After having an accident at work it can be a confusing time. There is a lot of what seems to be conflicting information about worker’s compensation coming from insurance, your employer, and the state. The confusion and frustration can be compounded if you’re trying to understand the whole thing while recovering, on pain pills, or going to physical therapy.

This is where experienced legal council can really help. An attorney can help mediate and make sure that everyone is on the same page while at the same time protecting your rights and making sure that you and your injury are addressed with your personal interest in mind.

First, it is best to just know some simple information about your rights. (keep in mind that some employers choose to be self insured, which means that you deal directly with them and their insurance provider rather than the Labor and Industries).

• Deadline for Filing a Workers Compensation Claim – You need to file your claim application within one year of date of your injury to our employer and Labor and Industries. As for diseases, L&I requires that they receive it within two years from the date of your doctor’s diagnosis.
• How Long Before I Find Out Whether I Receive Workers Compensation – Your doctor has five days to send the report to L&I or your employer. L&I and your employer have different response times, but if your claim is accepted, generally you should get your first compensation payment within 14 days.
• Are My “Time Loss” Benefits the Full Amount of My Pay? – Depending on the nature of your injury and how many dependants you have, generally, no. According to L&I they usually come to between 60% to 75% of what you were making.
• Is My Compensation Taxed? – No, the IRS considers them disability benefits, thus, exempt from taxes.
• Can My Employer Fire Me While I’m On Workers Compensation? – If there is no one available to cover you and there isn’t light duty work that can accommodate your injury, then the simple answer is “yes”. The can also fire you if you violated a safety rule. They can’t fire you for the sole reason that they’re mad at you for filing a workers compensation claim. That would be discrimination.
• My Injury Was Caused By Someone Else (a Third Party) – Washington State’s compensation plan is “no-fault” insurance. Regardless of what caused the on-the-job injury, workers are covered. However, if it was caused by the failure of a machine, a product or someone who is not an employee of your company, you can sue them.
• I Want to Change Doctors or Get a Second Opinion, but I’ve Already Filed – Ask your claim manager first and then fill out this form. If you wish to get a second medical opinion about your treatment or upcoming surgery, for example, you should also call your claim manager for approval.
• What if the Accident was My Fault? Are My Medical Bills Still Covered? – Yes. The benefits cover you if you caused the accident, but as state above, your benefits could be affected if you violated a safety rule.
• I Was Denied and I Want To Appeal – You probably haven’t gotten legal council yet, so this is a good time to do that, but you can also try to do it yourself. Make sure you thoroughly read the rules first.
• I Want to Move Out of State. Does the Compensation Follow Me? – Your rights, benefits, and responsibilities for your claim will remain the same. Washington State laws will always apply to your claim regardless of where you live. Keep in mind some doctors in some states won’t take workers compensation patients.
• My Claim Was Closed, but My Condition Has Worsened – Get together with your doctor to apply to reopen your claim. If there is clear evidence (physical evidence your doctor can measure) that your medical condition is a result of the same injury and that it has worsened since the claim closed, then you may be reinstated.
• My Injury Isn’t Permanent but It Hampers How I Work and I May Not Get Paid as Well If I go Back to Work. If I Go Back To Work Do I Lose My Compensation? – No, the benefits are based on the injury, not on your ability to work, though the benefits can end if the injury is deemed fully healed and not a disability.

Workers Compensation is a long and complicated process that has many rules and subtle nuances that insurance companies and employers use to deny you the compensation you are entitled to. It may not be in your best interest to assume that the insurance company or your employer has your best interest in mind.

Get an experienced legal professional on your side. Call Phillips Webster for a consultation into your legal rights.

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