay workers’ compensation premiums?

Yes. Businesses or self-employed drivers who fail to pay L&I premiums will have their for-hire certificates suspended – and potentially revoked – by the Department of Licensing.

Why do I have to carry workers’ compensation insurance?

Carrying workers compensation insurance will allow drivers of for-hire vehicles to file L&I claims and receive approved medical care and wage compensation if they are injured on the job or develop a work-related illness.  This coverage will also give vehicle owners protection from potential lawsuits by drivers who sustain an injury while operating that vehicle.

How do I sign up for Workers’ Compensation Insurance?

L&I is the agency that establishes workers’ compensation accounts for businesses.  Employers can expect a package in the mail including:

• A Certificate of Coverage for each vehicle you own (this must be carried in each separate vehicle-for-hire).
• Guidelines for how to report a workplace injury to L&I.
• A schedule of your insurance rates.

Businesses that have not received these materials by January 31, 2012, should immediately contact L&I manager Ethan Shaefer at 360-902-4620, or ethan.shaefer@Lni.wa.gov.  You are also advised to consult an L&I attorney if you have a denied L&I claim or other disputes involving a workers compensation claim.

The Misclassification Initiative is restoring rights to those who have been cheated through their employer’s improper practices. In September of 2011, Secretary of Labor Hilda L. Solis signed the Memorandum of Understanding between the Labor Department and the IRS. This arrangement enables agencies to work more closely and share information that will reduce the overall incidence of employee misclassification.

The Wage & Hour Division and the State of Washington Department of Labor & Industries joined forced with the shared goal to provide clear, reliable, and accessible outreach to employers, workers, and other Washington residents. To this end, L&I and the Labor Department will share resources and increase enforcement of worker classification laws by conducting joint investigations and providing ease-of-access to information pertinent to the enforcement of such laws.

Click here for a recent CBS story on Misclassification of Independent Contractors.

If you feel you are a misclassified worker, and have been denied benefits as a result, contact an L&I Attorney to represent your rights.

Earlier this year, the Department of Labor & Industries projected a double-digit increase for workers compensation rates in 2012. Yet Gregoire’s reforms, along with improving trends in L&I claims indicating lower future cost, have resulted in overall workers’ compensation rates remaining flat. L&I projects that the governor’s reform will save $1.1 billion over the next four years.

Judy Schurke, Director of the Department of Labor and Industries, stated that “During the public hearing process we heard that we need to do all we can to reduce or hold the line on the cost of providing a job. That’s why this flat rate is so important.”

While there will be no general rate increase, individual employers may see rates go up or down, depending on their recent claims history, and changes in the frequency and cost of claims in their industry. For example, a 3% increase is slated for the construction industry, while the retail sector will experience a 3% drop.

Gregoire commented that the news “couldn’t come at a better time for Washington businesses and workers. Thanks to the reforms we passed earlier this year and the hard work of our state employees, businesses will have more money to hire and get Washingtonians working again.”

The Employment Security Division originally estimated that February’s unemployment tax reform bill would save businesses more than $300 million in 2011. Less than a year later, the effectiveness of these reforms seems to have surpassed initial expectations:
• Updated estimates indicate that businesses will save more than $500 million in the two-year period — $300 million in 2011 and $207 million in 2012.
• 88% of Washington’s employers will pay lower unemployment tax rates in 2012 than what they pay now.
• The overall average unemployment tax rate will drop by 13%.
• For the 77,338 employers that have had no layoffs in the past four years, the tax rate will decrease by 71%.

Employment Security Commissioner Paul Trause has been unreserved in expressing pride for this outcome: “The stability of our unemployment benefits fund and tax system is the envy of many other states. No other state has been able to reduce taxes and provide temporary benefit increases in this economy.”

New workers’ compensation and unemployment tax rates will both take effect January 2012.

The Department of Labor & Industries (L&I) recently announced that no increase to workers’ compensation rates will occur in 2012. This marks the first time since 2007 that L&I has refrained from an annual rate increase.

Earlier this fall, the department proposed a 2.5% increase for L&I rates. Yet following public testimony regarding the impact of the recession – as well as positive trends in the claims duration – L&I ultimately determined to hold rates flat next year.

An online L&I rate table has been published on the Labor and Industries website; employers can also expect to receive a rate notice soon.

The decision to hold rates flat next year, coupled with savings from the 2011 workers’ compensation reforms, will save Washington businesses $150 million.

However, while there will not be a general rate increase, individual employers may experience rates increases or decreases depending on L&I claim histories and changes in the number and cost of claims in their particular industry.

A total of 171 risk classes will experience a rate increase in 2012, while rates for 146 risk classes will drop or remain the same. For example:

• Construction and forest products – 3% increase
• Agriculture – no increase
• Retail and restaurants – decrease by 3%

Past years have seen large variations in workers compensation rates for L&I claims. While higher than expected investment returns in 2007 led to a 2% rate cut, the Department of Labor and Industries began hiking rates in 2008, first incrementally (by 2 or 3%) and then dramatically: in 2010 L&I implemented a 7.6% average rate increase, which then jumped another 12% in 2011. Officials at the Department of Labor and Industries claimed that, “L&I kept the increase as low as it did by aggressive cost-cutting measures, budget reductions and drawing down the reserves by another $117 million.” However, many businesses were debilitated by the increase in costs   With the passage of Workers’ Compensation Reforms in 2011, $1.1 billion in savings is projected over the next four years, enabling the stabilization of Workers’ Compensation rates for 2012.

General Information about the Department of Labor & Industries and 2012 Workers’ Compensation rates

L&I in Washington State

Washington’s workers’ compensation system is the 7th largest workers’ compensation insurer in the U.S.  L&I insures 162,000 employers and 2.3 million workers; the money to pay work injury claims comes from premiums and investment income. The State Fund does not receive money from state taxes that go into the state General Fund or from the federal government. Each year, about 100,000 L&I claims are filed for work injuries and work-related illnesses. The Department of Labor and Industries maintains administrative costs for managing and processing claims at about 10%, which is approximately one-third of the administrative costs found in many other state funds.

How does L&I help employers meet their obligations?

L&I’s Employer Assistance Program assists Washington businesses that are struggling to pay premiums. L&I can establish a payment plan, and in some cases will agree to waive late penalties and/or interest.

Why did my rates go up when I’ve never had a claim?

In Washington State, all employers that perform similar operations and have similar exposures are classified and grouped together within the same workers’ compensation risk class. Premium rates are set according to the total costs for the risk class. Medical costs and wage compensation for lost workdays also drive up premium rates for an industry risk class. Therefore, if your risk class had higher costs overall, the general rate will be higher for everyone, even if a particular workplace has a good safety record and workers do not file L&I claims as often as other businesses.