In an ideal world, every Washington state L&I claim would ultimately end with total recovery and the injured worker being able to return to work. Unfortunately, this isn’t always the case. When a worker’s injury or illness results in their death, certain family members may be entitled to workers’ compensation death benefits and L&I survivor pensions. Call Emery | Reddy, PLLC today to speak with an experienced Intake Specialist for a Free Case Review and to learn more about how we may be able to help. No fee unless we recover for you.
What Kinds of L&I — Workers’ Compensation Death Benefits Are Available?
A workplace injury or occupational disease that results in death entitles the injured worker’s spouse and dependents to L&I workers’ compensation death benefits, also known as L&I survivor pensions, including the following:
- A one-time immediate payment to the deceased worker’s spouse or registered domestic partner
- Monthly survivor pensions
- Burial reimbursements
What Is a One-Time Immediate Payment?
A one-time immediate payment will be made to the deceased worker’s spouse or registered domestic partner, child, or dependent when the death is related to an industrial injury or industrial disease. The amount of the immediate payment is 100% of the average monthly wage in the state.
Who Is Eligible for L&I Survivor Pensions?
If a worker dies as a result of their injury, their spouse or registered domestic partner, child, or dependent may be eligible for an L&I survivor pension.
- If the decedent was married prior to the workplace injury or industrial disease and remained married until death, their spouse or domestic partner would be eligible to receive any L&I benefits awarded to them for the duration of their lifetime.
- If the decedent leaves no surviving spouse, partner, or child behind, then other qualified dependents can receive benefits equal to half the average monthly support received by the dependent during the year preceding the injury. The benefit limit is 65% of the worker’s wage or maximum benefit level, whichever is less, for all dependents. The payments end when the necessity that created the dependency would have ended had the injury not occurred. Dependents eligible to receive benefits must have been dependent on the worker’s earnings prior to their death and can include parents, grandparents, grandchildren, brothers, sisters, nieces, and/or nephews.
What Are L&I Burial Benefits?
Labor and Industries will pay burial benefits if an injured worker dies as a direct result of an injury or industrial disease. The amount awarded will depend on the date of death. See the Death and Burial Rates chart.
How Do I File a Washington State L&I Claim for Workers’ Compensation Death Benefits?
To receive death benefits from L&I a notification of a fatality must be submitted to L&I before a claim is filed:
- Employers must report any incident that causes a fatality to the nearest L&I office or call the Department of Occupational Safety and Health (DOSH) at 1.800.423.7233, within 8 hours.
- A fatality memo will be completed by the Department of Occupational Safety and Health (DOSH).
How to file an application for benefits:
- Upon notification of a potentially work-related death, the self-insured employer will:
- Assign an SIF-2 for the beneficiary application and will mail to the worker’s last known address, and/or beneficiary address, the Self-Insurer Beneficiary Application (F207-236000) letter (or a substantially similar letter) informing any beneficiary of their right to file an application for benefits. This should be done within 15 calendar days of notification of death.
- Notify the department of their action by submitting a copy of the letter with the SIF-2 to the department within 5 business days of mailing the letter.
- If no information (SIF-2, beneficiary notification, request for claim determination) is received from the self-insured employer within 60 calendar days from notice of the worker’s death, the pension adjudicator will mail a letter to the worker’s last known address or beneficiary address notifying them of their rights and providing a beneficiary application. Additionally, the pension adjudicator will determine if referral for penalty should be made.
The SOL to file for death benefits is one year from the injury that led to death and two years or more for the occupational disease that led to death.
Who Can File an L&I Claim for Workers’ Comp Death Benefits and an L&I Survivor Pension?
A beneficiary must file the Washington state L&I claim for workers’ comp death benefits. Qualified beneficiaries are a spouse, registered domestic partner, or child. If there are no beneficiaries, then a qualified dependent (see above) may file the claim.
Contacting Survivors
If there is a surviving spouse/registered domestic partner and/or dependent(s), contact is made to explain details of the benefits available through worker’s compensation and to obtain a completed Beneficiary Application for Claim Benefits. The following documents must be provided along with the claim:
- A copy of the marriage certificate/declaration of registered domestic partnership.
- A copy of the death certificate.
- Birth certificate(s) for the dependent child(ren).
- Letters of guardianship or custody order.
- Proof of full-time enrollment in accredited school of child(ren) ages 18 through 22.
What If There Is an Open Washington State L&I Claim at the Time of Death?
If there is an open Washington state L&I claim at the time of the worker’s death, the surviving spouse, domestic partner, child, or other dependents can make a formal request to L&I that the benefits pass to them. Benefits include the following:
- Permanent partial disability (PPD) award: If the decedent had time-loss benefits or had received a PPD award still owed by L&I at the time of death, it should be paid to one of the aforementioned parties. If none of these parties come forward, then according to the will; if none come forward, then according to intestate distribution scheme. RCW 51.32.040(2).
- L&I disability pension: An L&I disability pension is a special category of pension only awarded to the most severely injured If the decedent’s status immediately prior to an unrelated death was that they could never work again, then the workers’ benefits can pass to one of the aforementioned parties.
What Is Wrongful Death?
According to the Washington state Legislature RCW 4.20.010, wrongful death happens when the death of a person is caused by the wrongful act, neglect, or fault of another person. Wrongful death is different than an L&I death benefit. A Washington state claim for L&I death benefits requires worker’s injury or illness results in their death, whereas wrongful death requires proof of fault that the death was caused by another person who is not the employer or a coworker of the decedent.
Wrongful death can result from a number of circumstances:
- Medical malpractice and emergency room accidents
- Automobile and airplane accidents
- Hazardous or defective consumer products
- Criminal behavior
- Dangerous conditions or exposure to hazardous substances in the workplace
Can I Have Both an L&I Workers’ Compensation Death Benefit Claim and a Wrongful Death Claim?
Yes, you can have both an L&I workers’ compensation death benefit claim and a wrongful death claim. This results in a third-party claim. L&I states that third-party claims are fault-based, therefore the negligence of the third party must be proven. Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages.
When Will My L&I Survivor Pension End?
- If the worker’s death was related to a workplace injury or illness that resulted in an L&I disability pension, the spouse’s L&I survivor pension is for life unless he or she remarries.
- If a worker dies from causes other than the workplace injury or illness that resulted in an L&I disability pension, and an L&I survivor pension was chosen, the surviving spouse’s benefit is for life even if he or she remarries.
- For claims filed before July 1, 1986, a spouse’s L&I survivor pension ends if he or she remarries.
- For surviving children, benefits end at the age of 18 (they may continue up to age 23 if the child is enrolled full-time in an accredited school).
- For other dependents, benefits cease when the need that caused the dependency ends.
What If the Worker’s Death Was by Suicide?
PTSD, trauma, and work-related mental health issues can be just as devastating for workers as suffering a physical workplace injury. Unfortunately, these issues can become more than the worker can handle, and they may choose to end their life.
If you or someone you know is struggling with thoughts of suicide, we urge you to get help:
- National Suicide Prevention Lifeline — 24 hours a day at 800.273.8255 or text at 988
- Suicide Prevention King County
L&I and Suicide
It can be difficult to obtain the decedent’s L&I benefits in the case of a worker’s suicide. L&I looks closely at cases involving suicide, including whether it was premeditated and how and why it occurred. Getting the advice of an experienced Workers’ Compensation and L&I attorney is incredibly important in this difficult time and situation.
In order to receive L&I death benefits after suicide your case must meet certain criteria. The survivor must show the following:
- The worker’s injury directly caused a mental derangement that led to suicide, and it was not premeditated.
- The suicide occurred from an uncontrollable impulse.
- An allowed medical opinion agrees that the suicide was due to said uncontrollable impulse.
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 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 your loved one has lost their life 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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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.
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