Washington state L&I claims are denied for any number of reasons, such as missed deadlines or disputes about whether the injury was work-related. It takes experience and persistence to get the Washington State Department of Labor and Industries (L&I) to reverse a denied claim. L&I will issue a decision stating whether your claim has been approved or rejected. If your claim is not receiving the attention you think it deserves, contact an experienced Seattle workers’ compensation and L&I attorney as soon as possible.
Your L&I Claim Was Denied — Now What?
You, your employer, and your doctor all have the right to protest any decision made about your Washington state L&I 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 becomes final.
How to Protest or Appeal a Denied Claim
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:
- 60 days to appeal a claim decision or a payment decision
- 20 days for providers to appeal a billing decision that reduces the amount paid, or demands repayment
HOW IT WORKS
The Protest and Appeal Process
How to Protest a Vocational Determination
If you disagree with a vocational determination on your claim, you may submit the Vocational Dispute Form with your concerns. The dispute form is not required but may prove to be a useful tool.
You may appeal in writing to:
The Washington State Department of Labor and Industries
Vocational Dispute Resolution Office (VDRO)
P.O. Box 44880
Olympia, WA 98504-4880
Your dispute must be sent within 15 calendar days of receipt of a notification letter. The 15-day deadline may be extended by VDRO if good cause is shown. It’s best to dispute on time. If you miss this deadline, you can try reconsideration or appeal, which have 60-day deadlines.
Are Time-Loss Benefits Affected during the Vocational Dispute Period?
L&I will not pay time-loss benefits during the VDRO review process or if the vocational determination finds the injured worker employable.
Can I Reopen a Denied Workers’ Comp Claim?
If your workplace injury or industrial disease worsens, 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. Once you have this evidence you should reach out to an experienced Seattle L&I and workers’ compensation attorney.
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 wage replacement 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.
How Do I Know If I Have a Strong Washington State L&I Claim?
If you have a Washington State L&I claim or wonder if you should contact an experienced Seattle L&I and 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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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.
“Everyone at Emery | Reddy went above and beyond to help me through a very tough time dealing with L&I. If it wasn't for them, I would not have received all the benefits I needed to support my family during my injury. They fought for me every step of the way.”
— Erik S.
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