How to Reopen an L&I Claim
If your workplace injury or industrial disease worsens, you and your doctor may apply to reopen your Washington state L&I 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.
You may apply to reopen your Washington state L&I claim by submitting an Application to Reopen Claim through the Washington Department of Labor and Industries (L&I). If your claim was rejected, you will not be able to reopen it; however you can file a claim for a new injury or re-injury of a preexisting condition.
If you have questions about how to reopen your Washington state L&I claim and it has been some time since your claim has closed, make an appointment with your doctor so they can help you submit the proper paperwork. You should also contact an experienced Seattle workers’ compensation and L&I attorney right away so they can help make your case.
How Long Do I Have to Reopen a Washington State L&I Claim?
The amount of time that you have to reopen your Washington State L&I claim depends on the benefits you are seeking:
- For medical treatment only, you may apply at any time.
- For both time-loss benefits and medical treatment, apply within 7 years of the date your claim was first closed (10 years for eye injuries).
- If your claim has been closed for more than 7 years, you may apply for medical benefits. However, only the L&I Director may grant additional disability benefits such as wage replacement or disability awards for these claims.
Once you submit your application to reopen a workers’ comp claim, L&I has 90 days from receipt to approve or deny it — although they can choose to extend the decision-making period by an additional 60 days. Reasons for an extension could be:
- L&I is unable to schedule and obtain the results of an Independent Medical Examination (IME).
- The doctor has failed to respond to L&I’s requests for clarification or additional information.
What Do I Need to Reopen a Washington State L&I Claim
If your injury or industrial disease worsens, you and your doctor may apply to reopen your Washington state L&I claim by completing the Application to Reopen Claim Due to Worsening of Condition on the L&I website. You must provide objective medical evidence that after your claim has closed, your work-related injury or illness has worsened and needs more medical attention.
Your provider will need to provide certain information including the following:
- Current symptoms
- First date of your visit after claim closure
- Whether the symptoms are the result of the covered injury
- Critical medical findings supporting a measurable worsening of workplace injury or illness
- Determination of the degree of worsening of the injury or illness
- If the injury prevents you from working
- Description of any physical limitation or restrictions preventing you from working
- Whether light or modified-duty is a viable option for returning to work
- All medical factors that might impede or influence your recovery
- A specific curative treatment plan
- A final diagnosis
Get Help Reopening Your Washington state L&I Claim
The process of reopening a Washington state L&I claim can be complex and difficult. If you have applied to reopen your claim but your claim was rejected or your application to reopen has been denied, you should immediately seek advice from the Seattle Workers’ Compensation and L&I Attorneys at Emery | Reddy, PLLC. Failure to act in a timely fashion could result in the permanent denial of benefits.
HOW IT WORKS
How Employment Law and Washington State 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 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 and 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.
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.
Emery | Reddy Can Help You with Your Washington State L&I Claim
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 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 we may be able help. No fee unless we recover for you.
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L&I — workers’ compensation claims can be denied for any number of reasons. See how we can help you reverse the status of a denied claim.
The Labor and Industries claim process is anything but straightforward. Find out the answers to your L&I — workers’ comp questions today.
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.
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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.
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