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Emery | Reddy: Seattle Workers’ Compensation and L&I Attorneys
Emery | Reddy, PLLC is the only law firm in Washington state that is equipped to provide comprehensive representation on your case from every angle. Our Seattle Workers’ Compensation and 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 Emery | Reddy may be able help. No fee unless we recover for you.
Do I Need a Washington Workers’ Compensation and L&I Attorney?
If you have a Washington State L&I claim or wonder if you should contact an experienced Seattle L&I worker’s 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 Seattle Workers’ Compensation and L&I Attorneys are here for you every step of the way.
How Does Workers’ Comp Work in Washington State?
Navigating a L&I claim in Washington state can be extremely complex and time-consuming. If you aren’t sure where to start, watch our videos explainers from Emery | Reddy Attorney Patrick B. Reddy and read our Workers’ Compensation FAQ that has the answers to your most common questions regarding the L&I process.
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 (SIE), you must file your claim with them. Contact your employer’s human resources department for help.
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, the State 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. Industrial disease claims must be received within two years of the date that your doctor notified you in writing that your injury is work-related.
HOW IT WORKS
How to File an L&I Claim
What Are Washington State L&I Benefits?
L&I has a range of benefits at its disposal to help employees recover from a workplace injury or industrial disease, including the following:
Medical benefits will be available to you for as long as your 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 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.
L&I Independent Medical Examination
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 finding, opinions, and conclusions about your physical condition. 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, PLLC today to speak with an experienced Intake Specialist and to learn more about how we may be able to help you with your claim. No fee unless we recover for you.
There are specific circumstances in which you might be ordered to attend an Independent Medical Exam (IME). The Washington state Legislature has outlined IME guidelines about the requirements for attendance.
An IME does not constitute medical treatment, rather the purpose of an IME is to help the insurance company determine the reality and extent of your injury by:
- Gathering information on your condition.
- Determining maximum medical improvement (MMI) 20.01002.
- Deciding if your condition is, in fact, directly related to your workplace injury or industrial disease and then denying or awarding L&I benefits.
- Ending your medical care.
- Closing your L&I claim.
L&I and self-insured employers (SIEs) usually determine the date and time of an IME evaluation. If you need to reschedule your IME, contact your L&I Claims Manager immediately. If you have a conflict with the scheduled date, notify your Claims Manager as soon as possible so they can reschedule the exam. The L&I Claims Manager will most likely accommodate reasonable requests and arrange for the exam to be conducted on a different date.
Will I Get an Award or Settlement from L&I?
In Washington state, the money awarded to a claimant is determined by numerous factors, making it difficult to provide an accurate L&I settlement calculator. Factors that determine an award or settlement amount include the date the injury occurred, the severity of the injury, and the steps the injured worker takes to receive the compensation they need.
During the course of your workers’ compensation claim, you may be required to complete one or more Independent Medical Examinations (IMEs) conducted by a doctor other than your primary provider. The purpose of this exam is for L&I to have indisputable facts as to why treatment is needed regarding your medical condition. Your injury is rated as a percentage in its category and given a value of 1 – 9. Typically, the higher the number, the more significant your injury is. Your PPD award is calculated from those numbers before your case is closed. The most recent permanent partial disability L&I settlement calculator is the PPD Schedule 2024.
Workers’ Compensation Requirements in Washington State
Understanding the intricacies of L&I — workers’ compensation is crucial for ensuring compliance and protecting worker’s rights in the event of injuries or accidents on the job.
- Coverage: All employers in Washington state must provide workers’ compensation coverage. If an employer cannot acquire coverage through private insurance (known as a self-insured employer), a State fund offered by L&I can provide coverage for their employees.
- Reporting: Your doctor will send the report to L&I or your self-insured employer.
- Premiums: Employers are responsible for paying their workers’ compensation insurance premiums.
- Exemptions: Self-employed individuals, sole proprietors, independent contractors, and partners are exempt from workers’ compensation insurance requirements.
- Non-Compliance: Employers can be fined, penalized, or face legal action if they fail to comply with Washington state’s workers’ compensation requirements.
Do You Need Workers’ Compensation If You Are Self-Employed?
Self-employed individuals and sole proprietors without employees are not required to purchase workers’ compensation in Washington state. However, you can still purchase workers’ compensation for yourself to get coverage for medical expenses and wage replacement.
Any employee you hire, including any part-time employees, is entitled to workers’ compensation. Independent contractors are an exception since they are not considered employees; however, employers should be careful not to misclassify employees as independent contractors, or they may face penalties and fines for failing to provide workers’ compensation insurance. Refer to the criteria outlined in the Washington State Industrial Insurance Act to determine if an employee is correctly classified as an independent contractor.
Self-Insured Employer Claims vs. L&I Claims
Self-insured employer claims can sometimes work differently from Labor and Industries (L&I) state-funded claims, making it more difficult to get the compensation to which you are entitled. Self-insured employers will do everything in their power to deny your compensation.
If you disagree with their decision, you have the right to report your problem directly to L&I and to protest or appeal with the help of an experienced Seattle workers’ compensation and L&I lawyer.
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 workers’ compensation and 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.
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Want More Information?
To determine the value of your L&I claim, you first need to understand the different types of L&I awards offered in Washington state.
The Labor and Industries claim process is anything but straightforward. Find out the answers to your L&I — workers’ comp questions today.
It is crucial to navigate the L&I claims process with care and attention to detail. Learn how to avoid mistakes when filing your claim.
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Meet the Team
The Seattle Workers’ Compensation and L&I Attorneys at Emery | Reddy, PLLC are passionate about helping workers with L&I claims and Employment and Labor Law issues. We help workers.® It’s our motto and what drives us every day.
We know how L&I and big companies think, and we understand the tactics they use. Our Seattle Workers’ Compensation and L&I Attorneys use that knowledge coupled with over eight decades of experience to help our clients get access to the L&I benefits to which they are legally entitled and hold employers accountable when they break the law.
If you’re struggling with a Washington state L&I claim or legal issue at work, call us for a Free Case Review with an experienced Intake Specialist to learn more about how Emery | Reddy may be able to help. No fee unless we recover for you.
“Very friendly interview and intake process. I was informed thoroughly about the processes in obtaining a lawyer and was given ample time to make a decision on representation. I’m thankful for everyone’s help and looking forward to working with this Firm on my worker’s compensation claim.”
— Darren A.
